HomeMy WebLinkAboutCarl Warren & Company - 2007-08-20l
Council/Agency Meeting Held: o o D -7-
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Cit CI rk's igna r
Council Meeting Date: 8/20/2007
Department I umber: HR 07-12
SUBMITTED TO:
SUBMITTED BY:
PREPARED BY:
SUBJECT:
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
Honorable Mayor and City Council Members
Penelope Culbreth-Graft, DPA, Cry Admini
Michele Carr, Human Resources
Approve contract between the C
Warren & Co. to provide liability/
Statement of Issue, Funding Source, Recommended Action,
44untington Beach and Carl
s processing
), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The City of Huntington Beach maintains a program of self-insurance
for general liability pursuant to the California Tort Claims Act. The City desires to retain the
services of Carl Warren & Co. to provide assistance in administering this program.
Funding Source: This contract in an amount not to exceed $289,750.00 will be paid from
appropriations made in Business Unit 10030502.69365 Liability Insurance fund in the
2006/07 budget.
Recommended Action: Motion to: Approve the agreement between the City of
Huntington Beach and Carl Warren & Co. for liability claims processing.
Alternative Action(s): Do not approve the agreement between the City of Huntington
Beach and Carl Warren & Co. and direct staff to solicit more bids.
L" 5-
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: HR 07-12
Analysis: Carl Warren & Co. will provide claims handling services on claims against the
City, its officers, agents and employees. Services shall include but are not limited to:
Receipt, examination and investigation of reports of accidents, incidents, claims or cases,
which are or may be the subject of claims. Carl Warren & Co. will also provide claims
adjusting services, administrative services and legal services as outlined in the contract.
Staff sent out Request for Proposals (RFPs) for claims handling services to prospective Third
Party Administrators and received five responses. Listed below are the weighted scores of
the five proposals:
Carl Warren & Co. 382.30 Gregory B. Bragg 253.50
Tristar 296.70 NovaPro 253.50
FARA 281.40
Based on total weighted scores resulting from the review and evaluation of the proposals,
staff is recommending Carl Warren & Co. to provide claims handling services. The City has
utilized Carl Warren & Co. for many years and has been satisfied with their services.
Strategic Plan Goal: This request meets the strategic goal under City Services of providing
quality public service with the highest professional standards to meet community
expectations and needs, assuring that the city is sufficiently staffed and equipped overall.
Environmental Status: NIA
Attachment(s)-
-2- 8/8/2007 12:24 PM
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Carl Warren & Company
FOR
Liability Claim Investigation and Processing
Table of Contents
1
Scope of Services.....................................................................................................1
2
City Staff Assistance................................................................................................2
3
Term; Time of Performance.....................................................................................2
4
Compensation..........................................................................................................2
5
Extra Work...............................................................................................................2
6
Method of Payment................................................................. ....3
.............................
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Harmless.........................................................................................................3
9
Professional Liability Insurance.............................................................................4
10
Certificate of Insurance............................................................................................5
11
Independent Contractor............................................................................................6
12
Termination of Agreement............................................................................ ....6
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents...................................................................................................7
15
City Employees and Officials..................................................................................7
16
Notices.........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings.....................................................................................................8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................
9
23
Legal Services Subcontracting Prohibited..........................................I.....................9
24
Attorney's Fees..........................................................................................................10
25
Survival.....................................................................................................................10
26
........................
Governing Law............................................................................. ....10
27
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Carl Warren & Company
FOR
Liability Claim Investigation and Processing
THIS AGREEMENT ("Agreement") is made and entered into this e:176 day of
&(,U,S7- 20 D , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Carl Warren & Company , a corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide liability claim investigation
and processing services ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Kevin D. Sovereign who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profsery 10/15101-A I
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
three (3) years frm
"Commencement Date"). This Agreement shall expire on Corrmencenent date_, unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than three (3) years from the Commencement 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
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Two t4mdred eighty nine thousand
seven hundred fifty Dollars ($ 289, 750.00 ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/forms/profsery 10/ 15101-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
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
agree/forms/profsery 10/ 15/01-A 3
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.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "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.
agree/forms/profsery 10/15101-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. 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
agree/forms/profsery 10/ 15101-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the 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.
agree/forms/profsery 10/1510 1-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Patti Williams
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Carl Warren & Company
Attn: Kevin D. Sovereign
770 S. Placentia Avenue
Placentia, CA 92870 - 6832
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.
agree/forms/profsery 10/ 15101-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or 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
agree/forms/profsery 10/ 15101-A 8
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.
