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HomeMy WebLinkAboutGLADSTEIN AND ASSOC. - 2000-11-060 a. P —3. C, 1r,7 �1&e / In Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ Dd. Cityk's Signature Council Meeting Date: November 6, 2000 Department ID Number: CA 00-21 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION P..� t C p -{ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: GAIL HUTTON, City Aft y ,a �/t 0,a PREPARED BY: GAIL HUTTON, City Attorn SUBJECT: Approve Waiver of Insurance Requirements for Gladstein & , y Associates and Martin Collette, dba EconOne, for Consultant and Expert Witnesses Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Whether to approve the waiver of insurance requirements for Gladstein & Associates and Martin Collette, dba EconOne for consultant and expert witnesses services for the proceeding now pending before the Public Utilities Commission entitled Southern California Edison, Docket no. A00-01-037. Funding Source: General Fund, Contract Legal Services, Account #10015301.69375 Dollar amount not to exceed $20,000 for eah contract. Recommended Action: Approve a waiver of insurance for general and professional liability as recommended by the settlement committee for two professional services agreements to be entered into at a later date between the City Attorney and Gladstein & Associates and Martin Collette, dba EconOne for which City Council approval is not necessary as the agreement cost is not to exceed $20,000. Alternative Action(s): Do not approve the waiver of insurance requirements for Professional, General and Workers' Compensation liability insurance. (0 , fgif AUEST FOR COUNCIL ACTIO MEETING DATE: November 6, 2000 DEPARTMENT ID NUMBER: CA 00-21 Analysis: The City Council previously authorized the City Attorney to intervene in the PUC proceeding regarding Southern California Edison's sale of the oil storage tanks adjacent to the AES generating station. It is necessary to retain expert witnesses in this proceeding. While the professional services contracts are for under $20,000, and can be entered into by the City Attorney, any insurance waiver requires City Council approval. Staff recommends that the City Council approve the waiver of insurance requirements for Professional, General and Workers' Compensation liability insurance for each of the two contracts. The risk of an expert witness taking any action that could impose liability is remote. Additionally, the Settlement committee's recommendation to accept the waivers is attached. Environmental Status: AttachmentW: RCA Author: SFF/JEG Not Applicable 1 Settlement Committee's Recommendation for Gladstein & Associates 2. Settlement Committee's Recommendation for Martin Collette, dba EconOne 00-21 Consultant So Cal Edison.doc -2- 10/30/00 10:24 AM • • ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GLADSTEIN & ASSOCIATES, L.L.C. FOR EXPERT WITNESS SERVICES THIS AGREEMENT, made and entered into this 6Y13 day of CIOV 42000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GLADSTEIN & ASSOCIATES, L.L.C., a California limited liability company, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of CONSULTANT to serve as a consultant and/or an expert witness in the proceeding now pending before the Public Utilities Commission entitled Southern California Edison Company, Docket No. A.00-01-037 CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall serve as a consultant and/or an expert witness in the proceeding now pending before the Public Utilities Commission entitled Southern California Edison Company, Docket No. A.00-01-037. CONSULTANT shall prepare a "Prepared Direct Testimony" for the proceeding, testimony at hearing, and any pre -and post -hearing matters requested. CONSULTANT shall provide such additional services as more specifically instructed by David L. Huard of Jeffer, Mangels, Butler & Marmaro, LLP, special counsel to the City in the above -referenced matter. CONSULTANT hereby designates Cindy Greenwald who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement. 3. COMPENSATION CONSULTANT's fee for such services shall be on a time and materials basis of $175.00 an hour for Cindy Greenwald and $36.00 an hour for clerical services, plus actual costs based on receipts provided. Total compensation for report work under this Agreement including costs and expenses, shall not exceed Twenty Thousand Dollars ($20,000.00). SF-2000 Agree: Gladstein -Edison 10/13/00 - #1 CONSULTANT shall prepare a monthly statement which will set forth the nature of the services provided during the preceding period, the names and hours of each individual providing services, and the total number of hours and amount of fees attributable to providing such services. In addition, CONSULTANT shall be entitled to monthly reimbursement from CITY for out-of-pocket expenses incurred in connection with the provisions of said legal services, such as court costs, deposition fees, long distance telephone charges, messenger and delivery fees, photocopying and other reproduction costs, investigation fees, expert witness fees, and charges for travel time outside of the Southern California area at the direction of special counsel. Said monthly statement shall include the total amount of such expenses incurred during the preceding period. Automobile expenses are limited to $0.27 per mile. All other travel expenses shall be approved in advance. Requests for approval of travel expenses shall be submitted at least 14 days in advance, to allow for reduced transportation fares. Meals are not billable to the CITY, without prior arrangement. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds $75.00. The fee for the sending or receiving of facsimiles will not exceed $0.25 per page. The CITY will not pay a fee or charge for telephone calls or facsimiles to the CITY. Photocopier costs shall be no more than the actual cost of duplication, or $.10 per page, whichever is less. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case. CITY shall pay CONSULTANT'S monthly statement within thirty (30) days of receipt unless the CITY disputes the statement. 4- DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all•materials prepared hereunder,' including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon CITY'S written notification. Said materials may be used by CITY as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of this Agreement. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 5. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 2 SF-2000 Agree: Gladstein -Edison 10/12/00 - #1 6. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers. compensation insurance and. employers liability in an. amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accide, t, each occurrence; One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and Two Hundred Fifty Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers' compensation insurance and CONSULTANT'S covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury -and property damage; including products/completed operations liability and -- blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. B. Professional Liability Insurance. CONSULTANT shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. SF-2000 Agree: Gladstein -Edison 10/12/00 - #1 • • 8. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 9. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its 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 services to be performed hereunder. 10. 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 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. 11. ASSIGNMENT \ND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 12. 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. 4 SF-2000 Agree: Gladstein -Edison 10/12/00 - #1 • 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. 14. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: Mathew Lamb Real Estate Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 with copies to: Scott F. Field Assistant City Attorney 2000 Main Street Huntington Beach, CA 92648 and David L. Huard, Esq. Jeffer, Mangels, Butler & Marmaro LLP 2121 Avenue of the Stars, 1 Oth Floor Los Angeles, CA 90067-5010 15. IMMIGRATION TO CONSULTANT: Cindy Greenwald, Vice President Gladstein & Associates 3015 Main Street, Suite 300 Santa Monica, CA 90405 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. SF-2000 Agree: Gladstein -Edison 10/30/00 - #1 • 16. 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. 17. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 18. ENTIRETY The foregoing sets forth the entire Agreement between the parties. 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 GLADSTEIN & ASSOCIATES, L.L.C., a California limited liability company Terres Unsoeld Chief Executive Officer CITY OF HUNTINGTON BEACH, a California municipal corporation City Attorney APPROVED AS TO FORM: q9; City Attorney�� I i-,5-Mc� 1 t[ �� REVIEWED AND APPROVED: 0 City Administrator SF-2000 Agree: Gladstein -Edison 10/12/00 - #1 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GLADSTEIN & ASSOCIATES FOR EXPERT WITNESS SERVICES Table of Contents WorkStatement........................................................................................................ I Time of Performance................................................................................................1 Compensation...........................................................................................................1 Disposition of Plans, Estimates and Other Documents ............................................ 2 Indemnification and Hold Harmless.........................................................................2 Workers' Compensation. : ........................................................................................... 3 Insurance.................................................................................................................... 3 Certificates of Insurance............................................................................................ 4 Independent Contractor.............................................................................................4 Termination of Agreement......................................................................................4 Assignment and Subcontracting.............................................................................. 4 Copyrights/Patents................................................................................................... 4 CITY Employees and Officials................................................................................ 5 Notices..................................................................................................................... 5 Immigration............................................................................................................. 5 Legal Services Subcontracting Prohibited............................................................... 6 Attorney's Fees......................................................................................................... 6 Entirety.................................................................................................................... 6 • 11 CITY OF HUNTINGTON BEACH APPLICATION FOR NSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member 2. Date of Request .1a / a Z= 3. Name of Contractor/Permittee l�t�a�,7t• P_�n 4. Description of work to be performed ('O/IS al A2-125�_'1J6-'4Werl-- Lr/ i Yn eg s 5. Value of Contract 6. Length of C 7. Type of Insurance Waiver or Modification Requested: a - (a) Limits: (b) C Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE' Reason for Request for Waiver or Reduction of Limits .L ;711 lr—ol 'oeD f-e, 10. Identify the risks to the City if this request for waiver or modifications granted fiDtc) .Fisk Department Head Signature (This section to be completed by Risk ,Manager) Recommendation: Approve Deny Risk Manager's Signature/Date (This section to be completed by City Attorney) Recommendation: Approve Deny City Attorney's Signature/Date � ' // if � Settlement Committee app ovD'ffice s not] required for this waiver. If Settlement Committee approval is required, submit this form to City A to be -placed on the agenda. Recommendation: Approve City Council app val�[is] is not] required for this waiver. If City Council approval is required, attach this form to the RCA after considei'3ttertb the Settlement Committee. This insurance waiver is not on City Council agenda. Y [ ] tY g Reviewer's initial jmp/mis/inswaivcr/3/ 14/00 f I 1 L J ATTACHMENT #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARTIN COLLETTE, AN INDIVIDUAL, DOING BUSINESS AS EconOne FOR EXPERT WITNESS SERVICES THIS AGREEMENT, made and entered into this day of 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MARTIN COLLETTE, an individual doing business as EconOne, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of CONSULTANT to serve as a consultant and/or an expert witness in the proceeding now pending before the Public Utilities Commission entitled Southern California Edison Company, Docket No. A.00-01-037 CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall serve as a consultant and/or an expert witness in the proceeding now pending before the Public Utilities Commission entitled Southern California Edison Coinpany, Docket No. A.00-01-037. CONSULTANT shall prepare a "Prepared Direct Testimony" for the proceeding, testimony at hearing, and any pre -and post -hearing matters requested. CONSULTANT shall provide such additional services as more specifically instructed by David L. Huard of Jeffer, Mangels, Butler & Mannaro, LLP, special counsel to the City in the above -referenced matter. CONSUITANT hereby designates Martin Collette who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. . 2. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement. 3. COMPENSATION CONSULTANT's fee for such services shall be on a time and materials basis of S175.00 an hour, plus actual costs based on receipts provided. Total compensation for report work under this Agreement including costs and expenses, shall not exceed Twenty Thousand Dollars (S20,000.00). SF-2000 Agree: EconOne-Edison 10 13100 - #3 CONSULTANT shall prepare a monthly statement which will set forth the nature of the services provided during the preceding period, the names and hours of each individual providing services, and the total number of hours and amount of fees attributable to providing such services. In addition, CONSULTANT shall be entitled to monthly reimbursement from CITY for out-of-pocket expenses incurred in connection with the provisions of said legal services, such as court costs, deposition fees, long distance telephone charges, messenger and delivery fees, photocopying and other reproduction costs, investigation fees, expert witness fees, and charges for travel time outside of the Southern California area at the direction of special counsel. Said monthly statement shall include the total amount of such expenses incurred during the preceding period. Automobile expenses are limited to $0.27 per mile. All other travel expenses shall be approved in advance. Requests for approval of travel expenses shall be submitted at least 14 days in advance, to allow for reduced transportation fares. Meals are not billable to the CITY, without prior arrangement. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds $75.00. The fee for the sending or receiving of facsimiles will not exceed $0.25 per page. The CITY will not pay a fee or charge for telephone calls or facsimiles to the CITY. Photocopier costs shall be no more than the actual cost of duplication, or $.10 per page, whichever is less. .Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case. . There shall be no charge for secretarial time, secretarial overtime, or word processing charges. CITY shall pay CONSULTANT'S monthly statement within thirty (30) days of receipt unless the CITY disputes the statement. 4. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to.CITY upon CITY'S written notification. Said materials may be used by CITY as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of this Agreement. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 5. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 2 SF-2000 Agree: EconOne-Edison 10/13100 - #3 6. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers compensation insurance and employers liability in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence; One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and Two Hundred Fifty Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. B. Professional Liability Insurance. CONSULTANT shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. SF-2000 Agree: EconOne-Edison 10/13/00 - #3 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days', prior written notice of CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 9. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its 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 services to be performed hereunder. 10. 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 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. 11. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 0 SF-2000 Agree: EconOne-Edison 10/13/00 - #3 12. 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. 13. 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. 14. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: Mathew Lamb Real Estate Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 with copies to: Scott F. Field Assistant City Attorney 2000 Main Street Huntington Beach, CA 92648 and David L. Huard, Esq. Jeffer, Mangels, Butler & Marmaro LLP 2121 Avenue of the Stars, 1 Oth Floor Los Angeles, CA 90067-5010 5 TO CONSULTANT: Martin Collette EconOne. 601 West 51h Street, 5th Floor Los Angeles, CA 90071 SF-2000 Agree: EconOne-Edison 10/30/00 - #3 15. 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. 16. 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. . 17. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 18. ENTIRETY The foregoing sets forth the entire Agreement between the parties. 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 MARTIN COLLETTE, dba EconOne CITY OF HUNTINGTON BEACH, a California municipal corporation By. City Attorney Martin Collette APPROVED AS TO FORM: REVIEWED AND APPROVED: City Administrator 0 City Attorney SF-2000 Agree: EconOne-Edison 10/13/00 - #3 1. 2. 3. 4. 5. CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION Name/Title/Department of Requesting Staff Member � (?O T+ 1'el (i( Date of Request / (5 // ;L-) n n Name of Contractor/Permittee ""' If. MA Un 2_ Description of work to be performe 6.. Length of Contract dara-yton Z,�z 7. Type of Insurance Waiver or Modification Requested: 911Q-40cg long2:el -- (92i?/ . (a) Limits: (b) Coverage 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE' 9. Reason for Request for Waiver or Reduction of Limits 10. Identify the risks to the City if this request for waiver or modifications granted Z,�2/z) .&S k Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve Deny. Risk Manager's Signature/Date (This section to be completed by City Attorney) Recommendation: Approve Deny City Attorney's Signature/Date�&41_ Settlement Committee appr Val [is [is not] required for this waiver. If Settlement Committee approval is required, submit this form to City Attom Office to be -placed on the agenda. Recommendation: Approve !/ Deny City.Council ap roval [is] [is not] required for this waiver. If City Council approval is required, attach this form to the RCA after consi y the Settlement Committee. This insurance waiver [is not] on City Council agenda. Reviewer's initials: jmp/mis/inswaiver/3/14/00 RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE SUBJECT: Waiver of Insurance Requirements for BAR Settlement Company, Inc.; RMS & Associates and.Martin L. Fackler M.D., for Consultant and Expert Witnesses Services COUNCIL MEETING DATE: November 6, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS.. REVIEWED - RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: