HomeMy WebLinkAboutHARRIS REALTY APPRAISALS - 2003-10-21Su ity
Hunt Beach•
To: Connie Brockway, City Clerk
Contracts Submittal to
City Clerk's Office
A
2094 JUL P 512 0
1. Name of Contractor: Harris Realty Appraisals
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
prepare CFD Appraisal for development known as the "Strand "
3. Amount of Contract:
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer _ ORIGINAL bonds sent to Treasurer
gariie/ExVnsion �X
City Attomey's Office
Date: 7/7/04
g:/Attymisc/forrns/city clerk contract transmittal.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTONEACH AND
FOR
Cm_t12-
THIS AGREEMENT ("Agreement") is made and entered into this ;� 157^ day of
l�� 205, by and between the City of Huntington Beach, a municipal
corporation of%the
State of California, hereinafter
referred
as "CITY, and
S e
�V A ff --, a
Qto
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT.
,,ll a
CONSULTANT hereby designates JAAArt$ �. e, who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/fonw/profsery 10/1510 1 -A I
- � t
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 IiS�F12 3T o , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than l% JU ,9,►�-�! from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Dollars ($ "Ty, O D U . o o ).
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
agrec/fonns/profserv10115101-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 contairXed 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
agree/forms/profservl0/15101-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.
agrcc/forms/profscrv10115101-A 4
C
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either parry, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
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
agree/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
er
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, became
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 subconsulltants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTSMATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: 45�111Vo A . ���k_►2-�±�1
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/profsery 10/15/01 -A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/fomu/profsery10/ 15/01-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that -such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
. 24. ATTORNEY'S FEES
In the event suit is brought by either parry to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forras/profserv10/15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/fomis/profserv10/15/01-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,
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
64d 6
Director of ril cvylul .
By:7 (Pursuant To HBMC §3.03.1 0)
8
print name
I : (ci le one) Chairm residentN' a President
AND
By:
pent name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary — Treasurer
agree/forms/profservl0/15101-A I 1
APPROVED AS TO FORM:
16� no - rl- t '-V� —
/V/ph3l City Atto ey
REVIEWED AND APPROVED:
City Administrator
(only for contracts $50, 000.00 and over)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents
...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
IndependentContractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety..................................................................................................I...................10
4
Exhibit "A"
PROPOSAL
Real Estate Appraisal Services
City of Huntington Beach
THE STRAND
Community Facilities District
Harris Realty Appraisal
5100 Birch Street, Suite 200
Newport Beach, CA 92660
949/851-1227
Contact: James B. Harris, MAI
AG001846
9
Harris Realti Appraisal �
5100 Birch Street, Suite 200
Newport Beach, California 92660
949 - 851-1227 FAX 949 - 851-2055
April 21, 2003
Mr. Gustavo A. Duran
Housing and Redevelopment Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
RE: Proposal for Appraisal Services
City of Huntington Beach
The Strand Community Facilities District
Dear Mr. Duran:
In response to your request and our review of the RFP for the appraisal of The
Strand Community Facilities District, HARRIS REALTY APPRAISAL is subrnitting the
following Proposal for Appraisal Services for the proposed City of Huntington Beach
CFD No. 2003-1. It is our understanding that this appraisal will be for the purpose of
estimating the "As Is" Market Value of the taxable property within the boundaries of the
proposed CFD. In addition, the Market Value, assuming the completion of all proposed
improvements will be reported. It is also our understanding that the City will use this
appraisal for the issuance of bonds for the proposed CFD.
The proposed CFD will be of The Strand, a hotel/retail project. The proposed
improvements include approximately 227,000 square feet of hotel (149 rooms), office
and retail uses. The parcel for these uses is approximately 3 acres in size.
The subject property will be valued by a Developmental Analysis, in combination
with the Direct Comparison and Income Approaches to value the individual uses. A
discounted cash flow, giving consideration to the absorption estimates provided by the
absorption consultant, will be completed. Due to the various proposed uses and their
various development schedules, a stand-alone absorption study would be beneficial to
the appraiser and the City. The estimated values will reflect the bulk value of the "As Is"
and "As Complete" condition of the property.
According to your request, and in compliance with the California Debt and
Investment Advisory Commission (CDIAC), the valuation will include the "As Is" Market
Value giving consideration to the proposed development to be partially funded by this
CFD. In addition, the Market Value, assuming the completion of all proposed
improvements will be reported.
