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HomeMy WebLinkAboutFAIRCHILD, MICHAEL W. - 2004-05-05 (7)fi`SU ity To: -Czaaie4&*oiwA&y, City Clerk Contracts Submit-tdi to City Clerk's Office ZE 1. Name of Contractor: Michael W. Fairchild 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park'. Appraisal services for �J, 00 3. Amount of Contract: Copy of contract distributed to: The ORIGINAL insurance certifica/waiver sent to Risk Management Initiating Dept. " W 0 � City Treasurer --0-- ) t 1 6 41 ORIGINAL bonds sent to Treasurer City Attomey's Office Date: 5/6/04 gJAttyrnisciforms/city Clerk contract transmittal.doc n PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF` HUNTINGTON B1EAC AND MiL�` a I&I ct✓N► l(� FOR iA&1 e1' f"%Lk . THIS AGREEMENT ("Agreement") is made and entered into this Xt day of 20 61, by and between the City of Huntington Beach, a municipal corporation of the State of California., hereinafter referred to as "CITY, and a `�t?�e_ OLD t2 �, Q�f-ek 5tl hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to IRMW 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 & (,,►'041 U). F-a i ". �ho shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/01-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 O�AV 31, ZQO� , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than DSLhq ` 200q from the Commencement Date of this Agreement. These times maybe 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 64v�t,� Dollars ($ 0"'Soco-OD ). 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 10/15101-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 willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall a.gree/forms/profsery 10/1 5/01-A 3 • • 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 fiu-nish 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 aggree/forms/profserv10/15/01-A 5 • • 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. 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. agree/forms/profsery 10/15101 -A 6 IS. 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 H tington Beach ATTN: m; 1:zr� 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/profsery10/15/01-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 a.aree/forms/profsery 10/ 15101 -A 8 0 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 party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profsery 10/1901-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 Agreements 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 parry'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/profsen• 10/15101 -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, w"- I Z 00, /LG By: print name ITS: (circle aie) Chainnan/President/Vice President AND LIM not name ITS: Jr(are) Secretary/Chief Financial Officer/Asst. Secre ry — Treasurer agree/forms/profsery 10/15/01-A I I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California _24#7 4/t --� H Z. Di ector o s°— (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: a City Attorney REVIEWED AND APP-OVED: for contracN50, 000. 00 and over) • rr rr EXHIBIT A A. STATEMENT OF WORK: (Narrative of work to be performed) The Planning Department has received a request to process Final Tract Map No. 16438 (Seaside Terrace). 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'exA/4114/04 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 "At' 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 group/exB-1/4/14/04 EXHIBIT B 2 3 4 5 6 7 @ g lO ll 12 13 14 15 16 17 18 lA 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN FOR 0%M% - - - - ALCL) THE CITY OF HUNTINGTON BEAC� D Table nfContents Scope0fServices ....................................................................................................... l City Staff Assistance ........... -------------.---------................. 2 Tccoz'Tb��of ` 2 ^ '___—'---_--------------------------- Compensation —.------.--------------------------..2 ExtraWork ................................................................................................................ Method of Payment ---------.----------------------..] Disposition ufpkam'Emdnzateuand Other Documents ........................................... 3 HoldHarmless ......................................................................................................... 3 Professional Insurance ............................................................................... 4 Certificate ofInsurance ............................................................................................ 5 __ ---_--or � ..---.... -------.. .. � '.---. -.. Independent—.. ---. —.---. .. /6 Termination of Agreement --.--------------------------..6 Assignment and Delegation ------------------------..----. 6 -------------------------.-------..7 City Employees and Officials .................................................................................. 7 Notices.......................................................................................... 7 Consent.................................................................................................................... @ Modification .........'.......................................................................................''........'. 8 Section Headings -----------.