HomeMy WebLinkAboutFAIRCHILD, MICHAEL W. - 2004-05-05 (6)SU, ity" Contracts Submittal to
City Clerk's Office
Hunt Beach,
To: y, City Clerk
1. Name of Contractor: Michael W. Fairchild
2. Purpose of Contract: For Example: Audit services or Water Quality, Testing Huntington Lake — Huntington Centrat�ark
Appraisal services for
3. Amount of Contract:
Copy of contract distributed to: The ORIGINAL insLirance ce icate aiver sent to Risk
Initiating Dept. Management
City Treasurer ORIGINAL bonds sent to Treasurer
76 1 (P / t)j
City Attomey's Office
Date: 5/6/04
g:/Attymise/forms/city clerk contract transmittal.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CI Y OF HUNTINGTON BEACH AND
miC Ate` l�..i.
FOR
�pc�►� ��,� d� �a�� 200 �5�-12(� �C � ham, �e�e. �o�,-�
THIS AGREEMENT ("Agreement") is made and entered into this day of
(� 20-0, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and W.
-1
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
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 ; L�d �_r�(CA; \ yvho shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
a,ree/forms/profserv10/15/01-A I
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on �31I Z00 , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than Mo,y 3�, 2ODy from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
:&r.&L l w`FJq%. nA19 Dollars ($ lOW-0a ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agree/forms/profsery 10/1510 1 -A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports; both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willfid misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/forms/profserv10/15/01-A 3
C�
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profsery 10/15/01-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY:
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
a?ree/forms/profsery10/15/01-A 5
CJ
•
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTSIPATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agree/forms/profsery 10/15101-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Governnsent 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: &"%Mutt
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profserv10/15/01-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be, valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or, affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profsery 10/15101-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument*.as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be- responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either parry to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profservl0/l5/01-A 9
•
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/1510 1 -A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
aSl rrAkRLC}\�\1,O
print name
ITS: (circle ale) Chainnan/President/Vice President
0
ITS: (circle one)
Secretary — Treasu
AND
CITY OF HUNTINGTON BEACH,
a municip 1 corporation of the State of California
2—
Director of PCfjyKi66:';a
(Pursuant To HBMC §3. 03.100)
APPROVED AS TO FORM:
City Attorney
REVIEWED A APPR
name
ary/Chie inancialOfficer/Asst.
Ci A
(only for cqhtracts S
agree/forms/pro£sery 10/15/01-A I I
00 and over)
•
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The Planning Department has received a request to process Final Parcel No. 2003-126 (Cuha
Development). Per Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO), Park and Recreation Fees shall be paid by the developer or park land shall be
dedicated to the City. The fee amount shall be based on the fair market value of the land.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
The fair market value of the land shall be determined by a qualified real estate appraiser that has
been selected and retained by the City at the expense of the subdivider.
The appraiser shall provide the fair market value for the entire project site.
The fair market value of the land shall be based on the average acre value of the property to be
subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value
of such acre of property rough graded to a maximum two percent slope. Such appraisal shall
exclude improvement.
jmp./contracts group./exAl4i14%04
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
3. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
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.
jmp/contracts groupiexB-114/14/04
EXHIBIT B
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
� ��a � � ®� �ra.c'4" 2�0`3 —12 % �Cu i,� �eve.�o�w�►i�
Table of Contents
1
Scope of Services.....................................................................................................1
2
City Staff Assistance................................................................................................2
3
Term; Time of Performance.....................................................................................2
4
Compensation..........................................................................................................2
5
Extra Work...............................................................................................................2
6
Method of Payment..................................................................................................3
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Harmless.........................................................................................................3
9
Professional Liability Insurance.............................................................................4
10
Certificate of Insurance............................................................................................5
11
Independent Contractor............................................................................................6
12
Termination of Agreement..................................................................................
6
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents...................................................................................................7
15
City Employees and Officials..................................................................................7
16
Notices.........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings.....................................................................................................8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...............................................................................................................9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees..........................................................................................................10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................10
27
Entirety ......................................................................................................................10
Su i PROFESSIONAL SERVICE CONTRACTS
Hunfin �,:o PURCHASING CERTIFICATION
�c�h% '�e,v►e,�o pw� ��
1. Requested by: Planning Department, Rami Talleh
2. Date: April 12, 2004
3. Name of consultant: Michael W. Fairchild
4. Description of work to be performed: Apraise the property value of a residential
tract in order to asses the park and recreation fee. (The amount will be paid by the
developer with a garunteed check written to the consultant in care of the City.)
5. Amount of the contract: $3,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: %//!(��� 3.43•I66
8. Is this contract generally described on the list of ,professional service contracts
approved by the City Council'? ®Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
RI HARD AMADRIL, Man ger
Purchasing/Central Services
` If the answer to any these questions is "No," the contract will require approval from the City Council.
2003-126 purchasing Certification 4/14/2004 8:22 AM
-----Original Message -----
From: Heineke, Michael
Sent: Tuesday, March 16, 2004 4:31 PM
To: Talleh, Rami
Subject: Qualified Appraisers
Rami,
Here are the appaisers I contacted to provide professional services:
James Netzer, MAI (949/263-8954)
Greg Wingard, MAI (714/963-8846)
Mark Byer, MAI (949/752-1108)
Mike Fairchild, MAI (949/689-3438)
Here are a few more that I didn't contact, they principally do Expert Witness work:
Sydney H. Hawran, MAI (949/760-3166)
Lisa Kimbro, MAI (949/362-8963)
Joyce Riggs, MAI (805/526-5345)
Michael L. Heineke
Real Estate Services
City of Huntington Beach
5/5/2004 09:05 r858 483 0430 • Monique Nash -+Karen 2/2
LETTER B
Michael W Fairchild
COMPANY LETTER C
145 Cedar Way #6
COMPANY
LETTER D
Laguna Beach, Ca 92651
COMPANY
LE7T�TER E
�y��ya��y ����++ �5� m �t
�P.0y r: F2S?_t �i�.:"R R "EMI---'."F53h���i=�i���"i4.�.��r�3g� ���cS���En3=5eYJLr€:G���'�k...�����.e!H t"R".:-�_ F tE
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
POLICY
POLICY
LTR
TYPE OF INSURANCE
POLICYNUMBER
EFFECTIVE
EXPIRATION
LIMITS
DATE
DATE (MMIDD/YY)
(MMIDD/YY)
GENERAL LIABILITY
GENERAL AGGREGATE
S
PRODUCTS-COMP/OP
S
COMMERCIAL SENERAL LIABILITY
AGG
CLAIMS MADE
PERSONAL & ADV.
S
INJURY
EACH OCCURRENCE
S
OCCURANCE
OWNER'S 8 CONTRACTORS PROT-
FIRE DAMAGE (Any One
$
fire)
MED EXPIAny One
S
ORE MIS ES/OPERATIONS
Person
AUTOMOBILE LIABILITY
COMBINED SINGLE
LIMIT
ANY AUTO
S
ALL OWNED AUTOS
AS TO F
P4FAT
BODILY INJURY (Der
person)
SCHED'JLED AUTOS
eORity
S
HIRE) AUTOS
M
A%III
BODILY INJURY (per
accident)
VON -OWNED AUTOS
4
GARAGE LIABILITY
PROPERTY DAMAGE
S
EXCESS LIABILITY
JMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
4
AGGREGATE
..
WORKERS COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
LIMITS
EACH ACCIDENT
S
DISEASE -POLICY LIMIT
S
DISEASE -EA.
EMPLOYEE
S
A
OTHER
Professional Liability
Z FREA 04-5071
Cover Note Number
04/15/2004
Start
04/15/2005
Exoires
st 000,000
Aggregate
City of Huntington Beach named as additional Insured
CERTIFICATE HOLDER::%;;:;
City of Huntington Beach
2000 Main St. 4th Floor
Huntington Beach, CA 92646
MAY-05-2004 09:12 e5e 483 0430 P.02
' Lie
IOU
' HUNmNGTONBEACH
City of Huntington Beach
2000 Main treet
California 92648
DECLAKATION of NON-F-MPLOYE.R STATUS
In order to comply with City Council Kesolution No. 6277, you are required to Provide Proof of
Workers' Compensation insurance. If you have'no employees, this form must 6e signed and returned to:
City of Huntington each
Kisk Management Division
2000 Main Street
Huntington each, CA 92648
I certify that in the performance of the activity or work for which this permit is issued, I shall not employ
any person in any manner so as to become subject to California Workers' Compensation insurance .
requirements.
