HomeMy WebLinkAboutCarpenter, Rothans & Dumont - 2014-01-21we
�CONTRACTS SUBMITTAL TO
------ CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Carpenter, Rothans & Dumont
Purpose of Contract: To provide as -needed litigation services to the
City Attorney's Office
Amount of Contract: $49,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
to Risk Management
Initiating Dept. �'
Finance Dept. ORIGINAL bonds sent to Treasurer ❑ 6Uf�C
l 7 Date: —
ame/Extension
City Attorney's Office
X'
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
- - CARPENTER, ROTHANS & DUMONT
TO PROVIDE AS -NEEDED LEGAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"City," and Carpenter, Rothans & Dumont, hereinafter referred to as "Legal Counsel."
WHEREAS, City desires to engage the services of Legal Counsel to provide as -needed legal
services to the City in police and non -police tort defense matters, 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
Legal Counsel has been selected to perform these services,
NOW, THEREFORE, it is agreed by City and Legal Counsel as follows:
1. SCOPE OF SERVICES
During the term of this Agreement, Legal Counsel shall provide legal services to the
City in police and non -police tort defense matters. Legal Services may consist of meetings,
conferences, document review, document preparation, defense strategy consultations and other
services as directed by the City Attorney. Legal Counsel agrees to accept the assignment except
where it has a conflict of interest.
2 TERM; TIME OF PERFORMANCE
The term of this Agreement shall be from , _141-- through
be �,() 2016, except that Legal Counsel shall complete all legal and administrative
proceedings and advisory assignments made prior to the expiration of this Agreement.
09-2355.001/Carpenter Rotham Am-eement 2014.doc 1 of 9
3. COMPENSATION
In consideration of the performance of the services described herein, City agrees to
pay Legal Counsel on an hourly basis at the rates specified in the attached Exhibit A in an amount
not to exceed $49,000.
4. DISPOSITION OF LEGAL PLEADINGS. REPORTS. CORRESPONDENCE AND
OTHER DOCUMENTS
Legal Counsel agrees that title to all materials prepared hereunder, including, without
limitation, all legal pleadings, reports, correspondence and other documents, shall belong to City,
and upon the request of City, Legal Counsel shall turn these materials over to City. These materials
may be used by City as it sees fit.
5. HOLD HARMLESS
Legal Counsel 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 Legal Counsel's (or Legal Counsel's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by Legal Counsel, its officers, agents or .employees
except such loss or damage which was caused by the sole negligence or willful misconduct of City.
Legal Counsel Will conduct all defense at its sole cost and expense and City shall approve selection
of Legal Counsel'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 Legal Counsel.
09-2355.001/Carpenter Rotham Aueement 2014.doc 2 of 9
6. PROFESSIONAL LIABILITY INSURANCE
Legal Counsel shall obtain and furnish to City- a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for Legal
Counsel'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 without the express written consent of City; however an insurance policy "deductible" of
Ten Thousand Dollars ($10,000.00) or less is permitted. 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. Legal Counsel shall notify City of circumstances or incidents that might give
rise to future claims.
Legal Counsel will make every effort to maintain similar insurance during the
required extended period of coverage following completion of the work. If insurance is terminated
for any reason, Legal Counsel 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.
If Legal Counsel fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not effect Legal Counsel's right to be
paid for its time and materials expended prior to notification of termination. Legal Counsel waives
the right to receive compensation and agrees to indemnify the City for any work performed prior to
approval of insurance by the City.
09-2355.001/Carpenter Rothans Agreement 2014.doc 3 of 9
7. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, Legal Counsel --shall
famish 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. 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.
Legal Counsel 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 Legal Counsel'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. Legal Counsel shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
8. INDEPENDENT CONTRACTOR
Legal Counsel 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. Legal Counsel
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 Legal Counsel and its officers, agents and employees and all business
licenses, if any, in connection with the work and/or the services to be performed hereunder.
09-23 5 5.00 1 /Carpenter Rothans Agreement 2014.doc 4 of 9
9. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
City may terminate Legal Counsel's services hereunder at any time with or without cause. Any
termination of this Agreement by City shall be made in writing, notice of which shall be delivered
to Legal Counsel as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, reports, and evidence shall, at the option of City, become its property and shall
be promptly delivered to it by Legal Counsel.
10. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by Legal Counsel 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 subcontracts must satisfy the insurance requirements as set forth
in Sections 6 and 7 hereinabove.
11. COPYRIGHTSTATENTS
City shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
12. CITY EMPLOYEES AND OFFICIALS
Legal Counsel 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.
13. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to Legal Counsel or to City as the situation shall warrant, or by enclosing the
09-2355.001/Carpenter Rothms Agreement 2014.doc 5 of 9
same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, to the addresses specified below. City and Legal Counsel 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:
To Legal Counsel:
City of Huntington Beach Carpenter, Rothans & Dumont
Attn: Neal Moore, Sr. Deputy City Atty. Attn: Mark Rutter, Esq.
2000 Main Street 888 South Figueroa Street, Ste. 1960
Huntington Beach, CA 92648 Los Angeles, CA 90017
14. 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.
15. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
16. 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.
09-2355.001/Carpenter Rothans Affeement 2014.doc 6 of 9
17. 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 fixture 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.
18. 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.
19. IMMIGRATION
Legal Counsel 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.
09-2355.001/Carpenter Rotham Amement 2014.doe 7 of 9
20. 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 nonprevailing party.
21. SU-RVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
23. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully for any injuries or damages to City in the event that such authority or
power is not, in fact, held by the signatory or is withdrawn.
24. 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
09-2355.001/Carpenter Rothans Ageement 2014.doe 8 of 9
Agreement. This Agreement, and the attached exhibit, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
CARPENTER, ROTHANS & DUMONT CITY OF HUNTINGTON BEACH,
_ ,, a;municipal corporation of the State of
By: Californ'
4SWQC14
print name
ITS: (circle one) Chairman/PresidentNice President / r" Cityrn Attoe
Partner / Member ) § y
AND Date ' ' 4
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary — Treasurer / Partner / Member
AO Rnth"n.- :1o.PA,,,P.,t 7(lld ,Inr 9 of 4
Payment Schedule (Hourly Payment -Legal)
A. Hourly Rate
LEGAL COUNSEL'S -fees for such services shall be based upon the following hourly rate and
cost schedule:
$180.00 per hour
B. Travel
1. Charges for time during travel to and from Huntington Beach City Hall is not
reimbursable. All other travel time is billable at the hourly rate, except that time for
travel to and from Court or for deposition within Orange County may not exceed 45
minutes each way.
2. Automobile expenses for travel are limited to the IRS standard business mileage rate,
which is $0.50 per mile as of the effective date of this Agreement.
C. Billin
1. All billing shall be done monthly 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. LEGAL COUNSEL 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 amount billed on the proceeding or assignment
from the date of the assignment through the date of the invoice. That total should
provide, at a glance, the total fees and costs incurred to date for the case or matter.
3. Ordinary copy, telephone, cellular phone, postage and similar expenses are not
recoverable. A copy of all service bills/costs should accompany the billing for each
single item that exceeds Seventy -Five Dollars ($75.00).
4. CITY will not pay for secretarial time or overtime, word processing charges, electronic
research or other routine costs of operating a law office.
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; LEGAL
COUNSEL should respond without charging CITY for the time required.
6. CITY appreciates when LEGAL COUNSEL has researched an issue previously and
uses that research on the present case. CITY has retained LEGAL COUNSEL because
of its past experience. LEGAL COUNSEL shall not charge CITY for work it has done
and billed another client for in the past.
EXHIBIT B
Scope of Work
A. Scope of Work:
Legal Counsel shall provide legal services to the City of Huntington Beach in police and non -police
tort defense matters.
RESPONSE TO REQUEST FOR LEGAL COUNSEL PROPOSAL'S
CARPENTER, ROTHANS & DUMONT
ATTN: Mark Rutter;-Esq.
utter Esq.
888 S. Figueroa Street, Suite 1960
Los Angeles, CA 90017
LIEBERT CASSIDY WHITMORE
ATTN: Melanie Poturica, Esq.
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
FERGUSON, PRAET
ATTN: Peter J. Ferguson
1631 East 18th Street
Santa Ana, CA 92705-7101
GIBBS GIDEN, et al.
