HomeMy WebLinkAboutGRC ASSOCIATES INC - 2000-05-181
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PROFESSIOI\AL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND
GRC ASSOCIATES, INC.
FOR
REDEVELOPMENT IMPLEMENTATION SERVICES
Table of Contents
Scope of Services
CityStaff Assistance................................................................................................2
Time of Performance..............................................................•.........2
Compensation..........................................................................................................2
Priorities..................................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents
...........................................4
HoldHarmless.........................................................................................................5
Workers' Compensation Insurance..........................................................................5
General Liability Insurance......................................................................................6
Professional Liability Insurance..............................................................................6
Certificates of Insurance..........................................................................................7
Independent Contractor............................................................................................8
Termination of Agreement.......................................................................................8
Assignment and Subcontracting...............................................................................9
Copyrights/Patents...................................................................................................9
City Employees and Officials......................................................................•...........9
Notices.....................................................................................................................9
Modification............... ....................................................................I
.... ........... I ........10
Captions...................................................................................................................10
SectionHeadings.............................................................................
......10
Interpretation of this Agreement..............................................................................10
DuplicateOriginal....................................................................................................I
I
Immigration......................................................................................:.......................11
Legal Services Subcontracting Prohibited...............................................................I
I
Attorney's Fees.........................................................................................................I
I
Entirety.....................................................................................................................12
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AN'D
GRC ASSOCIATES, INC.
FOR
REDEVELOPMENT IMPLEMENTATION SERVICES
THIS Agreement is made and entered into this day of RRf, 2000,
by and between the Redevelopment Agency of the City of Huntington Beach, a public body,
corporate and politic, hereinafter referred to as "AGENCY," and GRC Associates, Inc., a California
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, AGENCY desires to engage the services of a consultant to provide
redevelopment implementation services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows -
SCOPE OF SERVICES
CONSULTANT shall provide all services as described in the Request for Proposal
("RFP"), and CONSULTANT's Proposal dated April 12, 2000, (both of which are hereinafter
referred to as Exhibit "A"), which are attached hereto and incorporated into this Agreement by this
reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Stephen A. Copenhaver who shall represent it
and be its sole contact and agent in all consultations with AGENCY during the performance of this
Agreement.
4.`s:1-2000 Agree: GRC Assoc.
RLS 00-414
42500
•
2.. AGENCY STAFF ASSISTANCE
AGENCY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. 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 and all tasks specified in
Exhibit "A" shall be completed no later than ten (10) months from the date of this Agreement.
These times may be extended with the written permission of AGENCY. The time for performance
of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the
Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if
mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT a fee not to exceed Eleven Thousand Dollars ($11,000.00).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this Agreement, the
AGENCY's RFP, or the CONSULTANT's Proposal, the following order of precedence shall
govern: (1) Agreement, (2) the CONSULTANT's Proposal, and (3) the AGENCY's RFP.
6. 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 AGENCY. Additional compensation for such
extra work shall be allowed only if the prior written approval of AGENCY is obtained.
2
4's:4-2000 Agree: GRC Assoc.
RLS 00-4t4
4!25mOil
•
7. ;METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed fee
set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A."
B. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to AGENCY
to demonstrate progress toward completion of tasks. in the event AGENCY rejects or has
comments on any such product, AGENCY shalt identify specific requirements for satisfactory
completion. Any such product which has not been formally accepted or rejected by AGENCY shall
be deemed accepted.
C. CONSULTANT shall submit to AGENCY 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 AGENCY is satisfied that CONSULTANT
is making satisfactory progress toward completion of tasks in accordance with this Agreement,
AGENCY shall promptly approve the invoice, in which event payment shall be made within thirty
(30) days of receipt of the invoice by AGENCY. Such approval shall not be unreasonably withheld.
3
4 ;:4-2000 Agree: GRC Assoc.
RLS 00-4:4
4r2-400
•
If AGENCY does not approve an invoice, AGENCY shall notify CONSULTANT in writing of the
reasons for non -approval within seven (7) calendar days of receipt of the invoice, and the schedule
of performance set forth in Exhibit "A" shall be suspended until the parties agree that past
performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement
is terminated as provided herein.
