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HomeMy WebLinkAboutDiehl, Evans & Company, LLP - 2009-01-21To: JOAN FLYNN, City Clerk Name of Contractor: Diehl, Evans & Company, LLP Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Payroll Audit Services Amount of Contract: $8,900.00 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management [IInitiating Dept. ❑ �'' Finance Dept_ [ ORIGINAL bonds sent to Treasurer ❑ i I W,- Nan�e/Extens6n City Attorney's Office G:AttyMisc"Contract Fomis/City Clerk Transmittal Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DIEHL, EVANS & COMPANY, LLP FOR PAYROLL AUDIT SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor., ....... I ....... 11 ..... I ............................................................ --.6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials ..................................................................................7 Notices.................................................................... ..................... Consent....................................................................................................................8 Modification............................................................:................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 AttorneysFees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety........................................................................................... I ..........................10 EffectiveDate.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DIEHL, EVANS & COMPANY, LLP FOR PAYROLL AUDIT 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 Diehl, Evans & Company, LLP , a limited liability partnership hereinafter referred to as "CONSULTANT." WHEREAS. CITY desires to engage the services of a consultant to provide payroll audit 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 Nitin P. Patel who shall represent it and be its sole contact and agent in all consultations. with CITY during the performance of this Agreement. agree/surfneUprofessional sves to $49 12-07 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on =� , 200_1_ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Eight Thousand Nine Hundred Dollars ($ 8,900.00 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 agreelsurfnetlprofessional sves to $49 12-07 7 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. b. 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 (or alleged 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 agree/surfnet/protessional Svcs to $49 1 z-07 3 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. If CONSULTANT 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 agree/surfne7/professional Svcs to $49 12-07 4 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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; 13. 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. agree/surfnet/professional sves to $49 12-07 5 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. 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. agree(surfnet/professional sves to $49 !2-07 6 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. 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: TO CONSULTANT: City of Huntington Beach Diehl, Evans & Company, LLP ATTN: Robert Sedlak, Accounting Manager Attn: Nitin P. Patel 2000 Main Street 2121 Alton Parkway, Ste 100 Huntington Beach, CA 92648 Irvine, CA 92606-4956 agreelsurfnet/professional sves to $49 12-07 7 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 writing and duty executed by both parties. 19. SECTION 14EADINGS 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 agree/surfnet/professionat svcs to $49 12-07 ti 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, taw, 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 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. agreelsarfnedprofessional svcs to $49 12_p7 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 entittedqb recover its attorney's fees from the nonprevailing 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. 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. CONSULTANT's initials V ' 28. 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 agreetsurfnet/professiona) sues to $49 12-07 10 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29. EFFECTIVE DA IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, Diehl, Evans and Company, LLP COMPANY NAME print name IX• i . c _ _ _ `+ice _ _ rn: �h�a5ew.t�fi- AND By -.- print name — r / la ivQ°C�r p7� CO"1Z�V��+�+5 SQr^vi C41 agreetsurfnet/professional Svcs to $49 t 2-07 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (Pursuant To HBMC §3. 