1880 Century Park East, 12th Floor
Los Angeles, CA 90067
PYKA LENHARDT SCHNAIDER ZELL
837 North Ross Street
Santa Ana, CA 92702-1558
June2013
GREINES MARTIN STEIN & RICHLAND
ATTN: Allison Turner, Esq.
5900 Wilshire Boulevard, 121h Floor
Los Angeles CA 90036
KANE, BALLMER & BERKMAN
ATTN: Murray O. Kane, Esq.
515 South Figueroa Street, Suite 1850
Los Angeles, CA 90071
WOODRUFF SPRADLIN & SMART
Attn: Managing Partner
555 Anton Blvd #1200
Costa Mesa, CA 92626
ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
12800 Center Court Drive, Suite 200
Cerritos, CA 90703
Firm Name
Land Use
Advisory &
Defense
Public Works &
Construction
Personnel &
Labor
Redevelopment
Public Finance,
Taxes & Fees
ATKINSON,
Partners-
Partners-
Partners-
Partners-
Partners-
ANDELSON,
$295/hr
$295/hr
$295/hr
$295/hr
$295/hr
LOYA, RUUD &
Sr. Associates-
Sr. Associates-
Sr. Associates-
Sr. Associates-
Sr. Associates-
ROMO
$250
$250
$250
$250
$250
12800 Center
Associates-
Associates-
Associates-
Associates-
Associates -
Court Drive, Suite
$200-$230
$200-$230
$200-$230
$200-$230
$200-$230
200
Paralegal-
Paralegal-
Paralegal-
Paralegal-
Paralegal -
Cerritos, CA
$150/hr
$150/hr
$150/hr
$150/hr
$150/hr
90703
Extraordinary
Extraordinary
Extraordinary
Extraordinary
Extraordinary
Hourly Rates:
Hourly Rates:
Hourly Rates:
Hourly Rates:
Hourly Rates:
Investigation Svs
Investigation Svs
Investigation Svs
Investigation Svs
Investigation Svs
& Reports
& Reports
& Reports
& Reports
& Reports
$275/hr
$275/hr
$275/hr
$275/hr
$275/hr
Testimony in
Testimony in
Testimony in
Testimony in
Testimony in
Deposition &
Deposition &
Deposition &
Deposition &
Deposition &
Trials
Trials
Trials
Trials
Trials
$275/hr
$275/hr
$275/hr
$275/hr
$275/hr
Admin Support
Admin Support
Admin Support
Admin Support
Admin Support
for Investigators
for Investigators
for Investigators
for Investigators
for Investigators
$50/hr
$50/hr
$50/hr
$50/hr
$50/hr
Firm Name
Land Use
Public Works &
Personnel &
Redevelopment
Public Finance,
Advisory &
Construction
Labor
Taxes & Fees
Defense
COLANTUONO
Advisory- std.
Advisory- std.
Advisory- std.
Advisory- std.
Advisory- std.
& LEVIN, PC
hourly rates
hourly rates
hourly rates
hourly rates
hourly rates
11364 Pleasant
$175-$325/hr
$175-$325/hr
$175-$325/hr
$175-$325/hr
$175-$325/hr
Valley Road
Litigation - same
Litigation - same
Litigation - same
Litigation - same
Litigation - same
Penn Valley, CA
rates capped at
rates capped at
rates capped at
rates capped at
rates capped at
95946
$350/hr
$350/hr
$350/hr
$350/hr
$350/hr
Legal Assts.-
Legal Assts.-
Legal Assts.-
Legal Assts.-
Legal Assts.-
$13 0/hr
$13 0/hr
$13 0/hr
$13 0/hr
$13 0/hr
Paralegal-
Paralegal-
Paralegal-
Paralegal-
Paralegal-
$145/hr
$145/hr
$145/hr
$145/hr
$145/hr
GIBBS GIDEN,
Senior Partner-
Senior Partner -
et al.
$290/hr
$290/hr
1880 Century
Partners -
Partners -
Park East, 12th
$270/hr
$270/hr
Floor
Other Partners-
Other Partners -
Los Angeles, CA
$225-$290
$225-$290
90067
Associates-
Associates-
$165-$220
$165-$220
Paralegals
Paralegals
$105-$160/hr
$105-$160/hr
GREINES
Appellate Law
MARTIN STEIN
& RICHLAND
Partners-
ATTN: Allison
$325/hr
Turner, Esq.