D. Any billings for extra work or additional services authorized by AGENCY
shall be invoiced separately to AGENCY. 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 AGENCY if the work performed is in accordance with the extra work
or additional services requested, and if AGENCY 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.
8. 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, memoranda, letters and
other documents, shall be turned over to AGENCY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said
materials may be used by AGENCY in the completion of the PROJECT or as it otherwise sees fit.
Title to said materials shall pass to AGENCY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
4
4.'s:4-2000 Agree- GRC Assoc.
RLS 00-414
4(25l00
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save hold harmless AGENCY,
its officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out
of or in connection with CONSULTANT's 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 AGENCY. AGENCY shall be reimbursed by CONSULTANT for all costs and
attorney's fees incurred by AGENCY in enforcing this obligation.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation: CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder; and shall indemnify,
defend and hold harmless AGENCY from and against all claims, demands, payments, suit, actions,
proceedings, and judgments of every nature and description, including attorncy's fees and costs
presented, brought or recovered against the AGENCY, 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 maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars (S100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
4!s-4-2000 Agree- GRC Assoc.
RLS 00-4;4
4:`2 s. 00
• 0
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to
AGENCY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's covenant
to indemnify AGENCY, CONSULTANT shall obtain and furnish to AGENCY, a policy of general
public liability insurance, including motor vehicle coverage covering the PROJECT. The policy
shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope
of their duties, against any and all claims 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 propertydamage, including products/completed operations liability and blanket contractual
liability, of S 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 for this
PROJECT. The policy shall name AGENCY, its agents, its officers, employees and volunteers 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 the above -mentioned insurance contain a self -insured
retention. or a "deductible" or any other similar form of limitation on the required coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering the
work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
415-4-2000 Agree: GRC Assoc.
RLS 00-414
4.25 00
0 i
professional liability in an amount not less than S1,000,000 per occurrence and in the aggregate. 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 will make every effort to maintain similar insurance during
the required extended period of coverage following project completion,
including the requirement of adding all additional insureds.
C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to AGENCY certificates of insurance subject to approval of the Agency Attorney
evidencing the foregoing insurance coverages as required by this Agreement; the certificates 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 policies 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.
3!s-4-2000 Agree: GRC Assoc.
RL> 00-414
a/25/00
•
CONSULTANT shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by AGENCY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of AGENCY by CONSULTANT under the Agreement.
AGENCY 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.
14. 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 the AGENCY.
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.
15. TERMTN IATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
AGENCY 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 AGENCY
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 the AGENCY, become its property and shall be delivered to it by
CONSULTANT.
41sA-2600 Agree- GRC Assoc
-
RIS OD-t14
4!25Iao
0 0
16. 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 express written
consent of AGENCY.
17. COPYRIGHTS/PATENTS
AGENCY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
18. AGENCY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no AGENCY official nor any regular AGENCY
employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY
shall have any financial interest in this Agreement in violation of the applicable provisions of the
California Government Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in
Section I hereinabove) or to AGENCY's Director of Economic Development 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, addressed as follows:
TO AGENCY:
Director of Economic Development
City of Huntington Beach
2060 Plain Street
Huntington Beach, CA 92648
9
41s:4-2000 Agree: GRC Assoc.
RI-s 00414
41251:00
TO CONSULTANT:
Stephen A. Copenhaver
GRC Associates, Inc.
1340 Valley Vista Drive, Suite 120
Diamond Bar, CA 91765
20. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
21. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement
22. SECTION HEADINGS.
The titles, captions, section, paragraph, 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 maters 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.
23. 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 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
10
415:4-2000 Agree: GRC Assoc_
RL5 00-414
ar251o0
• 0
future statute, law, ordinance or regulation contrary to which the parties have no right to contract,
then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the law.
24. 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 of the parties hereto shall retain an
originally signed copy hereof. Each duplicate original shall be deemed an original instrument as
against any party who has signed it.
25. 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.
26. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and AGENCY agree that AGENCY 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
AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
27. 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.
415:4-2000 Agree: GRC Assoc.