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,
agree/forms/profserv10/15/O1-A 9
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
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/15101-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their authorized officers the day, month and year first above written.
CONSULTANT/CONTRACTOR /
By_f
Q ar'
print name
ITS: (circle one) Chairmanresident Vice President
AND
By:
print nam
ITS: (circle one) Secretary&hiefFinancial Officer sst
Secretary - Treasurer
REVIEE APP D:
fi
City Adminis or
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
JAPROVED AS TO FORM:
City A orney lu o1
INITI AND PP VED:
l Dk*& i�
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The City of Huntington Beach maintains a program of self-insurance for general. liability
pursuant to the California Tort Claims Act. The Consultant shall assist the City in administering
such a program including the investigation, adjustment, processing, supervision and resolution of
claims asserted by third parties against the City, its officers, agents and employees.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
The Consultant is to provide the City with the following services:
1) Investigative Services.
a) Consultant shall provide investigative services on claims against the City, its officers,
agents, and employees. Such services shall include, but is not limited to: Receipt,
examination and investigation of reports of accidents, incidents, claims or cases,
which are or may be the subject of claims. The term "investigation" shall include on -
site investigation, necessary photographs, the inverviewing of witnesses, the
determination of losses, and other such investigative services necessary to determine
City's liability and financial exposure, if any.
b) Conduct and/or engage, on behalf of the City, the services of independent outside
investigators to conduct all field investigation that is needed to properly handle
general and automobile claims., The selection of outside investigators shall be made
from a list approved by the City.
c) Without compromising the quality of investigation, make every attempt to conduct as
much investigation from the office as possible before conducting outside
investigation and/or engaging the services of outside investigators. In the event that
outside investigation is necessary, monitor outside investigation to minimize expense.
2) Claims Adjustment Services.
Consultant shall provide claims adjustment services on claims against the City, its officers,
agents, and employees. Such services shall include, but is not limited to:
a) Screen accident reports for legitimate potential claims and attempt to initiate rapport
with claimant before attorney involvement, while caring not to solicit unlikely claims.
b) Attempt to settle or recommend denial of claims.
c) Prepare necessary reports of claims filed to the City's primary and excess carriers.
d) Serve as liaison between carriers and the City on matters affecting the adjustment of
claims, unless otherwise advised by the City Attorney.
e) Establish and maintain a file for each potential claim reported.
3) Administrative Services.
Consultant shall provide administrative services that include, but is not limited to:
a) The assignment of qualified personnel, including at least one principal account
adjustor, to efficiently and effectively meet the scope of services listed in this section.
Such assignment shall be subject to approval of the City.
b) Preparation of a Monthly Status Report on all claims including litigated claims.
Copies of the report shall be furnished to both the City Attorney and Risk
LiabClaiminvest Exhibit A 1 of 2
EXHIBIT "A"
Management within twenty (20) days of the close of each calendar month. The
Monthly Status Report shall include, but is not limited, to the following:
♦ The details of each claim. This includes a list of all claims segregated by
policy year showing the following: policy year, case number, claimant's
name, cause of loss description, date of loss, type of loss, status, losses paid to
date, reserves, and total incurred
♦ The outstanding reserves of each claim and details of all claim payments
during the month, and
♦ The cost of investigation
♦ Claims opened and closed during the month
♦ Active liability litigation
c) The establishment and periodic review of reserves on all open claims (litigated and
non -litigated).
d) Maintain a procedure to alert necessary persons of important dates with respect to the
claims.
4) Legal Support Services.
