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HomeMy WebLinkAboutDiehl, Evans & Company, LLP - 2009-09-03Dame of Contractor: Diehl, Evans & Company, LLP Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park As -Needed Agreed Upon Procedures Review Amount of Contract: $10,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed t Initiating Dept. ❑ o Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Na a/Ext nsion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal -;,j 00 03""^,10() 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 AS -NEEDED AGREED UPON PROCEDURES REVIEW Table of Contents Scopeof Services.....................................................................................................1 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 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials ..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DIEHL, EVANS & COMPANY, LLP FOR AS -NEEDED AGREED UPON PROCEDURES REVIEW 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 agreed upon procedures review services on as -needed basis ; 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/surtnet/professional Svcs 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 Z_ commence on 12001 (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 three years 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ten Thousand Dollars (S_ 10,000.00 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 agree/surfnet/professionalsvcs to $49 12-07 2 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. 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 (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/professional secs to $49 ]2-07 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 (SI,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/sm Pnct/profcssional svcs to $49 ,2-07 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; 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. 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/professionalsvcs to S49 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 Svcs to $49 12-07 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: City of Huntington Beach ATTN: Robert Sedlak, Accounting Manager 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/professional Svcs to $49 . 12-07 7 TO CONSULTANT: Diehl, Evans & Company, LLP Attn: William S. Morgan, CPA 5 Corporate Parkway, Ste 100 Irvine, CA 92606-5165 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 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 agree/suribet/professional secs to S49 12-07 8 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professionalsvcsto $49 12-07 9 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the 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 atsignatory or is withdrawn. CONSULTANT's initials �'- � , ��` 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 agree/surfnet/professional sves 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 DATE 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 By: I'J '�- (+1 --1 14 � Imo' e___tC- pnnt name ITS: (curl rr�Presidtrt4F�ie��esi�t AND By: AA print name ITS: ne ecre a P 1', e-C-4—o, 0 r-- (v 'b 1 v) T t5 _s--e I.-v 1`'Le.J agree/surfnet/professional svcs to $49 12-07 1 1 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Finance Director/Chief (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: City Attorney Date EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide agreed -upon procedures review for the City of Huntington Beach on an as -needed basis during the term of the contract. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The CONSULTANT's duties and responsibilities shall include but is not limited to the following: 1. CONSULTANT will perform agreed upon procedures engagements in accordance with the standards issued by the American Institute of Certified Public Accountants (A1CPA). 2. CONSULTANT will request that knowledgeable personnel in the department prepare a narrative that describes key elements of the program evaluated. CONSULTANT will then interview these key personnel regarding the operation of the program since inception. 3. CONSULTANT will issue a written report of findings and recommendations. 4. Each assignment shall be completed within 30 days of the beginning of field work. C. CITY'S DUTIES AND RESPONSIBILITIES: City authorized staff is responsible for identifying the agreed -upon procedures. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. jmp/contracts group/cxA/8/13/09 I of I EXHIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Partner $175 Director of Consulting Services $175 Managers $149 Senior Accountants $98 Staff Accountants $88 Total contract limit shall not exceed Ten Thousand Dollars ($I0,000.00). CONSULTANT 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). B. Travel. Charges for time during travel are not reimbursable C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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 monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Suffnet Exhibit B hourly Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 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. Surfnet Exhibit B hourly 2 I/ su ,i INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST i lunrn§t, ,;Beach � R E C E V Ef D) 1. Requested by: Robert Sedlak AUG 1 9 2009 2. Date: August 17, 2009 City of Huntington Beac,i 3. Name of contractor/permittee: Diehl, Evans & Company City Attorney's Office 4. Description of work to be performed: As -Needed Agreed Upon Procedures Review 5. Value and length of contract: $10,000/three year 6. Waiver/modification request: See Summary of Waiver Requests approved in March 2009 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 I 6/ 7% Department 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 Admini tor's Office i my required if Risk Managemenf and the City Attorn O dis r 1 Ri k Management Approved ❑ Denied ign re to 2. City Attorney's Office .proved El Denied Signature Date it 3. City Administrators O ❑ Approved ❑Denied Signature Date If approved, the completed waiver/modification request is to be submittedao 