RLS 00-414
412 5'00
0
28. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITLESS 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
GRC ASSOCIATES, NC.
a California corporation
By: -
St Aphen A. Copenhaver
print name
ITS: (circle one) Chairrna Preside 'ice President
AND
By 1"t� Q&Jue��
Vicki CopenhVaver
print name
ITS: (circle one) Secretary/Chief Financial Officer` sst.
ccretary• —Treasure
4:s:4-2000 Agree: GRC Assoc.
K I_S 00-41 4
a25 00
REDEVELOPMENT AGENCY OF THE
CITY OF HUl\TINGTON BEACH, a public
body, c orate and politic,
r ctor of Economic Devel ment
APPROVED AS TO FORM:
PA-,A�gency General Counsel r%�y.+'
VITIATED, REVIEWED AND APPROVED:
12
e�� � _
Ex6futive Director
0 •
.
EXHIBIT. "A"
RECEIVED
= .APR 2.0 2000
f,
April 12; 2000 DEPARTMENT OF
ECONOMIC DEVELOPMENT,
ECONOMIC DEVELOPMENT-
Mr. Gustavo Duran ,
Housing and Redevelopment Manager ;
City of Huntington_ Beach.
REDEVELOPMENT -
2000 Main Street
Huntington Beach, CA 92648
REAL ESTATE CONSULTING -
Re: Amendment to Agreement
AFFORDABLE HOUSING
Dear Mr.. Duran:.
Please accept thi§.letter as a request to.amend our agreement between
-the Redevelopment Agency of the City of Huntington _Beach and .GRC .
-
Associates, Inca in- the amount of $11,000.00.- This.additional amount.
will allow us to provide on -going implementation services for..
redevelopment efforts. Please call if. you require any assistance. We
have . -not- `included 'our 'qualifications because- they have been
previously provided to the Agency.'-,
We enjoyed working with the Agency -ori"the housing cost.issue and
appreciate the - opportunity of continuing to work_ with the City_ and
Agency .
Respectfully. submitted,
Stephen [fir. Copenhaver
President .
1340 VALLEY VISTA DRIVE
SUITE 120
DIAMOND BAR, CA 91765
_ - - . • - - -
- T: (909) 396-7714
- F: (909) 396-7913
E: grcassoc@earthlink.nei
e'AIA
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/DepartrnentofRequesting Staff Member: Economic Development/Greg Brown_
2. DateofRequest: February 2, 2000 ~
3. Name of Contractor/Perrnittee: GRC Incorporated
4. Description of work tobe performed; written analysis of construction costs.
Costs not to exceed.$9000 (nine. thousand) dollars.
5. Length o Contract: Minimum six months.
6. Type of Insurance Waivaror Modification Requested: waiver of professional liability.
No coverage for professional liability.
(a) Limits:_ (b) Coverage:
7. Reason for Request for 'Raiver or Reduction of Limits-. Consultant -will be hired to analyze
construction cost data and market conditions of single family and
multifamily housing in the local market area.
8. Identify the risks to the City if this request for %vaiver or modifications granted: No risks seem probable.
Department Head Signature:
(This section to be completed by the Risk Manager)
Recommendation:
Approve "' Deny Risk vianager's ig ature to
(This section to be completed by the City Attorney)
Recommendation
Approve V Deny City Attorney's Signature/Date
Settlement Committee approval is not equired for this waiver, If Settlement Committee approval is required, submit
form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny
City Council approva ' [i5 not] r uired for this waiver. If City Council approval is required, attach this form to the
RCA after consideration by t tlement Committee. This insurance waiver [is] [is not] on City Council agenda.
implk/resoutionfins req/7J19/98
7
Ac��o� C E RT � F S CAT Q F
..
L! A B I L� TY ! iV S U: R. C �P lO .DK a�rE cMMroDmri
02/02/00
ORODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tohns Insurance Agency, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
;icense #0589663
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
[ALTER
?. O. Box 660339
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
k.rcadi.a CA 91066
COMPANIES AFFORDING COVERAGE
COMPANY
none No. 626-445-7030 Far No.
A Travelers Indemnity Co of IL
NSURED
COMPANY
0
COMPANY
GRC Associates, Inc.
C
1340 Valley Vista Dr., Ste. 120
COMPANY
Diamond Bar CA 91765
FD
;OVERAGES :
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.