Associates-
5900 Wilshire
$275/hr
Boulevard, 12th
Law Clerk -
Floor
$65/hr
Los Angeles CA
Paralegal-
90036
$95/hr
FERGUSON,
Public Safety
PRAET
(Police)
ATTN: Peter J.
Litigation
Ferguson
1631 East 18th
Attorney fees -
Street
$210/hr
Santa Ana, CA
92705-7101
KANE,
Sr. Principal-
Sr. Principal-
Sr. Principal-
Sr. Principal-
BALLMER &
$200/hr
$200/hr
$200/hr
$200/hr
BERKMAN
Of Counsel-
Of Counsel-
Of Counsel-
Of Counsel-
ATTN: Murray
$200/hr
$200/hr
$200/hr
$200/hr
O. Kane, Esq.
Principal-
Principal-
Principal-
Principal-
515 South
$200/hr
$200/hr
$200/hr
$200/hr
Figueroa Street,
Sr. Counsel-
Sr. Counsel-
Sr. Counsel-
Sr. Counsel -
Suite 1850
$200/hr
$200/hr
$200/hr
$200/hr
Los Angeles, CA
Sr. Associate-
Sr. Associate-
Sr. Associate-
Sr. Associate-
90071
$170/hr
$170/hr
$170/hr
$170/hr
Associate-
Associate-
Associate-
Associate-
Firm Name
Land Use
Public Works &
Personnel &
Redevelopment
Public Finance,
Advisory &
Construction
Labor
Taxes & Fees
Defense
$145/hr
$145/hr
$145/hr
$145/hr
Paralegal-
Paralegal-
Paralegal-
Paralegal-
$85/hr
$85/hr
$85/hr
$85/hr
Case Clerk-
Case Clerk-
Case Clerk-
Case Clerk-
$65/hr
$65/hr
$65/hr
$65/hr
PYKA
Police and
LENHARDT
Non -Police tort
SCHNAIDER
defense
ZELL
837 North Ross
Attorney -
Street
$200/hr
Santa Ana, CA
92702-155 8
CARPENTER,
Police and
ROTHANS &
Non -Police tort
DUMONT
defense
888 S. Figueroa
St., Ste 1960
Attorney -
Los Angeles, CA
$180/hr
90017
AAMRD, CERTIFICATE OF LIABILITY INSURANCE
MIDDlYn
izii8/2013
PRODUCER 310. 393 . 9477 FAX 310. 393 .7196
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
White & Company Insurance Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 70
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Monica, CA 90406-0070
Maribel Sosa--_-_...---—_----.----- . --
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Carpenter, Rothans & Dumont
INSURERA: Sentinel Ins Company LTD
11000
988 S. Figueroa St. #1960
INSURERB: Republic Ind Co of America
Los Angeles, CA 90017
INSURER C:
-- - -- --- --- -- —
INSURER D:
INSURER E:
LIU V Mr-W4Uc0
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY 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, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADD1
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
GENERAL LIABILITY
72SBADZ5095
OZ/11/2013
02/11/2014
EACH OCCURRENCE
$ 1,000,00
DAMAG AGO REN^ �D
$ 1, 000 QQ
)( COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$ 10,00(
CLAIMS MADE - i OCCUR
PERSONAL & ADV INJURY
$ 1,000,00(
A
;
GENERAL AGGREGATE
$ 2, on, 00
GEN'L AGGREGATE LIMIT APPLIES PER:
PI «ODUC?S - CL3N ~,;OP AGG I
$ Z . QQO !QQQ
X POLICY 7 jECOT LOC
AUTOMOBILE
LIABILITY
72SBADZ5095
02/11/2013
02/11/2014
COMBINED SINGLE LIMIT
$
ANY AUTO
(Ea acciderttj
1,000,000
BODILY INJURY
$
ALL OWNED AUTOS
(Per person)
A
SCHEDULED AUTOS
X.