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 I �I r°lii` — JI Diehl Evans Ins Waiver_Agreed Upon Procedures 8/17/2009 2:20:00 PM Diehi, Evans & Com an Summary of Waiver Recmests Contract Exceptions: Section 8 — Hold Harmless Request: Diehl, Evans & Company requests deletion of the following statement in the fast sentence; "except such loss or damage which was caused by the sole negligence or wild misconduct of CITY, CONSULTANT will conduct all defense at its sole cost and expense and CF7shall 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 Lsiabift 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 !Imitation on the required coverage except with the express wrlten consent of the CITY. " CONSULTANT sholl noli� 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 claiml$3,000,000 aggregate with a $50,000 deductible (see attached for a letter from Diehl, Evans & Company). Diehl Evans Waiver t of 1 21Z8i2QQ7 I MZJ U KA N U t' THIS CEATFICA I TE,SSIS 1. § . t) I EID.AS, . A MATTER OF INFORM-kRON glPLIA ONLY l�AND WAFS' NO R G TS .UPbN TJlE CERTIFI CATE ICATE HOLDM THIS btfllirlOATE DOrt t4btAmbNb,ExT No ok WhkttiEt street tth Floor ALTER TWboV8kXQt AFFaRwD EY THE~ POLICIES eF_low, Pram-i 4a t0,8 NSUREo Dl,ehl Evam s &- Co. r LUV TtVd�gel, CA- 0:' W UID- S UtkW6e. L — '.:­ I . POLICYEFFEOTTVE AMAFkVbDlff" --I COW*RCIAL GE!,e F.M*_PABt["'-' ) r ES OWL AGGREfiATE-LIWAFIVU -.'PEO. Jq 6LYTOMMIUEIIAWLf AN�AoTb *J*ikDAUT0S N,0V4NEDAUTAJS qP4 !TD WWJIMIT Y (POii 0A - S -dA ANY{iUTOEAAC J MOGRA WA4 Ellz"MAM 'AUrnrlkLY; - "WSWMBPX" I)AMMY ED -_-ack -0=- �R�aE s WbfZKAND r g.'EmptQyW5� 4VYA si, oYrtE Or. o fe allonal _1_0 ';L V-6it ZIA .4 A l5ipduatih e - SCMPT40POP-9PERA'rJONS-/ LOMXJONSIVVEEFNC, City of - Hutbinlqtoil Beach Attn, Finance Dep--, ,20:Uo Main Street Huntington Beach, CA 92.6,4:8-2702 sk(Ako "_0 THEABWEVESCRIMOPOLICIES BE GAGELLED:t3 THEEXPIRAWN IIA# THE . KQFjl(HE 115SUINGANSURM WILL ILL ER . DEASTO-MNO'Cl 04YS WRn-rEN, NOTICE TO 7W CERWIGATE AAM D TO THE LEFT,.eLJT FAUJJRE TO DO:SO,§H;(LL IMPIDSE NO UBLIG4jjbj4 0 LIABIQTY OF- AqY--KIND.UPON THE! INSURER„ITS A'WHT'_§ OF . j Page 1 of 1 Lockhart, Janet From: Bill Morgan [BillM@diehlevans.com] Sent: Monday, August 17, 2009 8:57 AM To: Lockhart, Janet Cc: Sedlak, Robert; Wingenroth, Bob; Nitin Patel Subject: RE: City of Huntington Beach Agreement for Agreed Upon Procedures Review Yes, please prepare the same Insurance Waiver Package that we had on the last contract. Bill Morgan From: Lockhart, Janet [mailto:]Lockhart@surfcity-hb.org] Sent: Friday, August 14, 2009 7:52 AM To: Bill Morgan Cc: Sedlak, Robert Subject: City of Huntington Beach Agreement for Agreed Upon Procedures Review Hi Bill, Attached is the professional services agreement for the As -Needed Agreed Upon Procedures Review Services. Please review the attached agreement, initial page 10 and sign page 11. Based on the last agreement, you and Nitin Patel were the authorized signers. You can do the same for this agreement. I am also attaching the insurance waiver package that belongs to the Franchise Audit agreement. Did you want us to prepare the same waiver package for this agreement? If so, please let me know so I can begin this waiver process immediately. If you have any question, feel free to call me at 714-536-5506. Thanks. Janet Lockhart Senior Administrative Analyst City of Huntington Beach - Central Services Division Phone: 714-536-5500 FAX: 714-374-1530 8/ 17/2009 s4 i INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION Epp, �gp REQUEST C Ei VE 1. Requested by: Robert Sedlak MAR 0 5 2009 2. Date: March 4, 2009 City of Huntington Beach 3. Name of contractor/permittee: Diehl. Evans & Company city Attorney's office 4. Description of work to be performed: Cable N Franchise Audit Svc 5. Value and length of contract: $32,000/one year 6. Waiver/modification request: See Summary of Waiver Requests approved in Nov 2008 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 -zx/ Department Head Signature Da e: 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 Managemenj-apd#he City Attorn y's Office disagree. 1\Rio Management Approved ❑ Denied Signature Date 2_ City Attorney's Office Approved El Denied Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Diehl Evans Ins Waiver 3/4/2005 8:58:00 ATA Page 1 of 2 Lockhart, Janet From: Bill Morgan [BiIIM@diehlevans.coml Sent: Wednesday, March 04, 2009 9:04 AM To: Lockhart, Janet Cc: Amadril, Rick; Sedlak, Robert; Nitin Patel; jrisk@csgaudits.com; Villella, Dan Subject: RE: Professional Services Agreement between City of Huntington Beach and Diehl,Evans & Company Dear Ms. Lockhart: By way of reminder, on our contracts with the City, we need the following amendments: 1. We need to execute an "Insurance and I ndemnification. Waiver Modification Request" with respect to the $ 50,000 deductible DE&CO has on our "Professional Liability" Policy. 2. We need a Waiver on the wording in Section 8 of the contract, whereby DE&CO will hold the City harmless except for losses caused by the "sole" negligence or misconduct of the City. When we receive these waivers, we will be able to finalize the contract. Also, since we are the current City auditors, and since we recently executed a separate contract to review the City's payroll controls, I assume you have current insurance certificates on file. Thank you, Bill Morgan From: Lockhart, Janet [mailto:JLockhart@surfcity-hb.org) Sent: Wednesday, March 04, 2009 8:29 AM To: Bill Morgan Cc: Amadrii, Rick; Sedlak, Robert Subject: Professional Services Agreement between City of Huntington Beach and Diehl,Evans & Company Enclosed is the Cable Television Franchise Audit `Services Agreement for your review and signatures. Upon completion of the following requirements, the agreement will be brought to the Finance Director for approval and execution: ♦ Services Agreement Signatures Initial and Sign the enclosed agreement. If the contractor is a corporation or a limited liability company (includes any non-profit corporation), two (2) officers of the corporation (on the Board of Directors) must sign the contract. One officer from column A and one officer from column B must sign A B Chairman of the Board Secretary President