R
TYPO 0= INSURANCE '
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMOOIYY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE S 2,000,000
X COMMERCIAL GENERAL LIABILITY
I-660-456L6360-�TIL-99
12/01/99
12/01/00
PRODUCTS •COMP/OP AGG S2,000,000
CLAIMS MADE 4O OCCUR
PERSONAL a AOV INJURY S EXCLUDED
i EACH OCCURRENCE 1 5 1,000,000
OWNER'S & CONTRACTOR'S PROT
I
1
4
I FIRE DAMAGE (Any one fire) 3 100,000
MED EXP (Anyone Gerson) + $ 5,0()0
AUTOMOBILE LIABILITY
I CCMB'NED S;NGLE LIMIT
. S 11P000,000
I ANY AU-0 I-660-456L6360-TIL--99
12/01/99
12/01/00
S
ALL OWNED AUTOS I
I
y j BODILY INJURY
SCHEDULED AUTOS
(Par person)
X ti HIREO AUTOS
t
1I
BODILY INJURY
I (Per accident
L
X j NON•OWNED AUTOS
PRpPERTY DAMAGE
5
GARAGE LIABILITY
AUTO ONLY • EA ACC:OENT
S
OTHER THAN AUTO ONLY'
ANY AUTO
y. 4
_ -
EACH ACCIDENT
5
AGGREGATE
S
EXCESS LIABILITY
I I EACH OCCURRENCE 5 - -
UMBRELLA FORM
I
AGGREGATE '- S
OTHER THAN UMBRELLA FORM
f
I
I WORKERS COMPENSATION AND
WG STATU- 07r•L;
I LIMITS ER i
EMPLOYERS LIABILITY
EACH
y �L EI ACH ACCIDENT 1
r-
THE PROPRIETOR! j INCL /� - , ,
- •-�
.:. -.
- - - --.
- • • _• • `
r. n
-•. v - . ��..
i EL CISEASE - POLICY LIMIT 1 S
PARTNFRS.'EXECUTIV[1
OFFICERS ARE 177 EXCL'
EL DISEASE • EA EMPLOYEE , S
OTHER
l
I
y
� I
SCRIPTION OF OPERATIONSROCAnONS(VEHICLESISPECIAL ITEMS
10 day notice o£ cancellation in the
event of nonpayment of premium.
he Cit of Huntington Beach, its aggents officers and employees are named
CGT491
s additional insured per the attached
additional insured
ndorsement.
_RTIFICATE HOLDER
.-.' CANCELLATION .
HUNT00 3 SHOULD ANY OF THE ABOVE DESCRMEO POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY W.LL MAY0 MAIL
30* DAYS WRIUEN NOTICE TO THE CERT07tCATE HO_CER NAMED TO 7HE LEFT.
City of Huntington Beach
Attn: Greg Brown���
2000 Main Street
Huntington Beach CA 92648
IIz`EORE kIVFL6L L �
;ORD 25-S (1/95)
- .. ACORD CORPORATION 1988
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: I-660-456L6360-TIL-99 ISSUE DATE: 1 2/01 /99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED.- DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization:
City of Huntington Beach
its agents, officers and employees
Attn: Greg Brown
2000 Main Street.
Huntington Beach, CA 92648
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your acts or omissions.
CG T4 91 .11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
001
FF,E. i �-00' TOE 16 : 35
GRC-C�NHAVER, INC.
FAX N0, 809j1913
6. Subject to 5, above, the Fire Damage Limit is the
most we will pay under Coverage A for damages
because of "property damage" to premises, while
rented to you or temporarily occupied by you with
permission of the owner, arising out of any one
fire.
7. Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury" sus-
tained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with- the beginning of the policy period shown in the
Declarations, unless the policy period is extended af-
ter issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy.
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obliga-
tions under this Coverage Part.
2, Duties In The Event Of Occurrence, Offense,
Claim Or Suit.
a. You must see to it that we are notified as
soon as practicable of an "occurrence" or an
offense which may result in a claim_ To the
extent possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written no-
tice of the claim or "suit" as soon as practica-
ble
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
CC. ERCIAL GENERAL LIABILITY
pers received in connection with the claim
or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation,
settlement or defense of the claim or
"suit'; and
(4) Assist us, upon our request, in the en-
forcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. No insureds will, except at their own cost, vol-
untarily make a payment, assume any obliga-
tion, or incur any expense, other than for first
aid, without our consent.
