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HomeMy WebLinkAboutDonna Desmond Associates - 2009-07-13CONTRACTS SUBMITTAL 2TLQ JUL 114 AM, 10: 56 CITY CLERKS OFFICE V !"ji JT 7 To: JOAN FLYNN, City Clerk Name of Contractor: Donna Desmond Associates Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Billboard Appraisal Services Amount of Contract: $5,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F1 to Risk Management n Finance Dept. E❑I ORIGINAL bonds sent to Treasurer ❑ k W" Date: Narn6/]Exterlsion City Attomey's Office 7//3 /"-�Ooy 7 G:AttyNfisc/Contract Forms/City Clerk Transmittal 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 DONNA DESMOND ASSOCIATES FOR BILLBOARD APPRAISAL 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............................................................................................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 I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DONNA DESMOND ASSOCIATES FOR BILLBOARD APPRAISAL 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 Donna Desmond Associates., a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide billboard appraisal 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 Donna Desmond who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional Svcs to $49 12-07 1 of I 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on -:5U L 200q (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "lB," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five —thousand ********************** Dollars ($ 5,000.00---------- --3 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/professional svcsto $49 12-07 2 of 1 I 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, posts 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 svcsto $49 12-07 3 of 11 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. 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/surfnet/professional Svcs to $49 12-07 4 of I I 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 parry, 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 svcsto $49 12-07 5 of 11 1 1. 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/swfnet/professional svcs to $49 12-07 6 of 11 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: Luis Gomez 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/professional svcsto $49 12-07 7 of 11 TO CONSULTANT: Donna Desmond Donna Desmond Associates 265 South Beverly Glen Blvd. (310) 475 1114 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/surfnet/professional sves to $49 12-07 8 of I 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/professional svcs to $49 12-07 9 of 11 14� A"I'TORNEY'S FFF`�', --_4 In the event suit is brought by cithet party to constriae, interpret and/or enforce the -nance hereof' each part3 -stiall terms andlor provisions ofthis Agreemcm or to secure the I)erfon bear its wmi ittorney's fees, such that the prc�ailimu party shall not be emitled to recover it.,., att orney's fees frcim the nonpre,.ailhig party. StIRVIVINL I-enns and conditimis ofthis Agreement, x-hich by t , heir sense and contest survive (tic expiratiora or ternunvaion ofthis Agrecmente shall so survive, 26. GOV'FIRNING LAW 1"his Aoreernent shall be i�,overned wid CMISIRIed in accordance with the lawN of the State of Cali (ornki, 27� SIGNAT.().B.I.J."'S F'ach nand ersigIned represents <arrcl Nvarrams thit its sia."nature hereinbelo�t, has the pover. authority and righ€ to bind their respective parties to Vlach t-"& the terms, of this Agreement, and shall itidemnify CITY fulk 1'�-w a,un Injur'es or loam to Cv�,e CITY in the nt that such I - authority or power is not, in fact, held by th n apory or is -,vYMdmwn. d "I"s in it CONSUILTAN, iti Is l"N'FIRETY The parties acknovvledie and agree that they are enteririg into this Agreement freely and voluntarily ftfl1wxing exrctisi\c arm*-s length nqgotiatitm- and that each has had the opportunity tci consult with leg -A counsel prior to executing this Agreement. I he pallics also a&'mv, [edge and aoree that no reprcsentafiolm itiducements., pronmes. agreements or CII warranties. anal or otherwise- have beeu made h,, thut parvy or anyone acting oii that paro"s behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and 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, ���o►�� � J-e�-�►�c��cQ �Ssoc.;�-kS C PANY NAME By:_ —� print name ITS: (circle one) ChairmMEsid_ ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California conomic NeveOpment Director (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: City Attorney By: Date ��� y / 3 20 y print name ITS: (circle on ecreta /Chief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professional svcs to $49 12-07 11 of l l EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Donna Desmond and Associates (DDA) will provide billboard appraisal services to the city on an as -needed basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Donna Desmond, will have overall responsibility for data collection, analysis, document preparation and will oversee the work of our resource specialists to ensure the quality, accuracy, and thoroughness of work products. The consultant's duties and responsibilities include the following tasks: Inspect