Any Assistant Secretary Any Vice President Chief Financial Officer Any Assistant Treasurer If the corporation cannot provide the above signatures, it may have one officer sign only if an authorizing resolution from the Board of Directors is also provided- 3/4/2009 Page 2 of 2 Please return the signed agreements and submit all necessary insurance documents to our office as soon as possible. If you have any question, feel free to call me at 714-536-5506. Janet Lockhart Senior Administrative Analyst City of Huntington Beach - Central Services Division Phone: 714-536-5506 FAX: 714-374-1530 3/4/2009 SU _its INSURANCE AND INDEMNIFICATION WAIVER. z MODIFICATION REQUEST EG f'(77D 1. Requested by: Robert Sedlak 2. Date: November 10, 2008��18 ��� 3. Name of contractor/permittee: Diehl, Evans & Company city of Huntington BeaC4 City Attorneys Offica 4. Description of work to be performed; Payroll Audit Services 5. Value and length of contract: $8.900.00/one 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 /j,Depa ment 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 an th City Attomey's Office disagree. 1. Ri k Management ' Approved ❑ Denied �� $ Signature Date 2. City Attore )kApproveLd[01enis sigligtbje 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 approvai. 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 Diehl Evans &c Cotn an Summary of Waiver Regnests. 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 will misconduct of CITY, CONSULTANT will conduct all defense at its sole cost and expense and CFY shall approve selection of CONSULTANT'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 firth does not customarily sign such agreements. Insurance Waivers: Section 9; Professional Liability Insurance Request: Diehl, Evans & Company requests deletion of the following two sentences: "The above mentioned Insurance shall hat contained a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express wrtten consent of the CITY. " CONSULTANT shall noti y 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 claiml$3,000,000 aggregate with a $50,000 deductible (see attached for a letter froiu Diehl, Evans & Company). Diehl Evans Waiver t of ! 2lZ8J1Qa7 ATTN:Janet Lockhart Report Printed:August 17, 2009 Live Report : DIEHL, EVANS & CO L.L.P. D-U-N-S@ Number: 03-060-2882 Trade Names: DIEHL EVANS Endorsement/Billing Reference: jlockhart@surfcity-hb.org D&B Address Address 5 Corporate Park Ste 100 Moved From: 2121 Alton Parkway Ste 100, Irvine, Ca Irvine,CA - 92606 Phone 949 399-0600 Fax 949-399-0610 i Company Summary Score Bar PAYDEX@ 78 Commercial Credit Score Class 1 Financial Stress Class 1 Credit Limit - D&B Conservative $25,000.00 D&B Rating 1R2 D&B 3-month PAYDEX@ 3-month D&B PAYDEX®: 78 (Lowest Risk: 100; Highest RiskA) When weighted by dollar amount, Payments to suppliers average 3 Days Beyond Terms D&B Company Overview This is a headquarters location Branch(es) or Division(s) exist Y Manager MICHAEL LUDIN, MNG PTNR Year Started 1925 Management Controll-I 1954 11, Employees 45 (27 Here) Financing SECURED SIC ....._ 8721 , 8748 Line of business Acctg/ auditing/ bookkeeping, bus consulting srvcs, tax return prepn srvcs. NAICS 541219 History Status. CLEAR Location Type Headquarters Web www.diehlevans.com D&B PAYDEX@ Added to Portfolio:05/09/2009 D&B PAYDEX®: %H (Lowest Risk: 100; Highest Risk: 1) When weighted by dollar amount, Payments to suppliers average 3 days beyond terms Public Filings The following data includes both open and closed filings found in D&B's database on this company. Record Type Number of Most Recent Records Filing Date.... Bankruptcies 0 Judgments 0 Liens 0 - Suits 0 UCC's 7 06/05/08 The public record items contained herein may have been paid, terminated, vacated or released prior to todays date. Financial Stress Score Class Financial Stress Score Class: (Lowest Risk: 1; Highest Risk:5) Low risk of severe financial stress over the next 12 months. I Commercial Credit Score Class Commercial Credit Score Class: (Lowest Risk:1; Highest Risk:5) Low risk of severe payment delinquency over next 12 months. Small Business Risk Insight Corporate Linkage Branches (Domestic) Company DIEHL; EVANS & CO L.L.P. DIEHL, EVANS & CO L.L.P. Predictive Scores Credit Capacity Summary This credit rating was assigned because of D&B's assessment of the company's financial ratios and its cash flow. For more information, see the " D&B Rating Key". D&B Rating : 1 R2 Number of employees: 1 R indicates 10 or more employees Composite credit appraisal: 2 is good The 1 R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1 R and 2R Ratings, the 2, 3, or 4 creditworthiness indicator is based on analysis by D&B of public filings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. Below is an overview of the company's rating history since 01-01-1991 Number of 45 (27 here) D&B Rating Date Applied Employees Total: 1 R2 03-16-2005 03-11-2004 1 R2 11-13-2001 1A1 03-27-2000 2A1 09-18-1998 1 R2 05-16-1997 06-07-1995 ER4 01-01-1991 Payment Activity: (based on 43 experiences) Average High Credit: $358 Highest Credit: $2,500 Total Highest Credit: $14,950 D&B Credit Limit Recommendation Conservative credit Limit $25,000 Aggressive credit Limit: $45,000 Risk category for this business : LOW This recommended Credit Limit is based on the company profile and on profiles of other companies with similarities in size, industry, and credit usage. Risk is assessed using D&Bs scoring methodology and is one factor used to create the recommended limits. See Help for details. Financial Stress Class Summary The Financial Stress Class Summary Model predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&Bs extensive data files. The Financial Stress Class of 1 for this company shows that firms with this classification had a failure rate of 1.2% (120 per 10,000), which is lower than the average of businesses in D & B's database Financial Stress Class: 1 (Lowest Risk:1; Highest Risk:5) Low risk of severe financial stress, such as bankruptcy, over the next 12 months. Incidence of Financial Stress: • Among Businesses with this Classification: 1.20 % (120 per 10000) • Average of Businesses in D&Bs database: 2.60 % ( 260 per 