3. Legal Action Against Us.
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured;
or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that are not
payable under the terms of this Coverage Part or
that are in excess of the applicable limit of insur-
ance. An agreed settlement means a settlement
and release of liability signed by us, the insured
and the claimant or the claimant's legal repre-
sentative.
4. Other Insurance.
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as
a. Primary Insuranc
insurance is primary except when b. be-
low applies. If this insurance is primary, our
obligations are not affected unless any of the
other insurance is also primary. Then, we will
share with all that other insurance by the
method described in c. below.
CG 00 01 10 93 Copyright, Insurance Services Office. Inc.. 1992 Pang 7 of 1 1
FU, :1 c,-Oa -TUE 16 : 37 GRC-CWHAVER, INC.
COMMERCIAL GENERAL Ll, CITY
b, Excess Insurance.
This insurance is excess over any of the other
insurance, whether primary, excess, contin-
gent or on any other basis:
(1) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or similar
coverage for "your work";
(2) That is Fire insurance for premises rented
to you; or
(3) If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Coverage A (Section t).
When this insurance is excess, we will have
no duty under Coverage A or B to defend any
claim or "suit" that any other insurer has a
duty to defend. If no other insurer defends, we
will undertake to do so, but we will be entitled
to the insured's rights against all those other
insurers.
When this insurance is excess over other in-
surance, we wiii pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other insur-
ance would pay for the loss in the ab-
sence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.
VVe will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply In excess of the
Limits of Insurance shown in the Declarations
oflhis CdNi6rage Psr _ _
c. Method of Sharing
If all of the other insurance permits contribu-
tion by equal shares, we will follow this
method also. Under this approach each in-
surer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contrib-
ute by limits. Under this method, each in-
surers share is based on the ratio of its
applicable limit of insurance to the total appli-
cable limits of insurance of all insurers.
FAX N0, 9093�7913 P.O6
5. Premium Audit.
a. We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the eamed'premium for that period. Audit pre-
miums are due and payable on notice to the
first Named Insured. If the sum of the advance
and audit premiums paid for the policy period
is greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium_ compu-
tation, and send us copies at such times as
we may request.
6. Representations.
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
b. Those statements are based upon repre-
sentations you made to us; and
c. We have issued this policy in reliance upon
s.
7. Separation Of lrtsureds,
ect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured. and
Separately to each insured against whom
• ` claim is made o"r "suit" is tirought_" -
8. Transfer Of Rights Of Recovery Against Oth-
ers To Us.
if the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights .are transferred to us. The in-
sured must do nothing after loss to impair them.
At our request, the insured will bring "suit" or
transfer those rights to us and help us enforce
them.
9. When We Do Not Renew.
If we decide not to renew Mis Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewat not less than 30 days before the expi-
ration date.
Page 8 of 11 Copyright, Insurance Services Office. Inc 1Q47 re- nn n, ,n o-)
'7-09 MON 10:12 GRC-CQWHAVER, INC. FAX NO. 90939 7913 p, 02
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CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: CONNIE BROCKWAY, City Clerk
FROM: ARTHUR DE LA LOZA, Deputy City Attorney
DATE: March 21, 2000
SUBJECT: GRC-AGENCY CONTRACT; RLS—00-253
David Biggs has requested that we provide a memo to the City Clerk confirming that the
Ordinance Code allows a Department Head to enter into an under $20,000 A enc
Agreement. (Emphasis in original RLS)
Redevelopment Agency resolution No. 1 provides that "Except as otherwise provided by
Community Redevelopment Law ... the rules of procedure for the City Council as set
forth in the Charter of said City shall also apply to the City Council acting as the
Redevelopment Agency insofar as such rules can be made applicable." Therefore
since the City Council has authorized Department Heads to enter into contracts for City
contracts, the same rules, "can be made applicable" to the contract procedure as well:
Accordingly, if the contract under City Council procedures is permitted then it should
likewise be permitted as an Agency contract.
If you have any questions please let me know at extension 5620.
ARTHUR DE LA LOZA
Deputy City Attorney
ladl
c: Gail Hutton, City Attorney
David Biggs, Director, Economic Development