Harris Realty Appraisal is an independent appraisal contractor, which has
operated for business in Southern California since 1982. Harris Realty Appraisal has
provided appraisal services to numerous public agencies for 21 years. (Please refer to
Mr. Gustavo A. Duran
April 21, 2003
Page 2
our qualifications.) James B. Harris is a MAI (No. 6508) and is a Certified General
Appraiser (No. AG001846). He has appraised many shopping centers. Berri J. Cannon
is a Certified General Appraiser (No. AG009147). They have completed numerous
appraisals of Community Facility Districts and Assessment Districts in Los Angeles,
Orange, San Diego, Ventura, San Bernardino, and Riverside Counties over the past ten
years. Kenton Boettcher, a Certified General Appraiser (No. AG010922), offers a
dimension to Harris Realty Appraisal, not typically found in appraisal offices. Kenton
Boettcher offers over twenty years of experience in real estate related market analysis
and feasibility studies. This area of expertise is particularly applicable in the valuation
of proposed properties.
Harris Realty Appraisal will provide appraisal services that will be consistent with
all recognized and applicable standards. These include the Uniform Standards of
Professional Practice (USPAP) of the Appraisal Foundation; the Code of Professional
Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute;
and the Appraisal Standards for Land -Secured Financings, as published by the
California Debt and Investment Advisory Commission (CDIAC). The City's Consultant
Services Agreement will also be complied with. The methodology utilized will be
consistent with the above standards and will fully support the appraised vague, which
will represent our opinion. This self-contained narrative report will be fully documented
and will lead the reader to our conclusion of value. It will have a date of value of our last
inspection of the property, currently anticipated to be in early 2004. As a part of this
assignment we will complete a summary of the appraisal for publication purposes in the
POS/OS.
The scope of this assignment will be to arrive at the "As Is" Market Value of the
land and any improvements, and the "As Complete" value, within the boundaries of the
District. The commercial property will be valued by Direct Comparison with similar retail
property sales. In compliance with the Standards of the Appraisal Institute, we will
complete a cursory review of the market to test the reasonableness of the absorption
estimates, provided by the absorption consultant, for use in the Developmental
Analysis. The scope stated in the RFP will be followed.
In addition, there will most likely be several meetings concerning this assignment
with the City and Finance Team. Our appraisal will also be subject to review, at which
time we will address any questions and resolve any and all issues, rendering a final
value conclusion.
Harris Realty Appraisal does not have a financial, business or other relationship
with any entity that may have a conflict or impact on the outcome of the Real Estate
Appraisal Services to be provided to the City. Harris Realty Appraisal will complete all
components of this project in a timely manner. At this time, Harris Realty Appraisal is
not providing appraisal services to any client that would have an interest in the outcome
of the services we propose to provide.
Mr. Gustavo A. Duran
April 21, 2003
Page 3
Harris Realty Appraisal has completed over fifty-five Community Facilities District
appraisals over the last five years. These appraisals were completed for the following
agencies: California State University, City of Riverside, County of Riverside, County of
Orange, City of Los Angeles, City of Camarillo, City of Fullerton, City of Lake Elsinore,
City of Fontana, City of San Marcos, City of Perris, City of Beaumont, City of
Oceanside, City of Victorville, Eastern Municipal Water District, Ramona Municipal
Water District, Rancho Santa Fe Community Facilities District, the Val Verde Unified
School District, and the Saddleback Valley Unified School District.
We have appraised master planned communities containing over 50,000 existing
residential dwelling units, 20,000,000 square feet of industrial and office buildings,
5,000,000 square feet of retail shopping centers, land proposed for residential uses that
range up to 2,500 acres, land proposed for commercial and industrial uses that range
up to 800 acres, and land in agricultural preserve that range up to 18,000 acres, all for
Community Facilities and Assessment Districts. A portion of the Community Facilities
Districts appraised by Harris Realty Appraisal are included as a separate exhibit to this
proposal.
For this assignment, we are anticipating two to three meetings with the Finance
Team. A preliminary draft appraisal will be available within 90 days after authorization to
proceed and receipt of all necessary information to complete the assignment. The
completed self-contained narrative report will be available two weeks following the
review of the draft appraisal. The summary appraisal report for inclusion in the
Preliminary Official Statement and Official Statement will take approximately one week
after the completion of the final appraisal report. This timing estimate is based on the
awarding of the contract within four weeks, and the receipt of all necessary items within
two weeks of starting on this assignment. Given our current understanding of the
appraisal assignment, our fee for all services will be $40,000.