10000) • Financial Stress National Percentile : 99 (Highest Risk: 1; Lowest Risk: 100) • Financial Stress Score :&nbsp 1561 (Highest Risk: 1001; Lowest Risk: 1875) The Financial Stress Class of this business is based on the following factors: • No record of open suit(s), lien(s), or judgment(s) in the D & B files. • 10% of trade dollars indicate slow payment(s) are present. • Control age or date entered in D & B files indicates lower risk. Notes: • The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. • The Incidence of Financial Stress shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents the national failure rate and is provided for comparative purposes. • The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&Bs file. • The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. • All Financial Stress Class, Percentile, Score and Incidence statistics are based on sample data from 2004 Norms National % This Business 99 Region: PACIFIC 50 Industry: BUSINESS, LEGAL AND ENGINEERING SERVICES 52 Employee range: 20-99 80 Years in Business: 26+ 74 This Business has a Financial Stress Percentile that shows: Lower risk than other companies in the same region. Lower risk than other companies in the same industry. Lower risk than other companies in the same employee size range. Lower risk than other companies with a comparable number of years in business. Credit Score Class Summary The Credit Score class predicts the likelihood of a firm paying in a severely delinquent manner (90+ Days Past Terms) over the next twelve months. It was calculated using statistically valid models and the most recent payment information in D&Bs files. The Credit Score class of 1 for this company shows that 2.0% of firms with this classification paid one or more bills severely delinquent, which is lower than the average of businesses in D & B's database. Credit Score Class : 1 (Lowest Risk:1; Highest Risk:5) Low risk of severe payment delinquency over next 12 months. Incidence of Delinquent Payment • Among Companies with this Classification: 2.00 % • Average compared to businesses in D&B's database: 20.10 % • Credit Score Percentile : 98 (Highest Risk: 1; Lowest Risk: 100) • Credit Score : 578 (Highest Risk: 101; Lowest Risk:670) The Credit Score Class of this business is based on the following factors: • No record of open suit(s), lien(s), or judgment(s) in the D & B files. • Control age or date entered in D & B files indicates lower risk. Notes: • The Credit Score Class indicates that this firm shares some of the same business and payment characteristics of other companies with this classification. It does not mean the firm will necessarily experience delinquency. • The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighted sample. • The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all scorable companies in D&Bs files. o The Credit Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. o All Credit Class, Percentile, Score and Incidence statistics are based on sample data from 2004 Norms National This Business 98 Region: PACIFIC 52 Industry: BUSINESS, LEGAL AND ENGINEERING SERVICES 49 Employee range: 20-99 69 Years in Business: 26+ 79 This business has a Credit Score Percentile that shows: Lower risk than other companies in the same region. Lower risk than other companies in the same industry. Lower risk than other companies in the same employee size range. Lower risk than other companies with a comparable number of years in business. Trade Payments D&B PAYDEX® The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on payment experiences as reported to D&B by trader references. Learn more about the D&B PAYDEX Score Timeliness of historical payments for this company. Current PAYDEX is 78 Equal to 3 days beyond terms ( Pays more slowly than the average for its industry of generally within terms ) Industry Median is 80 Equal to generally within terms Payment Trend currently is 0 Unchanged, compared to payments three months ago Indications of slowness can be the result of dispute over merchandise, skipped invoices etc. Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Total payment Experiences in D&Bs File 43 Payments Within Terms (not dollar weighted) 95 % Trade Experiences with Slow or Negative Payments(%) 5.81 % Total Placed For Collection 0 Average High Credit $358 Largest High Credit $2,500 Highest Now Owing $2,500 Highest Past Due $500 D& PAYDEX®: 78 (Lowest Risk:100; Highest Risk:1) When weighted by dollar amount, payments to suppliers average 3 days beyond terms 3-Month D& PAYDEX®: 78 (Lowest Risk:100; Highest Risk:1) Based on payments collected over last 3 months. When weighted by dollar amount, payments to suppliers average 3 days beyond terms D&B PAYDEX® Comparison Current Year PAYDEX® of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Acctg/auditing/bookkeeping, bus consulting srvcs, tax return prepn srvcs. , based on SIC code 8721 . Shows the trend in D&B PAYDEX scoring over the past 12 months. 9/0810/0811/0812/081/092/093/094/095/096/097/098/09 This Business 79 79 79 79 79 79 79 79 78 78 78 78 Industry Quartiles Upper 80 80 80 Median 79 79 80 Lower 76 76 76 ® Current PAYDEX for this Business is 78 , or equal to 3 days beyond terms 4 • The 12-month high is 79 , or equal to 2 DAYS BEYOND terms • The 12-month low is 78 , or equal to 3 DAYS BEYOND terms Previous Year Shows PAYDEX of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Acctg/auditing/bookkeeping, bus consulting srvcs, tax return prepn srvcs. , based on SIC code 8721 . Previous Year 09/0712/07 03/08 06108 Q3'07 Q4'07 Q1'08 Q2'08 This Business 78 78 78 78 Industry Quartiles Upper 80 80 80 80 Median 79 79 79 79 Lower 76 76 76 76 Based on payments collected over the last 4 quarters. • Current PAYDEX for this Business is 78 , or equal to 3 days beyond terms • The present industry median Score is 80 , or equal to generally within terms • Industry upper quartile represents the performance of the payers in the 75th percentile • Industry lower quartile represents the performance of the payers in the 25th percentile Payment Habits For all payment experiences within a given amount of credit extended, shows the percent that this Business paid within terms. Provides number of experiences to calculate the percentage, and the total credit value of the credit extended. $ Credit Extended # Payment Experiences $ Total Dollar Amount % of Payments Within Terms Over 100,000 0 $0 0% 50, 000-100, 000 0 $0 0% 15, 000-49, 999 0 $0 0% 5, 000-14,999 0 $0 0% 1, 000-4, 999 3 $4, 500 100% Under 1,000 28 $6,600 83% Based on payments collected over last 12 months. For all Payment experiences reflect how bills are met in relation to the terms granted. In some instances, payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Payment Summary There are 43 payment experience(s) in D&Bs file for the most recent 12 months, with 19 experience(s) reported during the last three month period. The highest Now Owes on file is $2,500 . The highest Past Due on file is $500 Below is an overview of the company's dollar -weighted payments, segmented by its suppliers' primary industries: Total Total Dollar Largest High Within Days Slow Revd Amts Credit Terms <31 31-60 61-90 90> Top Industries Nonclassified 7 1,350 750 100 0 0 00 Misc business service 6 2,500 2,500 100 0 0 00 Telephone communictns 4 1,100 500 100 0 0 00 Admin economic prgm 4 200 50 100 0 0 00 Mfg misc office eqpt 3 1,050 500 76 0 2400 Short-trm busn credit 3 350 250 100 0 0 00 Misc equipment rental 2 750 0 100 0 0 00 Misc publishing 2 0 0 0 0 0 00 Executive office 1 1,000 1,000 100 0 0 00 Whol office supplies 1 1,000 1,000 100 0 0 00 Electric services 1 750 750 0 1000 00 Public finance 1 500 500 100 0 0 00 Rat mail-order house 1 250 250 100 0 0 00 Books-print/publish 1 100 100 0 1000 00 Radiotelephone commun 1 100 100 100 0 0 00 Insurance agent 1 100 100 100 0 0 00 Other payment categories Cash experiences 1 100 100 Payment record unknown 3 3,750 2,500 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 0 Other 0 N/A 0 Total in D&Bs file 43 14,950 2,500 5 Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Indications of slowness can be result of dispute over merchandise, skipper invoices etc. Payment Details Date Reported Paying Record (mm/yy) 07/09 Ppt Ppt Ppt Ppt Ppt Ppt Ppt Plot Ppt Plot Slow 30 06/09 Plot Plot Plot Plot Plot Ppt Ppt Ppt-Slow 60 04/09 Ppt 03/09 Ppt Ppt Ppt Ppt 02/09 Ppt 01/09 (026) (027) (028) 12/08 (029) 10/08 Ppt Ppt Ppt 08/08 Ppt 05/08 Ppt Ppt 01/08 Ppt 12/07 Ppt Ppt Ppt Ppt - Ppt 11/07 Ppt 09/07 Slow 15 High Credit Now Owes Past Due ($) ($) ($) 2,500 500 500 250 250 100 50 0 100 500 100 100 50 50 50 50 500 500 50 50 50 50 1,000 2,500 1,000 250 100 750 250 100 1,000 0 0 100 0 0 0 0 0 50 750 250 500 2,500 0 0 50 0 50 0 0 0 0 0 0 0 0 0 0 500 50 0 100 100 0 0 100 0 0 0 0 0 0 750 0 0 0 0 0 N3 0 0 0 0 0 N3 0 0 0 0 0 0 0 500 Last Sale Selling Within Terms (month) 1 mo 1 mo 1 mo 6-12 mos 6-12 mos 0 1 mo 2-3 mos 1 mo 6-12 mos 1 mo 0 4-5 mos 2-3 mos 6-12 mos 6-12 mos 4-5 mos ON30 Cash account 0 0 0 0 0 0 0 0 0 0 0 0 0 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 6-12 mos 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 6-12 mos 6-12 mos 6-12 mos 6-12 mos 6-12 mos 6-12 mos 1 mo Payments Detail Key: 030 or more days beyond terms Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. Public Filings Summary The following data includes both open and closed filings found in D&B's database on this company. Record Type # of Records Most Recent Filing Date Bankruptcy Proceedings 0 Judgments 0 Liens 0 Suits 0 - U CCs 7 06/05/08 The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. UCC Filings Collateral Account(s) and proceeds - General intangibles(s) and proceeds - Computer equipment and proceeds 6 Type Original Sec. Party CALIFORNIA BANK & TRUST, IRVINE, CA Debtor DIEHL, EVANS AND COMPANY, LLP Filing No. 0301360675 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 2003-01-09 Latest Info Received 01/28/03 .............. I ............ ......._._..........._.......... Collateral .... ............ ............... .................._:......_................................. ...:..._.:. Account(s) and proceeds - Computer equipment and proceeds - General intangibles(s) and proceeds Type Original Sec. Party ELDORADO BANK, IRVINE, CA Debtor DIEHL, EVANS AND COMPANY, LLP Filing No. 9901560098 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 1999-01-07 Latest Info Received 01/22/99 Collateral Leased Business machinery/equipment Type Original Sec. Party KONICA MINOLTA BUSINESS SOLUTIONS U.S.A, INC., PARK RIDGE, NJ Debtor DIEHL EVANS & COMPANY LLP Filing No. 0413160380 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 2004-04-30 Latest Info Received 05/26/04 _......._..._......................__...._._........_.._.........................:.._.:......................................... Type Continuation Sec. Party ELDORADO BANK, IRVINE, CA Debtor DIEHL, EVANS AND COMPANY, LLP Filing No. 0323000568 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 2003-08-13 Latest Info Received 08/26/03 Original UCC Filed Date 1998-11-09 Original Filing No. 9832060318 Type Continuation Sec. Party ELDORADO BANK, IRVINE, CA Debtor DIEHL, EVANS AND COMPANY, LLP Filing No. 0871603844 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 2008-06-05 Latest Info Received 06/06/08 Original UCC Filed Date 1998-11-09 Original Filing No. 9832060318 .............................................................................................................. Type ................................... Termination Sec. Party ELDORADO BANK, IRVINE, CA Debtor DIEHL, EVANS AND COMPANY, LLP Filing No. 03302C0705 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 2003-10-24 Latest Info Received 11 /10/03 Original UCC Filed Date 1999-02-01 Original Filing No. 9904060393 ...............—..... ............. .................... Type ..................... ....................................... ............................:.:....... Assignment Sec. Party ELDORADO BANK, TUSTIN, CA ZIONS CREDIT CORPORATION, SALT LAKE CITY, UT Assignee NO NAME AVAILABLE Debtor DIEHL, EVANS AND COMPANY, LLP Filing No. 0103260680 Filed With SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date Filed 2002-03-04 Latest Info Received 03/12/02 Original UCC Filed Date 2001-01-25 Original Filing No. 0103260680 The public record items contained herein may have been paid, terminated, vacated or released prior to today's date. Government Activity Activity summary Borrower (Dir/Guar) NO Administrative Debt NO Contractor NO Grantee NO Party excluded from federal program(s) NO Possible candidate for socio-economic program consideration Labour Surplus Area YES (2009) Small Business YES (2009) 8(A) firm NIA The details provided in the Government Activity section are as reported to Dun & Bradstreet by the federal government and other sources. Special Events Special Events 09/05/2008 Business address has changed from 2121 Alton Parkway Ste 100, Irvine, CA, 92606 to 5 Corporate Park Ste 1 DO, Irvine, CA, 92606 11/02/2007 This business is located in an area at previous risk of fire damage from the Southern California wildfires. D & B has obtained information from published reports that indicate there has been no major impact to commercial buildings in this area. 10/25/2007 This business is located in a FEMA designated disaster area which may be impacted by the California wildfires. The extent of impact to operations is under investigation. We will provide additional information as it becomes available. History and Operations Company Overview Company Name: DIEHL, EVANS & CO L.L.P. Doing Business As : DIEHL EVANS Street Address: 5 Corporate Park Ste 100 Moved From: 2121 Alton Parkway Ste 100, Irvine, Ca Irvine, CA 92606 Phone: 949 399-0600 Fax: 949-399-0610 URL: http://www.diehlevans.com History Is clear Present management control 55 years History The following information was reported: 09/05/2008 MICHAEL LUDIN, MNG PTNR THOMAS PERLOWSKI, MNG PTNR HARVEY SCHROEDER, MNG PTNR Officer(s): CRAIG SPAKER, MNG PTNR NITIN PATEL, MANAGING PTNR ROBERT CALLANAN, PTNR KENNETH AMES, PTNR Business started 1925 by Ellis Diehl. Present control succeeded Jan 01, 1954. MICHAEL LUDIN. 1978 -present active here. THOMAS PERLOWSKI. 1971-present active here. HARVEY SCHROEDER. 1984-present active here. CRAIG SPAKER. 1983-present active here. NITIN PATEL. 1966-present active here. ROBERT CALLANAN. 1999-present active here. KENNETH AMES. 2003-present active here. Business address has changed from 2121 Alton Parkway Ste 100, Irvine, CA, 92606 to 5 Corporate Park Ste 100, Irvine, CA, 92606. Business Registration CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF Aug 05 2009 Registered Name: DIEHL, EVANS AND COMPANY, LLP Business type: DOMESTIC LTD LIABILITY PTRSHIP State of incorporation: OREGON Filing date: Jul 21 2000 Registration ID: 76495085 Status: INACTIVE Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SALEM , OR MICHAEL R LUDW PARTNER 1144 ORANGEGROVE ORANGE CA Principals: 928670000 CRAIG W SPRAKER PARTNER 28 MUIRFIELD DOVE CANYON CA 926790000 Operations 09/05/2008 Business provides accounting, auditing and bookkeeping services. Provides business consulting services. Provides tax return preparation services. Description: ADDITIONAL TELEPHONE NUMBER(S): Facsimile (Fax) 949 399-0610. Territory : Statewide. Nonseasonal. Employees: 45 which includes partners and 1 part-time. 27 employed here. Facilities: Rents 7,500 sq. ft. in a two story building. Branches: Maintains branch locations in Carlsbad, CA and Escondido, CA. SIC & INAICS SIC: Based on information in our file, D& has assigned this company an extended 8-digit SIC. D&'s use of 8-digit SICs enables us to be more specific about a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. 8721 0000 Accounting, auditing, and bookkeeping 8748 0000 Business consulting, nec 7291 0000 Tax return preparation services NAILS: 541219 Other Accounting Services 541618 Other Management Consulting Services 541213 Tax Preparation Services Financial Statements Additional Financial Data The name and address of this business have been confirmed by D & B using available sources. Request Financial Statements 9 Requested financials are provided by DIEHL, EVANS & CO L.L.P. and are not DUNSRight certified. Key Business Ratios D & B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business. Based on this Number of Establishments 12 Profitability Return on Sales Return on Net Worth Short -Term Solvency Current Ratio Quick Ratio Efficiency Assets/Sales Sales / Net Working Capital Utilization Total Liabilities / Net Worth UN = Unavailable View Snapshots View Snapshots Industry Norms Based On 12 Establishments This Business Industry Median Industry Quartile UN 7.3 UN UN 28.9 UN UN 2.7 UN UN 2.2 UN UN 35.2 UN UN 8.7 UN U N 62.6 U N This information may not be reproduced in whole or in part by any means of reproduction. zOQS-2on9:bun & Bradstreet, nc. ... o: 10 D&B Business Information k. ,,ort: DIEHL, EVANS & CO L.L.P_ Page I of 8 ♦4D Decide with Confidence Business Information Report To save report(s) to your PC, click here for instructions. I Print this Report Copyright 2009 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 098022862L ATTN: jlockhart@surfcity-hb.org Report Printed: MAR 04 2009 In Date BUSINESS SUMMARY DIEHL, EVANS & CO L.L.P. Now > [rli�rlecl wlth this Rptirt DIEHL EVANS 5 Corporate Park Ste 100 D&B's Credit Limit Recommendation Moved From: 2121 Alton Parkway Ste 100, Irvine, Ca D&B's industry and risk -based limit guidance Irvine, CA 92606 Learn More View Now Payment Trends Profile Payment trends and industry benchmarks Learn More View ttow This is a headquarters location. D-U-N-S Number: 03-060-2882 Branch(es) or division(s) exist. Web site: www.diehievans.com Telephone: 949 399-0600 Fax: 949 399-0610 Manager: MICHAEL LUDIN, MNG PTNR Year started: 1925 Management 1954 control: Employs: 45 (27 here) History: CLEAR Financing: SECURED SIC: 8721 8748 7291 Line of Acctg/auditing/bookkeeping, bus business: consulting srvcs, tax return preps srvcs. SPECIAL EVENTS D&B Rating: 1R2 Number of employees: 111 is 10 or more employees. Composite credit 2 is good. appraisal: D&B PAYDEX@: 12-Month D&B PAYDEX: �� When weighted by dollar amount, payments to suppliers average 2 days beyond terms. 4 �T lea 120 days scow to days STOW Nompt Anticipates Based on trade collected over last 12 months. Enhanced�ay_ment trends and_industry benchmarks are available on this_busine,�zs 09/05/2008 Business address has changed from 2121 Alton Parkway Ste 100, Irvine, CA, 92606 to 5 Corporate Park Ste 100, Irvine, CA, 92606. https:/Avww.dnb.com/delivery/12/ 126185/126185.BIRHQ.2145.3413620971.tng.print.htrrl?printPr... 