HIRED AUTOS
BODILY INJURY
$
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
X
NO OWNED AUTOS
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS/UMBRELLA. LIABILITY
7ZSBADZ5095
02/11/2013
02/11/2014
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
X OCCUR CLAIMS MADE
$
A
Is
DEDUCTIBLE
$
X RET EENTION $ 10 , 00
WORKERS COMPENSATION AND
16190910
05/09/2013
05/09/Z014
XITORYUM I WCSTATU- C H-
E.L. EACH ACCIDENT
$ 1,000,00C
EMPLOYERS' LIABILITY
B
ANY PROPMETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L DISEASE - EA EMPLOYEE
$ 1,000,00(
E-L DISEASE - POLICY LIMIT
$ 1,000.000
If ys, describe under
SPECIAL PROVISIONS below
OTHER
i
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ity of Newport Beach, its selected or appointed Officers, Agents, Officials, Employees and Volunteers
re included as Additional Insured as respects General Liability as required by written contract
ncluding waiver of subrogation per policy form SS0008 04 05 attached.
Except 10 days notice of cancellation for non payment of premium.
City of Huntington Beach
Attn: Risk Management
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30^ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER., ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Maribel Sosa/MS1
ACORD 25 (2001 /OS) OACORD CORPORATION 1986
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
LAW OFFICES OF
CA"ENTER, RO'THANS & DUMONT
888 S. FIGUEROA STREET
MARTIN L. CARPENTER SUITE 1960
STEVEN J. ROTHANS Los ANGELES, CALIFORNIA 90017
LOUTS R. DUMONT
MARK D. RUTTER ELEPHONE (213) 228-0400
DAVID G. TORRES-SIEGRIST FACSIMILE (213) 228-0401
.TILL WILLIAMS
JUSTIN READE SARNO Ph
JONATHAN D.REDFORD
DANIELLE C.FOSTER January 6, 2014
SARAH MOE JA N 1 p 20 1 4 j
of >ii.m toil 0W.4h
Ms. Jennifer McGrath
Office of City Attorney 4
P.O. Box 190
2000 Main Street
Huntington Beach, CA 92648
Re: Legal Services Contract
Dear Jennifer,
Thank you for including our firm on the City's panel of conflict attorneys.
Attached please find a signed contract for the firm to provide legal services to the City of
Huntington Beach along with the insurance certificate.
Best wishes for the New Year.
Sincerely,
Mark D. Rutter
,s.
� „ : CITY OF HUNTINGTON.EACH
Professional Service Approval Form RECEIVED
PART l
JAN 23 2014
Date: 1/21/2014 Project Manager Name: Neal Moore Finance Department
Requested by Name if different from Project Manager: Jennifer McGrath
Department: City Attorney
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
To assist the City Attorney's Office in defense of police tort and non -tort litigation matters.
2) Estimated cost of the services being sought: $ 49,000.
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
_. If no, please explain:
4) Check below how the services will be obtained:
® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the_aRewpr to this uestion is "No," the contract will require approval from the
City Council.) ,// Yes ❑ No
6)
Fiscal
gnature
/— 23—/y
Date
Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(PleaseRote that a budget check will occur at the object code level):
((���13�
100 101.66-38 $ 49,000. $
rtment Signature(8-)
or QWinanc`es, Signature
``Deputy City Manager's Signature
APPROVEDe�'/P� DIED ❑
Manager's Signature
L"... W01 I
< Date
Date
l�ZI—,/y
Date
Date
1-z� a
Date
��,v1✓ is CITY
� .•� , �
• >¢. q. _, -BEACH
( F
Professional
���, - _ �; Service
Approval Form
LAC p4^�
Date: 1/23/2014 Project Manager: Neal Moore
Requested by Name if different from Project Manager: Jennifer McGrath
Department: City Attorney
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST
BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: CARPENTER, ROTHANS & DUMONT
2) Contract Number: ATY
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $49,000
Account number
Contractual Dollar Amount
Business unit. object #
Year 1(estimate)
Year 2 (estimate)
Year 3(estimate)
10 101.69380
$16,000
$16,000
$17,000
�t
$
$
$
4) Is this contract less than $50,000? ® Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) 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 the contract.)
7) Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
8) Attach a list of consultants from whom proposals were requested (including a contact telephone
number.)
9). Attach Exhibit A, which describes the prQpesed-scepe�-ktN'J\-k- C`-
10) Attach Exhibit B, which des ibes the payment-terms-ofthe-een#act.-
5
Fiscal S ices Man er (Purchasing) Date
Budget Manager Approval Signature
Directo nce r designee) Signature
Date
Date
professional service approval form - part ii.doc
REV: December /2013