03_ 100) APPROVED AS TO FORM: A ' G 9 City Attorney l��Cfi Date ` - 07 � .s s. i0. >♦s 1 � A. STATEMENT OF WORK: CONSULTANT shall review internal control policies and procedures specific to payroll functions. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT shall review internal control policies and procedures specific to the payroll function by performing the following tasks: I. Review City -prepared manuals, memorandums, narratives, letters or other documents setting forth the City's payroll policies and procedures. 2. Analyze procedures for internal control weaknesses and for the segregation of duties related to payroll. 3. Randomly select 25 payroll transactions within the period of July 1, 2007 through June 30, 2008 and test the City's compliance with the internal control policies and procedures governing payroll transactions. 4. Prepare a report of City of Huntington Beach procedures and findings. 5. Provide recommendations to improve the policies and procedures governing payroll. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY staff shall provide normal cooperation and allow CONSULTANT access to City - prepared manuals, memorandums, narratives. letters or other documents with regard to the City's payroll policies and procedures. D. WORK PROGRAMXROJECT SCIIEDULE: CONSULTANT shall complete all work on this assignment within 30 days of commencement of field work specific to this project. jmp/contracts grouplexAA 1/7108 EX141BIT 1113" 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: Total fees shall not exceed Eight Thousand Nine Hundred Dollars ($8,900.00). CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). Hourly Rates for services that may be requested outside the scope of the audits: Partner $175 _ Director of Consulting Services $175 Managers $149 Senior Accountants $98 Staff Accountants $88 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. 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 pup/contracts group/esB-1/1 U7/03 I EXHIBIT B Alternative 41 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. 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. jmplcontracts group/exB-1(1117M 2 EXHIBIT B Alternative ##1 2/3/2005 DIEHL, EVANS AND COMPANY, LLP PARTNERSHIP AGREEMENT This Agreement is made and entered into by and between: P_H_ Holtkamp Accountancy Corp. Thomas M. Perlowski CPA, APC Michael R. Ludin, CPA Harvey J. Schroeder, CPA, APC Craig W. Spraker, CPA Nitin P. Patel, CPA Robert J. Callanan, CPA hereinafter referred to as the Partners. Each of the parties is licensed as a Certified Public Accountant under the laws of the State of California. The Partners have been engaged in the practice of public accounting at various locations in the State of California, as a partnership under the firm name of DIEHL, EVANS & COMPANY, LLP. They now desire to amend and restate the terms and conditions of the Partnership Agreement dated November 29, 1990, as previously amended. The parties to this Agreement agree to continue their Partnership in accordance with the laws of the State of California, and therefore agree as follows: ARTICLE I — GENERAL: Section 1. — The purpose and business of the Partnership shall be the practice of public accounting and such further activities as may be incident thereto. Section 2. --- The term of the Partnership shall continue from the effective date of this Agreement until terminated in accordance with the provisions of this Agreement or otherwise legally terminated. The separation of a Partner, whether by reason of death, withdrawal, termination, disability, bankruptcy, retirement or other reason, shall not terminate or dissolve this Partnership. . Section 3. — At the inception of this Agreement, some of the Partners are corporate entities. This Agreement has been written to allow for individual or corporate Partners. Where the context of the Agreement requires, the term "Partner" shall be construed to mean the individual or corporation M:AOTHMPartnership Agreement Finat.doc Page I of 14 r uy its INSURANCE AND INDEMNIFICATIONWAIVER 3iun6 ' ach , MODIFICATION REQUEST 1. Requested by: Robert Sedlak NOV 18 2008 2. Date: November 10, 2008 3. Name of contractor/permittee: Diehl Evans & Company city of HI-intincgtol) B`a`� ` City Attorney',, Off ico 4. Description of work to be performed: Payroll Audit Services 5. Value and length of contract: $8,900.001one year 6. Waiver/modification request: See Summary of Waiver Requests approved in March 2007 7. Reason for request and why it should be granted: Reasons are included in the summary 8. Identify the risks to the City in approving this waiver/modification: Minimal ky /)Der)a'rtment Head Signature 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. Rii k Management ` Approved El Denied Signature Date 2. City Attorney's Office Approved ❑ Denie Sign