3/4/2009 D&B Business Information 1 brt: DIEHL, EVANS & CO L.L.P. Page 2 of 8 11/02/2007 This business is located in an area at previous risk of fire damage from the Southern California wildfires. D&B has obtained information from published reports that indicate there has been no major impact to commercial buildings in this area. 10/25/2007 This business is located in a FEMA designated disaster area which may be impacted by the California wildfires. The extent of impact to operations is under investigation. We will provide additional information as it becomes available. SUMMARY ANALYSIS D&B Rating: 1R2 Number of employees: 1R indicates 10 or more employees. Composite credit appraisal: 2 is good. The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1R and 211 Ratings, the 2, 3, or 4 creditworthiness indicator is based on analysis by D&B of public filings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 01/01/91: D&B Rating Date Applied 1R2 03/16105 -- 03/11/04 1112 11/13/01 1AI 03/27/00 2A1 09/18/98 1R2 05/16/97 -- 06/07/95 ER4 01/01/91 The Summary Analysis section reflects information in D&B's file as of March 2, 2009. MM Have DIEHL, EVANS & CO L.L.P: s payment habits changed over time? A Payment Trends Profile will show you - View low CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun & Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. HISTORY The following information was reported 09/05/2008: Management: MICHAEL LUDIN, MNG PTNR THOMAS PERLOWSKI, MNG PTNR HARVEY SCHROEDER, MNG PTNR CRAIG SPAKER, MNG PTNR NITIN PATEL, MANAGING PTNR ROBERT CALLANAN, PTNR_: KENNETH AMES, PTNR https://www.dnb.com/detivery/I 2/ 126185/ 126185.BIRHQ.2145.3413620971.tng.print.htm?printer... 3/4/2009 D&B Business Information It . 6rt: DIEHL, EVANS & CO L.L.P. Page 3 of 8 Business started 1925 by Ellis Diehl. Present control succeeded Jan 01, 1954. MICHAEL LUDIN. 1978 -present active here. THOMAS PERLOWSKI. 1971-present active here. HARVEY SCHROEDER. 1984-present active here. CRAIG SPAKER. 1983-present active here. NITIN PATEL. 1986-present active here. ROBERT CALLANAN. 1999-present active here. KENNETH AMES. 2003-present active here. Business address has changed from 2121 Alton Parkway Ste 100, Irvine, CA, 92606 to 5 Corporate Park Ste 100, Irvine, CA, 92606. CORPORATE FAMILY Click below to buy a Business Information Report on that family member. For an expanded, more current corporate family view, use D&B's Global Family Linkage product. Suy Selected Repgrt(s) Branches (US): Diehl, Evans & Co L.L.P. Carlsbad, CA DUNS # 03-858-4058 Diehl, Evans & Co L.L.P. Escondido, CA DUNS # 78-300 7i15 Buy Selected Reports} BUSINESS REGISTRATION CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF FEB 25 2009: Registered Name: DIEHL, EVANS AND COMPANY, LLP Business type: DOMESTIC LTD LIABILITY PTRSHIP State of organization: OREGON Filing date: JUL 21 2000 Registration ID: 76495085 Status: INACTIVE Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SALEM, OR Principals: MICHAEL R LUDIN, PARTNER, 1144 ORANGEGROVE, ORANGE, CA, 928670000 CRAIG W SPRAKER, PARTNER, 28 MUIRFIELD, DOVE CANYON, CA, 926790000 OPERATIONS 09/05/2008 Description: Business provides accounting, auditing and bookkeeping services. Provides business consulting services. Provides tax return preparation services. https://www.dnb.com/delivery/12/126185/126185.BIRHQ.2145.3413620971.tng.print.htm?printPr... 3/4/2009 D&B Business Information RL O'rt: DIEHL, EVANS & CO L.L.P. Page 4 of 8 ADDITIONAL TELEPHONE NUMBER(S): Facsimile (Fax) 949 399-0610. Territory : Statewide. Nonseasonal. Employees: 45 which includes partners and 1 part-time. 27 employed here. Facilities: Rents 7,500 sq. ft. in a two story building. Branches: Maintains branch locations in Carlsbad, CA and Escondido, CA. SIC & NAICS SIC: Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. 87210000 Accounting, auditing, and bookkeeping 87480000 Business consulting, nec 72910000 Tax return preparation services D&S PAYDEX NAICS: 541219 Other Accounting Services 541618 Other Management Consulting Services 541213 Tax Preparation Services Enhanced pavment trends and iizdustry t enchmarks are available on this business The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to 40 payment experiences as reported to D&B by trade references. 3-Month D&B PAYDEX: 80 12-Month D&B PAYDEX: 79 When weighted by dollar amount, payments to When weighted by dollar amount, payments to € suppliers average within terms. ? suppliers average 2 days beyond terms_ i1 €� taa tr iR i6a 120 ctays stay 30 days slaw Prompt fAntiafpates 12D days stuvo $0 days slaw i'zampt Anticipates Based on trade collected over last 3 months. PAYMENT SUMMARY Based on trade collected over last 12 months. When dollar amounts are not considered, then approximately 97% of the company's payments are within terms. The Payment Summary section reflects payment information in D&B's file as of the date of this report_ Below is an overview of the company's dollar -weighted payments, segmented by its suppliers' primary industries: 'total ; Total Dollar Largest HighWithin Days Slow Rcv'd' Amts Credit Terms <31 31-60 61-90 90> Top industries: Misc business service 6 2,500 2,500 100 - - - - https:%/www.dnb.com/delivery/I 2/126185/126185.BIRHQ.2145.34 i 362097I .tng.print.htm?printPr... 3/4/2009 D&B Business Infonnation %,,,ort: DIEHL, EVANS & CO L.L.P. Page 5 of 8 Nonclassified 5 1,250 750 100 - - - Telephone communictns 4 2,100 1,000 100 - - - Mfg misc office egpt 3 1,100 500 91 9 - - - Short-trm busn credit 3 350 250 100 - - - - Whol office supplies 2, 1,100 1,000 100 - - - - Misc equipment rental 2 750 0 100 - - - - Executive office 1 1,000 1,000 100 - - - Electric services 1 ' 750 . 