Consultant shall provide legal support services on each litigated claim. Such services shall
include, but is not limited to:
a) Municipal, Superior or Federal Court Litigation. Upon notification by City that suit
has been filed on any claim, the Consultant shall:
♦ Contact the City Attorney and provide her with all information and files
concerning said claims
♦ Maintain liaison with Risk Management and provide such investigation
services as are required by the City Attorney, and outside counsel, if any,
during pre-trial and trial stages
♦ Assist the City Attorney, and outside counsel, if any, in answering any
interrogatories filed by the claimant as required by the City Attorney
b) Small Claims Litigation. Consultant shall assist Risk Management in Small Claims
actions filed against City on claims handled by Consultant by providing Risk
Management with:
♦ Names of witnesses to be subpoenaed
♦ Necessary evidence
♦ Assistance at the trial, including appearance as a witness, if necessary
C. CITY'S DUTIES AND RESPONSIBILITIES:
1) City shall provide Consultant with copies of documents within its control without charge
and shall make City employees available for interviews at reasonable times.
2) City will furnish at no cost to Consultant copies of attorney's reports and other relevant
materials for Consultant's use in preparing case analysis or status reports and for reviewing
purposes, but CITY will not incur any additional expenses in such regard.
D. WORK PROGRAM/PROJECT SCHEDULE:
To be determined
LiabClaiminvest Exhibit A 2 Of 2
EXHIBIT "B"
Payment Schedule
1. 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. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with the following fee schedule:
November 27, 2006 - November 26, 2007
Hourly Service Rate
$52.00 per hour
Telephone
8% of services
Photocopies
$.25 per page
Transcription
$5.00 per page
File Set-up
$26.00
Mileage
$0.45 per mile
Photos
$2.25 per photo
Tapes
$2.00 per tape
Index Bureau/OFLAC
$15.00 each
Office Expense
15% of services
Monthly administration fee
$750.00
(Includes data processing and inputting
data on claims handled by the City)
Annual Fee (not to exceed) $92,500.00
*Based on 150 new claims per year. Claims in excess of 150 will be billed at the hourly
rate plus add-ons as above.
November 27, 2007 - November 26, 2008
Hourly Service Rate
$53.00 per hour
Telephone
8% of services
Photocopies
$0.30 per page
Word-processing
$5.00 per page
File Set-up
$26.50
Mileage
$0.45 per mile
Photos
$2.25 per photo
Tapes
$2.00 tape
Index Bureau/OFLAC
$15.00 each
Office Expense
15% of services
Monthly administration fee
$750.00
(Includes data processing and inputting
data on claims handled by the City)
jmp/contracts group/exB-1/3/6/07 1
EXHIBIT B
Annual Fee (not to exceed) $97,750.00
*Based on 155 new claims per year. Claims in excess of 155 will be billed at the hourly
rate plus add-ons.
November 28 2008 - November 26 2009
Hourly Service Rate
$54.00 per hour
Telephone
8% of services
Photocopies
$0.30 per page
Word-processing
$5.00 per page
File Set-up
$27.00
Mileage
$0.45 per mile
Photos
$2.25 per photo
Tapes
$2.00 per tape
Index Bureau/OFLAC
$15.00 each
Office Expense
15% of services
Monthly administration fee
$750.00
(Includes data processing charges and inputting data on claims handled by the City)
Annual Fee (not to exceed) $99,500.00
*Based on 160 new claims per year. Claims in excess of 160 will be billed at the hourly
rate plus add-ons.
In addition, all allocable loss expenses including but not limited to legal fees, appraisal
fees, expert witness fees, report fees, photocopying service charges or similar charges are
to be pass -through expenses paid by the City.
CONSULTANT agrees to inform the City when CONSULTANT is at the point of reaching the
maximum limit per year. CONSULTANT shall not continue with any work effort over the
amount of the maximum limit per year unless first authorized in writing by the City authorized
representative(s).
3. 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.