The appraisal will first be provided as a draft report for review. Five copies of the
final report will be provided after the review process. A synopsis of the full self-
contained report will be provided for use in the Official Statement, if requested. A
certificate will be provided stating the appraisal report/synopsis is complete and not
misleading.
The complexity and timing of this assignment warrant the participation of only
senior appraisers who have completed numerous similar assignments. Therefore, the
completion of your assignment will be by James B. Harris, MAI and Berri J. Cannon.
Kenton Boettcher may be utilized in conjunction with the highest and best use analysis,
if warranted. The hourly rate for James Harris is $200.00. The hourly rate for Berri
Cannon and Kenton Boettcher is $175.00. If awarded this assignment, Harris Realty
Appraisal will comply with the City's insurance and business license requirements.
Covered within the billable rates are the typical expenses anticipated for this
assignment. Additional meetings above those anticipated will be invoiced separately. If
there should be a need to redo the analysis based on a change in the assignment by
the City, an additional charge may be required. If there is a need for more than five
Mr. Gustavo A. Duran
April 21, 2003
Page 4
copies of the appraisal reports, an additional charge, based on costs will be invoiced. If
we are awarded the contract, we will be requesting a retainer upon authorization.
The contact person will be James B. Harris. My direct line is 949-851-1227 and
the fax line is 949-851-2055. My e-mail address is jharrismai@aol.com. If awarded this
assignment, Berri Cannon and I will be working on the appraisal and will be available to
answer any questions you might have throughout the assignment. Our qualifications are
included in this appraisal package. Business references of Harris Realty Appraisal are
also included.
Harris Realty Appraisal appreciates the opportunity to provide this proposal
package. If you have any questions or would like to set up an interview, please call.
AUTHORIZATION TO PROCEED
AS SET FORTH ABOVE:
By
Title
Date
Respectfully submitted,
)ames B. Harris, MAI
G 001846
a
� 1
•
Exhibit "B"
City of Huntington Beach
THE STRAND
Community Facilities District
PROPOSEDFEE
A. Total Fixed Rate
B. Hourly Rate
James B. Harris, MAI $200.00
Berri J. Cannon $175.00
Kenton Boettcher $175.00
$40,000.00
M
0
The Strand
CFD Appraisal Consultant List
John S. Adams & Associates, Inc.
5100 Birch Street
Newport Beach, CA 92660
Phone: (949) 833-1972
Fax: (949) 851-2055
Jerry Vogt
Jerry Vogt & Associates
33191 Paseo Blanco
San Juan Capistrano, CA 92675
Phone: (949) 489-8029
glvoogt(a)cox.net
Jim Harris, MAI
Harris Realty Appraisal
5100 Birch Street, Ste. 200
Newport Beach, CA 92660
Phone: (949) 851-1227
Fax: (949) 851-2055
Bruce Hull, MAI
1056 E. Meta #202
Ventura, CA 93001
Phone: (805) 641-3275
FAX: (805) 641-3278
bhu1186686@aol.com
SU ' PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: Gus Duran
2. Date: October 22, 2003
3. Name of consultant: Harris Realty Appraisal
4. Description of work to be performed: CFD Appraisal - The Strand
5. Amount of the contract: $40,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 30580101.69365
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.
5WHARWAMADRIL, Man ger
Purchasing/Central Services
If the answer to any these questions is "No," the contract will require approval from the City Council.
PurchCert 6/22/2004 11:31 AM
07/01/2004 08:32 FAX 8059620652
0
LIABILITY INSURANCE 4 002/002
e\f 52 C- i
CEI TIFIC:i,TE OF INSURANCE
' Pmdu; tr:
Lsue Dacc: 07/01/2004
This Certificate is issued as a matter of information only and
I
LIABILITY INSURANCE ADMINISTRATORS
confers no rights upon ncc Certificate Holder. This Cerrifcatc
P.O. Box 1319
does not ameW, cxtvnd or almr the coverage afforded by the
Sania Barbara, CA 93102-1319
policy below.