750 - 100 - - Ret mail-order house 1 500 500 100 - OTHER INDUSTRIES 9 450 _ 100 : 100 Other payment categories: Cash experiences 0 0 0 Payment record unknown 3 3,750 - 2,500 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 j Other 01 N/A Total in D&B's file 40 15,600 2,500 The highest Now Owes on file is $2,500 The highest Past Due on file is $50 D&B receives over 600 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. How does DIEHL, EVANS & CO L.L;P.'s payment record compare to its industry? A Payment Trends Profile will show you - View jVgw PAYMENT DETAILS Detailed Payment History Date Reported Paying Record : High Credit Now Owes Past Due Selling Terms Last Sale (mm/yy) M M M Within (months) 02/09 Ppt 1,000 50 0 N30 1 mo Ppt 500 500 0 1 mo Ppt 500 t 50 i 50 : 1 mo S?ow 30 100 0 i 0 6-12 mos 01/09 Ppt 250 0 1 mo Ppt 500 = 0 1 mo Ppt 2,500 2,500 ` 0 1 mo Ppt 1,000 0 0 6-12 mos Ppt 500 0 0 2-3 mos Ppt 500 0 0 2-3 mos Ppt 100 0 0 N30 6-12 mos Plat 100 0 0 1 mo Ppt 50 0 0 2-3 mos (014) 2,500 ' 1 mo .(015) 1,000 1 mo (016) 250 1 mo https:llwww.dnb.com/delivery/ 1211261851126185.BIRBQ.2145.3413620971.tng.print.htm?printPr... 3/4/2009 D&B Business Information R- ,ort: DIEHL, EVANS & CO L.L.P. Page 6 of 8 12/08 Ppt 250 100 0 1 mo Ppt 50 0 0 1 mo 10/08 Ppt 750_ 0. 0 1 mo Ppt 250 100 0 1 mo Ppt 100 100 0 1 mo 08/08 Ppt 1,000 1 mo 07/08 Ppt 100, 0 ; 0 Ppt 50 : 0 ; 0 6-12 mos 06/08 Ppt 50 1 mo Ppt 50 1 mo Ppt s0 ` 1 mo Pot 50 I mo 05/08 Ppt 500 . 500 N30 1 mo Ppt 0, 0 0 Imo Ppt 0 . 0 0 1 mo 01/08 Pot 100 100 0 1 mo 12/07 Ppt 0 0 0 6-12 mos Pot 0 0 0 6-12 mos Ppt 0 s 0; 0 6-12 mos Pot 0 0 01 6-12 mos Ppt 0 % 0 : 0 6-12 mos 11/07 Ppt 50 0 0 6-12 mos 04/07 Slow 15 750 750 0 1 mo 02/07 Ppt 100 0 € 0 . 6-12 mos Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. PM Have DIEHL, EVANS & CO L.L.P.'s payment habits changed over time? t?j A Payment Trends Profile will show you - View Now FINANCE 08/30/2008 The name and address of this business have been confirmed by D&8 using available sources. PUBLIC FILINGS The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. UCC FILINGS Collateral: Account(s) and proceeds - General intangibles(s) and proceeds - Computer equipment and proceeds Type: Original Sec, party: CALIFORNIA SANK & TRUST, IRVINE, CA Debtor: DIEHL, EVANS AND COMPANY, LLP Filing number: 0301360675 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA https://www.dnb.com/delivery/12/126185/126185.B1RHQ.2145.3413620971.tng.print.htm?printPr... 3/4/2009 D&B Business Infonnation R. ort: DIEHL, EVANS & CO L.L.P. Page 7 of 8 Date filed: Latest Info Received: 01/09/2003 01/28/2003 Collateral: Account(s) and proceeds - Computer equipment and proceeds - General intangibles(s) and proceeds Type: Original Sec. party: ELDORADO BANK, IRVINE, CA Debtor: DIEHL, EVANS AND COMPANY, LLP Filing number: 9901560098 Filed with: SECRETARY OF STATE/UCC DIVISION,. SACRAMENTO, CA Date filed: 01/07/1999 Latest Info Received: 01/22/1999 Collateral: Leased Business machinery/equipment Type: Original Sec. party: KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., PARK RIDGE, N7 Debtor: DIEHL, EVANS & CO L.L.P. Filing number: 077104069882 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 02/26/2007 Latest Info Received: 03/09/2007 Collateral: Leased Business machinery/equipment Type: Original Sec. party: KONICA MINOLTA BUSINESS SOLUTIONS U.S.A, INC., PARK RIDGE, NJ Debtor: DIEHL EVANS & COMPANY LLP Filing number: 0413160380 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 04/30/2004 Latest Info Received: 05/26/2004 Type: Continuation Sec. party: ELDORADO BANK, IRVINE, CA Debtor: DIEHL, EVANS AND COMPANY, LLP Filing number: 0323000568 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: DS/13/2003 Latest Info Received: 08/26/2003 Original UCC filed date: 11/09/1998 Original filing no.: 9832060318 Type: Continuation Sec. party: ELDORADO BANK, IRVINE, CA Debtor: DIEHL, EVANS AND COMPANY, LLP Filing number: 0871603844 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 06/05/2008 Latest Info Received: 06/06/2008 Original UGC filed date: 11/09/1998 Original filing no.: 9832060318 Type: Termination Sec. party: ELDORADO BANK, IRVINE, CA Debtor: DIEHL, EVANS AND COMPANY, LLP Filing number: 03302CO705 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 10/24/2003 Latest Info Received: 11/ 10/2003 Original UCC filed date: 02/01/1999 _ Original filing no.: 9904060393 https:Hwww.dnb.com/delivery/ 12/126185/126185.BIRHQ.2145.341362097I .tng.print.htrn?printPr... 3/4/2009 D&B Business Information K ; ort: DIEHL, EVANS & CO L.L.P. Page 8 of 8 Type: Assignment Sec. party: ELDORADO BANK, TUSTIN, CA ZIONS CREDIT CORPORATION, SALT LAKE CITY, UT Assignee: NO NAME AVAILABLE Debtor: DIEHL, EVANS AND COMPANY, LLP Filing number: 0103260680 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA Date filed: 03/04/2002 Latest Info Received: 03/12/2002 Original UCC filed date: 01/25/2001 Original filing no.: 0103260680 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed. GOVERNMENT ACTIVITY Activity summary Borrower (Dir/Guar): NO Administrative debt: NO Contractor: NO Grantee: NO Party excluded from federal program(s): NO Possible candidate for socio-economic program consideration Labor surplus area: YES (2009) Small Business: YES (2009) 8(A) firm: N/A The details provided in the Government Activity section are as reported to Dun & Bradstreet by the federal government and other sources. Copyright 2009 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 098022862L https://www.dnb.com/delivery/12/126185/126185.BIRHQ.2145.3413620971.tng.print.htm?printPr... 3/4/2009 1. Date: 8/28/2009 Professional service Contracts Purchasing Certification 2. Contract Number: FIN 00903300 3. Department: Finance 4. Requested by: Robert Sedlak 5. Name of consultant: Diehl, Evans & Company, LLP 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See Exhibit A 7. Amount of the contract: $10,000 8. Are sufficient funds available to fund this contract?" iYes ❑ No 9. Is this contract ge erally 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 11. Is this contract less than $50,000? ® 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). N/A. Contract is less than $30K and is exempt from bid process as per MC 3.03.080(c). 16. Attach proposed scope of work. See Exhibit A 17. Attach proposed payment schedule. See Exhibit B Department Head "If the answer to this question is "NO," the contract will require approval from the City Council