----------------------0 Interpretation of this Agreement --------------------------8 DuplicateOriginal ......................................... ........................................................... A Immigration ............................................................................................................''9 Legal Services Subcontracting Prohibited ................................................................ Q Fees.......................................................................................................... lU Survival—_---.----......................................................................................... l0 GoverningLaw .......................................................................................................... lO Entirety ------------------------.'---.------.-----l0 su ity PROFESSIONAL SERVICE CONTRACTS -Hunna i Bewhm PURCHASING CERTIFICATION CSe%i&Te-crot C-L) 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 Tract No. 16438 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: $4,500.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted:A4W,IG S ► 3.4J-le 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. R CHARD AMADRIL, Manage Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. 16438 purchasing Certification 4/14/2004 8:11 AM 0 0 -----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 a/ 5/5/2004 09:05 f858 483 0430 • Monique Nash -►Karen 2/2 - - D.Y) osio3ioa GERTIFtGTE OF 1NS'URANCE PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Associations Liability Insurance Agency, I Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE y POLICIES BELOW. 4907 Morena Blvd., Suite 1415 COMPANIES AFFORDING COVERAGE San Diego, CA 92117 COMPANY LETTER A National Union Fire Insurance Company INSURED: COMPANY LETTER B Michael W Fairchild COMPANY LETTER C 145 Cedar Way #6 COMPANY LETTER D Laguna Beach, Ca 92651 COMPANY spa LETTER. E �"iOR1C3E5.3?�MELL© rf* _W_I_" CL'_.= - - c?_�_�? SHE 1;��FIF�,� ��.: ,1� .. - Y�t3 €FPF"Mr 1.._' .. FORM c.. .. .. 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 POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE (MMODIYY) (MM/DCIYY) GENERAL LIABILITY I I GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP S AGG CLAIMS MADE PERSONAL Z ADV S INJURY OCCURANCE EACH OCCURRENCE $ OWNER'S 8 CONTRACTORS PROT. FIRE DAMAGE (Any one $ lire) MED. EXP(Any one $ PRE MISESiOPE RATIONS Person AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY .AUTO $ AL_ OWNED AUTOS PPRO ED AS TO F BODILY INJURY (Der Person) SCHEDULED AUTOS $ RED AUTCS F MCGRAT lty Attorn BCDLY a « dengNJURY (per NON -OWNED AU -OS $ GARAGE LIABILITY PROPERTY DAMAGE q EXCESS LIABILITY EACH OCCURRENCE $ JMBRELLAFORM 4 AGGREGATE OTHER THAN UMBRELLA FORM ...... .,. ,. .., .. ... - STATUTORY LIMITS WORKERS COMPENSATION _ EACH ACCIOEN7 $ . AND DISEASE -POLICY LIMIT It - EMPLOYERS' LIABILITY DISEASE -EA. $ EMPLOYEE A OTHER arote55ional Liepihty Z FREA 04-5071 04/15/2004 04/ 15/2005 $1,00o 000 Cover Note Number Start Ex ires Aggregate DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS City of Huntington Beach named as additional Insured CERTIFICATE HOLDER....'' ; CANCELLATION , City Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 2000 Main St. 4th Floor DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE Huntington Beach, CA 9264E NO. OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR 't REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MAY-05-2004 09:12 858 483 0430 P.02 '�a City of Huntington Beach HUH TON BEACH - 2000 main • California 92648 DECLARATION of NON -EMPLOYER STATUS in order to comply with City Council Resolution 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 E)each Risk Management Division 2000. Main Strect Huntington E)cach, 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 6ccome sub cct to California Workers' Compensation insurance requirements. I authorize the City of Huntington E)each to immediately and retroactively revoke the license or permit issued undcr this declaration if I hire any employees) or 6ccome sub cct to the provisions of the laws requiring Workers' Compensation insurance. ApplicanVCompany Name: k(-kk-- kf,L Address: \�—s *A0 L'Pt Applicant's Signature. Date: k� -NM( L L Q(A Title: (bQMsa Location Signed: Telephone Number: ��k\p� C- GARiskMgmt\Cent-Ins\WC-Wvr.Doc (Rev. 9/12/2002) (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. I 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: City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit the original agreement to the City Clerk's office; and Develop an annual training program for processing all types of contracts; and "Develop Administrative Regulations to establish the method forprocessing maintenance/service and public works contracts; and _ Contracts will not be dated until they are effective (signed by City Attorney's office); and Remove the Mayor and City Clerk signature lines from contracts when not required; and Modify Purchasing Manager Certification to apply to maintenance/service and public works contracts; and Assign a single department contract coordinator to ensure contract proper processing;: and Depar-tmellt6-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 t0 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 Silverreported on the Professional Services Contract process stating in order to save staff time his office, the City Attorney 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