Insured: 101175
COMPANY AFFORDING COVERAGE
HARRIS REALTY APPRAISAL
James B. Harris, MAI
Liberty Insurance Underwriters, Inc. `
5100 Birch Street, Suite 200
Newport Beach, CA 92660
I
Fax Number 949-851-2055
Authorize eprescntative
This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period
indicated. Notwithstanding any requirement, term of condition of any contract or other document with respect to which this
Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms,
exclusions and conditions of such policy. Limits shown may have been Tcduced by paid claims.
TYPE OF INSURANCE
POLICY NUMBER
E TECTrvE DATE
EXPIRATION DATE
LIMITS
Professional Liability
LIL1003120-003
05r04/2004
05104/2005
General Aggregate
i
S ),1)00.000
s
Each Claim
1,000,006
i
Description of Operations/Locations/Special items: i
REAL, ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE EVIDENCE OF INSURANCE
Certificate Holder:
Cancellation:
City of Huntington Beach
Should the above described policy be cancelled before the
Attn: Gus Duran, Department of Economic Development
expiration date thereof, the issuing Company will
2000 Main Street
mail 30 days notice, except 10 days notice for nonpayment or
Huntington Beach, CA 92648
premium, to the certificate holder named to the left.
i
APPROVED AS TO FORM j
LIA0001 (1 1 /97)
.rasa�a�aa'a�n k;�TiCl1l � l>tly t4 II1G / �
Certificate Holder Copy
JUL-01-2004 08:39
8059620652 136% P.O;)
t
s ,situ INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Gus Duran-I
2. Date: August.
3. Name of contractor/permittee: Harris Realty Appraisal
4. Description of work to be performed: CFD Real Estate Appraisal
5. Value and length of contract: $40,000 Untill Dec. 31, 2004
6. Waiver/modification request: Waiver of Deductible / Acce-pt` 'jj°�`�`(�'
7. Reason for request and why it should be granted: Consultant is meJy providing a written
document to serve as the basis for the issuance of a Mello -Roos bond.
8. Identify the risks to the City in approving this waiver/modification: None
A4
Department Head Signature D te:
APPROVALS
Approvals must beobtainedin the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrators Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
Approved ❑ Denied y
Signature Date
2. City Attorney's Office
pproved ❑ Den' 4
v !�
Signatur Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted: to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
�__..�........ 0 1_.d_...._:A__a:__ IAA—:...... 0/A AInnn0 O.AC MA A
i
Date Issued: Polic Number: Previous Policy Number:
05/06/2003 LWO03120-002 LI0003120-001
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
LibertyInsurance
Underwriters L=_
55 Water Street, 18th Floor
New York. NY 10041
Item
THIS IS A CLAIMS MADE AND REPORTED POLICY.
PLEASE READ IT CAREFULLY.
LIBERTY INSURANCE UNDERWRITERS, INC. (herein called "the Company")
DECLARATIONS
1.
Customer ID: 101175
Companies writing property and casualty
Named Insured:
insurance business in California are required to
HARRIS REALTY APPRAISAL
participate in the California Insurance Guarantee
Association. If a company becomes insolvent,
James B. Harris, MAI
the California Insurance Guarantee Association
5100 Birch Street, Suite 200
settles unpaid claims and assesses each
insurance company for its fair share. California
Newport Beach, CA 92660
law requires all companies to surcharge policies
to recover these assessments. If your policy is
"CA
2. Policy Period:
surcharged, Surcharge" with an amount will
From: 05/04/2003
To: 05/04/2004
be displayed on your premium notice.
12:01 A.M. Standard Time at the
address stated in
Item 1.
3. Deductible: $1,000.00
Each Claim
APPRS- l 1`_D lU roRm J�
4. Retroactive Date:
05/04/1998
5. Inception Date:
05/04/2002
6.
Limits of Liability:
The Limit of Liability for Each Claim and in
A. $1,000,000.00
Each Claim the Aggregate is reduced by Damages and
B. $1,000,000.00
Aggregate Claims Expenses as dermed in the Policy.
7.
Mail All Notices to Agent:
Liability Insurance Administrators
1600 Anacapa Street
Santa Barbara, California 93101
(805) 963-6624; Fax: (805) 962-0652
8.
Annual Premium:
$1,015.00 + $20.30 CA Surcharge
9.
Number of Appraisers:
1
10.