4. 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.
jmp/wnUaM gmuWex13-1/3/6/07 2
EXHIBIT B
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 "All 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.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
jmp/conttucU gmup/ex13-18/6/07 3
EXHIBIT B
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
RFEl" 'E
1. Date: 4/10/2007 ;APR 2 4 2(01)1
2. Department:
Human Resources
3. Requested by: Patti Williams
4. Name of consultant: Carl Warren & Co.
%y of Huntington Beach
�itY Attorney's Office
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
See Exhibit A
6. Amount of the contract: $289,750.00
Y- /9 /
7. Are sufficient funds available to fund this contract?' , 'Yes Pf No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ® Yes ❑ No
9. Company number and object code where funds are budgeted: 10030502.69365
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
16. Attach proposed scope of work.
See Exhibit A
16. Attach proposed payment schedule.
See Exhibit B
ez
Department Head Signature CHARD`AMADRIL, Manage
Pu►6hasing/Central Services
1. If the answer to this question is "No," the contract will require approval from the City Council.
ACORDrM
CERTIFICATE OF INSURANCE
ISSUE DATE
05/21/2007
PRODUCER
This certificate is issued as a matter of information only and confers no rights
MSW Insurance Services, Inc.
19100 Von Karman Ave. Suite 900
upon the Certificate Holder. This Certificate does not amend, extend or alter the
coverage afforded by the policies below.
COMPANIES AFFORDING COVERAGE
Irvine, CA 92612
License #OE55346
ComApany Federal Insurance Company
INSURED
Company Executive Risk Indemnity Inc.
Carl Warren & Co.
B
770 S. Placentia Ave
Placentia, CA 92870
Company Everest National Ins Co
C
Company
D
Company
E
This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding
any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by
the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
LIMITS OF LIABILITY
LT
EXPIRATION
A
GENERAL LIABILITY
35843979
05/04/2007
EACH OCCURRENCE
$ 2,000,000
IXZI Commercial General Liability
❑ claims Made ® Occurrence
❑ Owners' and Contractors' Protection
❑
05/04/2008
FIRE DAMAGE
$ 2,000,000
MEDICAL EXPENSE
$ 10,000
PERS. AND ADVERTISING INJURY
$ 2,000,000
GENERAL AGGREGATE
$ 2,000,000
❑
PRODUCTS AND COMP. OPER. AGG.
$ 2,000,000
General Aggregate Limit applies per:
® Policy ❑ Project ❑Location
A
AUTOMOBILE LIABILITY
73535617
05/04/2007
COMBINED SINGLE LIMIT
$ 1,000,000
El Any Automobile
❑ All Owned Automobiles
❑ Scheduled Automobiles
® Hired Automobiles
® Non -owned Automobiles
05/04/2008
BODILY INJURY Perperson)
$
BODILY INJURY Per accident
$
PROPERTY DAMAGE Per accident
$
COMPREHENSIVE
$1000 deductible
❑
COLLISION
$1000 deductible
C
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
CA20010825071 (HI & NC
only) & CA0010824071
03/01/2007
03/01/2008
WC Statutory Limit I x I Other FT
EL EACH ACCIDENT
$ 1,000,000
(CA & all other states)
EL DISEASE Each employee)
$ 1,000,000
EL DISEASE(Policy Limit
$ 1,000,000
EXCESS LIABILITY
EACH OCCURRENCE
$
❑ occurrence ❑Claims Made
AGGREGATE
$
B
ERRORS AND OMISSIONS
6802-6616
05/04/2007
E&O
$ 3,000,000
$
05/04/2008
$
$
The City of Huntington Beach, its agents, officers and employees are Additional Insureds as respects to the General Liability coverage as required by written
contract subject to policy terms, conditions, and exclusions.
eVED S TO O
JEN IF R cO ity AttornmVy��
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Authorized Representative
The City of Huntington Beach
Risk Manager
2000 Main Street
�
Huntington Beach, CA 92648
Pa e 1 of 1 Certificate ID # 11 XPTD11
Liability Insurance
Endorsement
Policy Period MAY 4, 2006 TO MAY 4, 2007
Effective Date MAY 4, 2006
Policy Number 3584-39-79WC
Insured CARL WARREN& COMPANY
Name of Company FEDERAL INSURANCE COMPANY
Date Issued MAY 17, 2006
",�F,�Y,f'B��....3,;�i�'�xfi§Y.£o�N,': h'�XkT/"�:.Y?�'6.�/k�., X9.A"iC'�J".^o966'^�!/3': �!u%!v�:kH,R�:`.4:.'�'.;,..�fF:�"v'(42,+�.A..h`�lr .,,.r,.�'k9L'%J§T. tYgXJ:N�Ai<F.n. /.' :�%kY6B�".'Sa..:<"✓d.'n'.�rL'9%.^..�:n9.u.��SF°F13,'tn:.RKe"Tr.,�iv'dv ,;...
This Endorsement applies to the following forms:
GENERAL LIABILITY
..,:,.:.,,.._.�,,,a�:,:.,,:-�',sa,v�;�rr�.,.rvv=;rc-zro��zsr„,��rair,.,:ez�s'a°,�vrex�.v.<¢.,r..t;..,��.. .. ,. �a;.ax�rr.r,�am�-erase..�✓a.��m.r.=.:�zn:.:::.��s ,.
Under Who Is An Insured, the following provision is added:
Who Is An Insured
ScheduledPerson Or Subject to all of the terms and conditions of this insurance, any person or organization shown in the
Organization Schedule, acting pursuant to a written contract or agreement between you and such person or
organization, is an insured; but they are insureds only with respect to liability arising out of your
operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide
them with such insurance as is afforded by this policy.
However, no such person or organization is an insured with respect to any:
assumption of liability by them in a contract or agreement. This limitation does not apply to
the liability for damages for injury or damage, to which this insurance applies, that the person
or organization would have in the absence of such contract or agreement.
damages arising out of their sole negligence.
Schedule
THE CITY OF COSTA MESA
IT' SELECTED AND APPOINTED BOARDS, OFFICERS,
AGENTS AND EMPLOYEES
77 FAIR DRIVE
COSTA MESA, CALIFORNIA92626
CITY OF BEVERLYHILLS
455 N REXFORD DRIVE, ROOM 190
BEVERLYHILLS, CA 90210-4817
CITY OF GARDEN GROVE
Liability Insurance Additional Insured -Scheduled Roe,% fteiabpy continued
Form 80-02-2367(Rev. 8-04) Endorsement Page T
Liability Endorsement
(continued)
RISK MANAGER
P.O. BOX 3070
GARDEN GROVE, CA 92642
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS & EMPLOYEES
ATTN: RISK MANAGER
2000 MAIN STREET
HUNTINGTONBEACH, CA 92648
COUNTY OF SAN LUIS OBISPO COUNTY ADMINITRATIONOFFICE
1055 MONTEREY STREET, ROOM D-430
SAN LUIS OBISPO, CA 93408
CITY OF ALHAMBRA
III SOUTH FIRST STREET
ALHAMBRA, CA 91801
THE CITY OF LAGUNA HILLS
24035 EL TORRO ROAD
LAGUNA HILLS, CA 92653
SACRAMENTOMUNICIPAL UTILITY DISTRICT
P.O. BOX 15830
SACRAMENTO,CA 95852
CITY OF CARSON
PO BOX 6234
CARSON, CA 90749
All other terms and conditions remain unchanged.
Authorized Representative P&IJ;
Liability Insurance Additional Insured -Scheduled PerscR@f@mM#rCopy last page
Form 80-02-2367(Rev. 8-04) Endorsement Page 2
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Human Resources
SUBJECT:
Approve Contract between the City and Cart Warren &
Co.
COUNCIL MEETING DATE:
August 20, 2007
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
El
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
Not Applicable
Bonds (If applicable)
Attached
Not Applicable
Staff Report (If applicable)
Attached
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
El —
Not Applicable
EXPLANAT�ON FOR MOSSONG ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Deputy City Administrator (Initial)
( )
( )
City Administrator (initial)
( }
City Clerk
-EXPLANATION• ' RETURN OF
1`
AII.-.l=.�r'.�' ��°.,:�.�—ate---= --'�.r►��.�s--
(Below Space For City Clerk's Use Only)
RCA Author: Patti Williams, Risk Manager
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 27, 2007
Carl Warren & Company
770 S. Placentia Avenue
Placentia, CA 92870-6832
Attn: Kevin D. Sovereign
Dear Mr. Sovereign:
Enclosed for your records is a fully executed copy of Professional Services Contract
between the City of Huntington Beach and Carl Warren & Company for Liability Claim
Investigation and Processing.
JF-pe
Enclosure- Agreement
G: fo11owup: agrmtltr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone: 714-536-5227 )