the boards; Acquire, review and analyze all available leases, advertising contracts, permits and expense documentation related to the boards; Review the marketplace to determine the marketability of the boards; Perform market research relative to advertising rates and expense levels for the boards; and Implement standard appraisal methodology pertinent to signboard valuation to determine the values of the boards. The analyses and conclusions of the studies will be summarized in narrative appraisal reports. Assuming all requested documentation is provided in a timely manner, the appraisals should be completed within three weeks of receiving City's authorization to proceed. The services to be performed by DDA will be conducted in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to the City of Huntington Beach either expressed or implied, and no warranty or guarantee is included or intended. Opinions relating to presence, absence, or potential for occurrence of biological resources will be based on limited data and actual conditions may vary from those encountered at the times and locations where the data were obtained; despite the use of due professional care. C. CITY'S DUTIES AND RESPONSIBILITIES: City will provide vendor with detailed scope of work for each assigmnent. D. WORK PROGRAM/PROJECT SCHEDULE: The consultant will provide a timeline for each assignment requested. Surfnet Exhibit A EXHIBIT "B" Payment Schedule 1. CONSULTANT shall be entitled to monthly payments for work performed under this contract on a not -to -exceed basis. A. Total fees shall not exceed five -thousand ($5,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. - The fees will be incurred based upon hourly rate of $265. 2. 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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. 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. 4. 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 Consulting 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 Consulting worked and costs incurred is accurate. Such approval shall not be Surfnet Exhibit B EXHIBIT B 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 EXHIBIT B ACORD TM. CERTIFICATE OF LIABILITY INSURANCE 7JUN2509 DATE (MM/DD/YY) PRODUCER E.L.M. INSURANCE BROKERS, INC. P.O. BOX 2668 1990 E. GRAND AVE STE 210 CA LIC OD28706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EL SEGUNDO CA 90245-1768 PHONE: 310-322-1301 Agency Lic#: OD28706 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Lloyds of London DONNA DESMOND ASSOCIATES 265 S. BEVERLY GLEN LOS ANGELES CA 90024 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDIY)D POLICY EXPIRATION DATE MM/DD/Y LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ::Xj CLAIMS MADE [:] OCCUR X PROFESSIONAL LIABILITY 1038013509/008 DEC 4 08 DEC 4 09 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Eaoccurence $ NOT INCLU MED. EXP (Any One Person) $ NOT INCLU PERSONAL & ADV INJURY $ NOT INCLU GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PRODUCTS-COMP/OP AGG. $ NOT INCLU AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS NOT INCLUDED D D 77 J i TO FqW i' }�� g 1`� 2 (``{/fir ' ✓/�'I COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO NOT INCLUDED AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS / UMBERELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ NOT INCLUDED I EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MeMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below NOT INCLUDED TWO VTLIM T OTHER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER: I I NOT INCLUDED DESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER IS NOT ADDED AS AN ADDITIONAL INSURED TO THE REFERENCED POLICY. CERTIFICATE IS FOR PROOF OF PROFESSIONAL LIABILITY COVERAGE. NOTHING IN THIS CERTIFICATE SHALL ALTER, AMEND OR EXTEND COVERAGE PROVIDED BY THE ABOVE MENTIONED POLICY. ALL OTHER TERMS AND CONDITIONS OF THE REFERENCED POLICY REMAIN IN FULL FORCE AND EFFECT. 12/4/97 PRIOR ACTS DATE/// CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF HUNTINGTON BEACH 2000 MAIN STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT HUNTINGTON BEACH, CA 92648 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Attention: JASON MACHADO AUTHORIZED REPRESENTATIVE _ ACORD 25 (2001/08) Certificate # 4106 Frederick J. Fisher 0607799 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of'iInsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGORD 25-S (2001/08) Certificate #4106 Professional Service Contracts Purchasing Certification 1. Date: 6/10/2009 2. Contract Number: ECD 00902700 3. Department: Economic Development 4. Requested by: Luis Gomez 5. Name of consultant: Donna Desmond Associates 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited cogs I�t . N7'A- 5 E r-X � % 7. Amount of the contract: $5,000.00 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: 30580101.49 95.-- 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 applies to MC3.03.080(c) 16. Attach proposed scope of work. See Exhibit A 17. Attach proposed payment schedule. See Exhibit B Dep Vment He ignature RD A Central Services Mana er 1. If the answer to this question is "No," the contract will require approval from the City Council.