Forms attached at issue: LIA002 (07/01) LIA012 (07/01) LIA013 (07/01) LIA024 (07/01)
TRIA Form C (01/03)
This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the
LIA001 (07/01)
By
Authorized Signature
W Liberty Insurance Underwriters,,
Liberty (hereinafter called "the Company")
]n prance REAL ESTATE APPRAISERS
Underwriters lino— PROFESSIONAL LIABILITY INSURANCE POLICY
THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT
ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY IN WRITING NO LATER THAN Sum (to)
DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE
RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY.
All words that are In bold face type, other than the caption titles,
have special meanings set forth In Section IV., DEFINITIONS, of
the Policy.
In consideration of and subject to the payment of the premium, the
agreement of the Named Insured to pay the Deductible amount stated In
the Declarations and described herein, and In reliance upon the particulars,
statements, representations, attachments and exhibits contained in and
submitted with the Application which shall be the basis of this Policy and
deemed to be incorporated herein, and subject to all the terms, conditions,
limitations and any endorsements to this Policy, the Company and Named
Insured agree as folkhws:
I. INSURING AGREEMENTS
(A) The Company will pay on behalf of the Insured all sums in
excess of the Deductible amount stated In the Declarations
which the Insured shall become legally obligated to pay as
Damages and Claims Expenses resulting from Claims first
made against the Insured during the Policy Period, or
Extended Reporting Period, If applicable, as a result of a
Wrongful Act by the Insured or any Entity for whom the
Insured is legally liable, provided that:
(1) such Wrongful Act was committed on or after the
Retroactive Date and before the end of the Policy
Period; and
(2) prior to the Inception Date stated in the Declarations of
this Policy, the Insured did not know or could not have
reasonably expected that such Wrongful Act might give
rise to a Claim.
As a condition precedent to coverage. the Insured shall report
all Claims In writing to the Company as soon as practleable,
but in no event later than sixty (60) days after expiration or
termination of this Policy, or during the Extended Reporting
Period, if applicable.
(B) The Insured shall not admit or assume liability for any
Wrongful Act, or settle any Claim, or incur any expenses,
including Claims Expenses, without the written consent of
the Company. However, the Insured must take all reasonable
action within its ability to prevent or mitigate any Claim which
would be covered under this Policy. The Company has the
right to make such investigation and conduct negotiations and,
with the written consent of the Insured, effect settlement of
any Claim as the Company deems reasonable.
If the insured refuses to consent to a settlement recommended
by the Company and elects to Contest or continue to contest
the Claim, the Company's liability shall not exceed the amount
for which the Company would have been liable for Damages
and Claims Expenses if the Claim had been so settled when
and as so recommended, and the Company shall have the
right to withdraw from the further defense of the Claim by
tendering control of the defense thereof to the Insured. The
operation of this paragraph shall be subject to the Limits of
Liability and Deductible provisions of this Policy.
The Company shall not be obligated to pay any Damages
and/or Claims Expenses, or to undertake or continue the
defense of any Claim afterthe applicable Omit of the Company's
liability has been exhausted by payment of Damages and/or
Claims Expenses or after deposit of the applicable limit of
the Company's liability with or subject to control of a court of
competent jurisdiction.
It. TERRITORY AND DEFENSE
(A) The coverage afforded by this Policy applies worldwide, but
only N the Claim Is made in the Unites States of America, its
territories and possessions, or Canada.
(B) The Company has the sole right to appoint defense counsel
and the right and duty to defend any Claim made against the
Insured.
Ill. SUPPLEMENTAL PAYMENTS
Subject to all other terms end conditions, this Policy affords the
following Supplemental Payments. Any payment made by the
Company under this section shall not apply to the Deductible and
shall not reduce the Limits of Liability.
(A) PRE -CLAIM ASSISTANCE
If during the Policy Period the Insured reports a specific
Wrongful Act in accordance with Conditions (A) of this Policy,
the Company, at its sole option, may investigate such specific
Wrongful Act as it deems appropriate. Once the Company
has incurred $5,000 of expenses for such an investigation,
the Company shall deem that a Claim arising from such
specific Wrongful Act has been made. Until such time that a
Claim arising from such specific Wrongful Act has or is
deemed to have been made, any amounts incurred by the
Company for such Investigation shall be at the Company's
expense.