I authorize the City of Huntington E)each to immediately and retroactively revoke the license or permit
issued under this declaration .if I hire any employees) or become sub cct to the provisions of the laws
requiring Workers' Compensation Insurance.
ApplicanVCompany Name: kU1,kf—L A
Address: �s ��.�Z W•�'� Lft
,
Applicant's Signature. Date: 1Qb
Title: OQMAE-a
Location Signed:
Telephone Number:
GARiskMgmt\Cert-Ins\WC-Wvr. Doc (Rev. 9/12/2002)
4%. 0
(12) November 3, 2003 - Council/Agency Minutes - Page 12
(City Council) Directed the City Administrator to Make Improvements As Amended to the
City's Contracting Processes (Including Professional Services Contracts under Huntington
Beach Municipal Code Section 3.03) (120.10)
The City Council considered a communication from Councilmember Jill Hardy transmitting the
following Statement of Issue: At the October 20,.2003 City Council meeting, staff recommended
improvements to the city's contracting processes. 1-believe the following recommendations
represent effective solutions to recent concerns identified with the contracting process. In addition
to the recommended improvements (listed below), I propose that staff provide the City Council an
update on the contracting process as part of the FY 2004-05 budget process.
A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney,
not Departments will maintain a log of the contracts they enter into which will be transmitted
quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make
the following improvements to the city's contracting processes within 90 days and provide a report to
the City Council regarding the contracting processes as part of the FY 2004-05 budget process:
a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit
the original agreement to the City Clerk's office; and
b. Develop an annual training program for processing all types of contracts; and
c. Develop Administrative. Regulations to establish the method for processing
- maintenance/service and public Works contracts; and. _
d. Contracts will not be dated until they are effective (signed by City Attorney's office); and
e. Remove the Mayor and City Clerk signature lines from contracts when not required; and
f. Modify Purchasing Manager Certification to apply to maintenance/service and public works
contracts; and
g. Assign a single department contract coordinator to ensure contract proper processing; and .
h. Depa s-City Attorney will maintain a log of the contracts they enter into which will be
transmitted quarterly to the City Clerk's office to ensure proper filing; and
Staff's professional service agreement signature authority will be capped at $100,000,
agreements over $100,000 will require City Council approval.
City Attorney Jennifer McGrath clarified for Councilmember Dave Sullivan that her office verifies
all documents. are accurate, appropriately signed and approved as to form.
(13) • November 3,.2003 - Council/Agency Minutes - Page 13
City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why
she believed City Clerk attestation on city contracts to be necessary stating that a majority of
cities require the City Clerk to always attest to the signatures of city officers entering into contracts
on behalf of the city; that attestation by the City Clerk applies to contracts approved and entered
into that do. not appear on city council agendas and to those contracts which do appear on the city
council agenda...
The City Clerk informed Council of an email survey her office had conducted of over forty cities
wherein all but eight cities required the City Clerk to attest to all agreements even those
agreements not appearing on the council agenda. She referred to cities such as the City of Irvine,
Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers
just as the City Clerk must attest to the signature of the Mayor on contracts that go through the
city council process. She informed Council of the reasons why she believed her request to attest
to in house contracts was reasonable. .
A substitute motion was made by Sullivan, second Coerper to require attestation and limit
contracts to $50,000.
City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is
not required.
City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process.
City Administrator Ray Silver. reported on the Professional ServicesContract process stating in
orderto save staff time`.his office,: the City Attomey and.Risk Management. developed a standard _
professional services contract. City Administrator Silver informed Council that staff wants to
improve the system and address the legitimate concerns raised by the City Clerk.
Council voted on the above -mentioned substitute motion made by Councilmember Sullivan. The
motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green,
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
Council voted on the above -mentioned original motion. The original motion as amended by
Councilmember Hardy that the City Attorney, not Departments will maintain a log of the
contracts they enter into which will be transmitted quarterly to the City Clerk's office to ensure
proper filing carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: Sullivan
ABSENT: None