t e 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 Diehl Evans Ins Waiver 11/10/2008 7:29:00 AM I T Z)UKANUt i 10 2 2008 1RODUCER IIITHIS CERTIFICATEAS ISSUED AS A; MATTER OF INFORMATION NAPLIA ONLY AND CONFERS NO RIGHTS . UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE DOES NOT .AMEND, EXTEND OR 5 Whittier Street 4th Floor ALTER THE :COVERAGE AFFORDED "BY THE POLICIES BELOW. Framingham, Ma. 0,1701 508 656-1300 INSURERS AFFORDINGCOVERAGE NAICW NSURE INSURER A, Lexington Insurance Cb-IAIG 14437 . Diehl, Evans Fc Co., LLP INSURER 6: 5 corporate Park, Suite' 100 INSURERC: Irvine, GA 92606 INSURER Di INSURER Ei THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE'rOR THE POLICY PERIOD INDICATED. NQTwfTHS`TANOING ANY REQUIREMENT, TERM OR. CONDITIOWOF ANY CONTRACT OR OTHER DOCUMENT ,WITH RESPECT TOWHICH 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 JIEDUCEO BX PAIDCLAIMS- SA TR DL NSRD .TYPE OF INSURANCE POLICY, NUMBER POLICY 'EFFECTIVE DATE MhA/DDlY1' POLICYE)tPIRATION DATF_ nnMipDr7V - LIMITS GENERALLIABILITY--EACH COMMERCIAL GENERAL LIABILITY -CLAIMSMADE El OCCUR f3C RRENCE i UAMA PREMISES otrurer ce S MED:EXP(Any one Pe(smi)- -$ PERSONAL& ADV INJURY 'S GENERALAGGREGATE5 GEN'L AGGREGATE LIMIT APPLIES:PER: POLICY PRO- . JECT LOC PRODUCTS-COMPJOPAGG .$ AUTOMOBILELIABILITY ANY AUTO ALL :OWNED AUTOS SCHEDULEOAUTOS HIREDAUTOS NON-OWNEOAUTOS COMBINED SINGLE LIMIT (Ea:aCciderif I �. BODILY INJURY- (per Person), S" - BOOILYINJURY-- {Pe'acadent} -- S- PROPERTY DAMAGE -(PeEaccident) $ .GARAGE LIAI31L ( ANYAUTO HER O McGRJ'*- AUTQONLY--.EA'AGODENT $ OTHER THAN EAACC� 'AUTOONLY: .AGG S _ $ EXCESS(UMBRELLA LIABILITY OCCUR CI CLAIMS MADE -DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE S g ;$ $ WORKERS COMPENSATIONAND EMPLOYERS'LIABlLITY- AW PA0PRiETORMARTkERPEx CUTE: OFFIGERIMMER EXCUi&EQ7- ... ifyyes;des"006udder SPCG1UROVISiONS_be�ow STATU-.: OTH--- 7{) GRYLIMFLS ER. - E:L.EACH:ACCIbI�NT - $-. _ Et. .DISEA5E--.FJ\�fMPLOXE - ..$. E;LDISEASE-QOLICYLfM11 S OTHER Professional Liability 000334008 10/1/Q8 10/1/09 "Per Claimc `$3,00:0,000 Aggregates $3,060,600 Deductible: $501:000. SCRIPTION OF OPERATIONS t LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROViS10NS - City of Huntington Beach Attn: Finance Dept. 2000 Main Street Huntington. Beach, CA 92648-2702 I SHOULD ANY -OF THE ABOVE DESCRIBED: POLICIES RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF; THE ISSUING. INSURER WILL ENDEAVOR TO MAILS 0 DAYS WRITTEN - NOTICE TO THE- CERTIFICATEHOLDERNAMED -TO THE LEFT. -BUT-FAILURE:TO-DD SO -SHALL IMPOSE NOOBLIGATIONOR LIABILITY OF Af Y- KIND_ UPON THE INSURER, ITS AGENTS OR ORD2S(2001108) l " OACORD CORPORATION 1988 Diehl, Evans & Company Su><umary of Waiver Requests Contract Exceptions: Section 8 — Hold Harmless Request: Diehl, Evans & Company requests deletion of the following statement in the first sentence: "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 C,ITYshall approve selection ofCONSULTANT's counsel. " Reason: The phrase "sole negligence or willful misconduction" appears to shield the City from any liability if City official or employees were "partially" (but not solely) negligent, or where the City was involved in misconduct, althought "not willful". The firm does not customarily sign such agreements. Insurance Waivers: Section 9; Professional LiabiliCy Insurance Request: Diehl, Evans & Company requests deletion of the following two sentences: "The above mentioned insurance shall not contained a self -insured retention, "deductible " or any other similar form of limitation on the required coverage except with the express wrlten consent of the CITY. " CONSULTANT shall not fy CITY of circumstances or incidents that might give rise to future claims. Reason: The firm's insurance coverage for professional liability is $3,000,000 per claim/$3,000,000 aggregate with a $50,000 deductible (see attached for a letter from Diehl, Evans & Company). Diehl Evans Waiver t of 1 2/28/2007 Professional Service Contracts Purchasing Certification 1. Date: Ill212009 2. Contract Number: FIN UVAG 000 3. Department: Finance 4. Requested by: Robert Sedlak 5. Name of consultant: Diehl, Evans & Company 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. Payroll audit services. 7. Amount of the contract: $8,900.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted. 10035205.69365 11. Is this contract less than $50,000? M Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. 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.) 14. Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). 16. Attach proposed scope of work. 17. Attach proposed payment schedule. f- �t_ artment Head Signature �' Rl HARD AMADRI Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council.