(B) DISCIPLINARY PROCEEDINGS
If a Disciplinary Proceeding Is commenced against the
insured during the Policy Period and reported to the Company
within sixty (60) days of the Insured's receipt of first notice of
the Disciplinary Proceeding, the Company will reimburse the
Insured for reasonable attorney's fees Incurred in responding
to such Disciplinary Proceeding, provided such fees are
incurred by an attomey(s) designated by the Company, or
designated by the Insured with the written consent of the
Company. The maximum payment made by the Company
pursuant to this Supplemental Payment shall be $2,500 for
each Policy Period regardless of the number of Disciplinary
Proceedings. The Company shall not pay Damages pursuant
to this provision, including but not limited to any fines, sanctlons
or statutory penalties.
(C) REIMBURSEMENT OF EXPENSES
If the Insured is requested by the Company to attend hearings.
depositions and trials relative to the defense of a Claim, the
Company shall reimburse the insured's actual loss of earnings
and reasonable expenses due to such attendance up to $250
per day. The maximum payment made by the Company
pursuant to this Supplemental Payment shall be $2.500 for
each Policy Period.
LIA002 (7/01) Psgc h of 6
MAY-29-2003 19:22 9498512055 98% P.02
? IV. DEFINfTION5 •
(A) "Clalen' means receipt of a demand naming the Insured
seeking Damages and/or Professional Services arising out
of a Wrongful Act by the Insured or any Entity for whom the
Insured is legally liable.
(8) "Claims Expenses' means:
(1) Reasonable and necessary fees charged by an
attomey(s) designated by the Company, or designated
by the Insured with the Company's written consent,
to defend a Claim and;
(2) All other fees, costs and charges, resulting from the
investigation, adjustment, defense, and appeal of a Claim,
if Incurred by the Company, or by the Insured with the
Company's written consent, including premiums on
appeal bonds, provided that the Company shall not be
obligated to apply for or furnish such appeal bonds.
The determination by the Company as to the reasonableness
of Claims Expenses shalt be conclusive on the Insured.
Claims Expenses do not include salary charges, wages
or expenses of partners, principals, officers, directors, members
or employees of either the Company or Insured.
(C) "Damages" means a compensatory monetary amount for
which the Insured may be held legally liable, Including
judgments (Inclusive of any pre- or post -judgment Interest),
awards, or settlements negotiated with the approval of the
Company. Damages do not include any return, withdrawal or
reduction of professional fees, profits or other charges, or fines,
sanctions, taxes or penalties. Damages do not Include any
punitive or exemplary damages, attorney fee awards or the
multiple portion of any multiplied damage award.
(D) "Disciplinary Proceeding" means any proceeding,
investigation or review by a regulatory or disciplinary official,
board or agency to investigate charges of professional
misconduct In the performance of Professional Services.
(E) "Entity" means any individual, sole proprietor, partnership, or
corporation or other form of association recognized as such
by law, but does not include any joint venture In which the
Insured is a participant.
(F) 'Extended Reporting Period" means the applicable period
of time after the end of the Policy Period for reporting Claims
arising out of Wrongful Acts committed or alleged to have
been committed prior to the end of the Policy Period and on
or subsequent to the Retroactive Date, and otherwise covered
by this Policy.
(G) "Inception Date" maans the effective date of the first Real Estate
Appraisers Professional Liability Insurance Policy issued by the
Company, or another member company of the Liberty Mutual
Group, to the Named Insured and continuously renewed and
malntalned in effect up to the inception of this Policy Period.
(H) 'Insured" means only the following:
(1) The Named Insured designated in Item t of the
Declarations, or by endorsement to this Policy:
(2) . Any person who is, was, or hereafter becomes a partner,
principal, officer, director, member, or employee of the
Named Insured. but only while acting on behalf of the
Named Insured;
(3) Independent contractors who are natural persons, or any
temporary personnel, but only while acting under the direct
supervision and on behalf of the Named Insured;
(4) Th4te, heirs, executors, administrators, and legal
representatives of an Insured, in the event of such
Insured's death, disability, incapacity, Insolvency. or
bankruptcy, but only to the extent such Insured would
have otherwise been provided coverage under this Policy:
(5) The lawful spouse of any Insured solely by resson of:
(a) Spousal status, or;
(b) A spouse's ownership interest in property or assets
that are sought as recovery.
This Definition (H)(5) shall not apply to the extent a Claim
alleges any wrongful act or omission by such spouse.
(1) "Mediation" means a non -binding process in which a neutral
panel or individual assists the parties in reaching their own
settlement. To be considered Mediation under this Poficy, the
process must be of a kind set forth in the Commercial Mediation
Rules of the American Arbitration Association. The Company,
however, at its sole option, may recognize any Mediation
process or forum presented for approval.
(J) "Personal Injury" means false arrest, detention or
imprisonment, or malicious prosecution: the publication or
utterance of a libel or slander or other defamatory or disparaging
material; a publication or utterance in violation of an individual's
right of privacy; wrongful entry or eviction: or the invasion of
the right of private occupancy.
(K) "Policy Period" means the period specified in Item 2 of the
Declarations, or any shorter period that may occur as a result
of a cancellation of this Policy, and specifically excludes any
Extended Reporting Period hereunder.
(L) "Pollutants" means any sofid, liquid, gaseous orthermal Irttant
or contaminant, including but not limited to asbestos, radon,
formaldehyde. smoke, vapor, soot, fumes, acids, alkalis,
chemicals, and "waste". "Waste' includes materials to be
recycled, reconditioned or reclaimed,
(M) "Professionsl Services' means those services the Insured
Is legally qualified to perform for others in the Insured's capacity
as a Real Estate Appraiser.
(N) "Real Estate Appraiser" means an Entity engaged In the
profession of estimating the value of real property for others
for a fee, including services usually and customarily performed
or rendered by a Real Estate Appraiser.
(0) "Retroactive Date' means the date specified in Item 4 of the
Declarations. This Policy shall only apply to Claims resulting
from Wrongful Acts committed on or after that date.
(P) "Wrongful Ad" means any actual or alleged PCt, error, omission
or Personal injury in the rendering of or (allure to render
Professional Services.
V. EXCLUSIONS
This Policy does not apply to and the Company shall not be liable for
Damages and/or Claims Expenses resulting from any Claim made
against an Insured:
(A) for, based upon, or arising from any deliberately dishonest,
malicious, criminal or fraudulent act or omission or any willful
violation of law by an Insured; however, this Exclusion shall
not apply to any Insured that did not commit, participate in, or
have knowledge of any such act. omission or violation of low
described in this Exclusion;
UA002 (71Ot) Page 2 of 6
MAY-29-2003 19:23 9498512055 qe% P.03
` (B) by or on behalf of or with the letance of any:
(1), Insured or
(2) Entity of which the Insured is a director, officer, partner
principal stockholder or employee; or
(3) Entity under common ownership with the Insured;
(C) for, based upon, or arising from actual or alleged discrimination,
humiliation, harassment, or misconduct by the Insured
because of race,. creed, color, age, gender, sex, sexual
preference or orientation, national origin, religion, disability.
handicap. or marital status: however, the Company shall pay
Claims Expenses for the defense of such Claims up to a
maximum of $50,000 for the Policy Period, without the
Company incurring any liability to pay Damages. The
Company's defense obligation does not extend to any
administrative complaint filed with any state or federal agency.
(D) by a current or former employee, independent contractor or
job applicant of the Insured In their capacity as such;
(E) for, based upon, or arising from bodily injury, sickness, disease,
emotional distress, mental anguish, outrage, humiliation or
death;
(F) for, based upon, or arising from injury to or destruction of any
tangible property including loss of use thereof;
(G) for, based upon, or arising from the liability of others assumed
by the Insured under any contract or agreement, unless such
liablitywould have attached to the Insured even In the absence
of such contract or agreement:
(H) for, based upon, or arising from Professional Services
involving real property in which the Insured or a member of
the Insured's family has, had or contemplated having an
ownership Interest:
(1) for, based upon, or arising from Professional Services
involving real property for which the Insured, or an Entity in
which the Insured is a partner, officer, director, stockholder or
employee. acts as a real estate agent, real estate broker or
property manager:
(J) for, based upon, or arising from representations or warranties,
express, implied or otherwise, made by the Insured pertaining
to the guarantee of future value of real property;
(K) for, based upon, or arising from the Insured's activities as a
Property manager, real estate agent or real estate broker,
(L) for, based upon, or arising from:
(1) the performance of Professional Services for a real
estate syndicate(s), real estate investment trust(s) or
limited partnership which utilizes the Insured's appraisal
or report, or any information contained therein, to solicit
investors or limited partners.
(2) alleged violations of the Securities Act of 1933 or 1934
and the amendments thereto, or any state blue sky or
securities law or similar federal or state taw.
This Exclusion shall not apply if the Insured's appraisal or
report is prepared for or on behalf of a commercial lender, or
an affiliate or subsidiary of a commercial lender, or any conduit
lender.
(M) for, based upon, or arising from Professional Services
performed in contravention of any governmental licensing,
certification, or other applicable regulatory requirement, or In
violation of any penal statute or ordinance:
(N) for, bje upon, or arising from Profossional Services
Involving undeveloped or vacant land w"e proposed use is
for multiple unit single family housing developments,
condominium developments, co-operative housing develop-
ments or apartment developments consisting of 10 units
or more;
(0) for, based upon, or arising from Professional Services
involving "commercial property" unless the Insured's appraisal
or report is attested to by an Insured who has been specifically
approved by the Company to do commercial appraisals and
so Indicated by being named in an endorsement attached to
and made a part of this Policy.
"Commercial Property' means any property otherthan a single
family residence, single family vacant land, multi -family units
of 9 or less, and vacant land for multl-family units of 9 or less.
(P) for, based upon, or arising from the insolvency of the Insured;
(0) for, based upon, or arising from the appraisal or appraisals of
two or more properties that:
(1) were sold within the twelve (12) months prior to, or had
another sate pending at, the time of the appraisal(s); and
(2) the Insured knew of or should have discovered such sale
or pending sale by consulting usual and customary
data sources: and
(3) the insured failed to note such sale or pending sale on
the appreisal(s).
(R) for, based upon, or arising from punitive, exemplary or multiple
damages or attorney fee awards or any other type of non -
compensatory damages awarded pursuant to the 'Deceptive
Trade Practices Act'. "Consumer Protection Act' or any similar
statutes of any state, or the "Federal Racketeer Influenced
and Corrupt Organization Act';
(S) for, based upon, or arising from:
(1) diminution of value, which would not have occurred in
whole or in part had there not been actual, alleged or
threatened discharge. dispersal, seepage, migration,
release or escape of Pollutants at any time; or
(2) any request, demand or order to test for, monitor, clean
up, remove, contain, treat, detoxify orneutralize,
or In any way respond to, or assess the effects of
Pollutants; or
(3) testing for, monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing, or In any way
responding to, or assessing the effects of Pollutants: or
(4) the Insured noting or falling to note the presence or
. absence of any Pollutants.
VI. CONDITIONS
(A) REPORTING OF WRONGFUL ACTS THAT MAY GIVE
RISE TO A CLAIM
If during the Policy Period the Insured becomes aware of
a specific Wrongful Act that may reasonably be expected
to give rise to a Claim against the Insured, and if the Insured
reports such specific Wrongful Act to the Company during
the Policy Period In writing, then any Claim subsequently
arising from such specific Wrongful Act duly reported in
accordance with this paragraph shall be deemed under this
Page 3 of 6 LIA002 (7f01
MA'-'-2e-2003 19:23 949e512055 97%
~ Policy to be a Claim made 09 the Policy Period. Such
written notice to the Company shall include:
(1) particulars as to the reasons for anticipaOng such a Claim;
and
(2) the nature and dates of the alleged Wrongful Act; and
(3) the alleged injuries or damages sustained; and
(d) the names of potential claimants, if available; and
(5) the manner in which the Insured first became aware of
the specific Wrongful Act.
(B) NOTICE OF CLAIM OR WRONGFUL ACTS
In the event of a Claim the Insured shall as a condition
precedent to the coverage afforded by this Policy:
(1) Immediately forward to the Company every demand.
notice, summons or other process Including Institution of
arbitration proceedings received by the Insured.
(2) Immediately forward to the Company any other relevant
Information as requested by the Company Including copies
of the appralsal(s) or other work product giving rise to
the Claim.
Notice of any Claim or specific Wrongful Act shall be
given In writing as described in item 7 of the Declarations.
Notice shall not be effective until the date of receipt by
the Company at this address,
(C) COOPERATION
The Insured shalt cooperate with the Company. Upon the
Company's request, the Insured shall submit to examination
and questioning by a representative of the Company, under
oath If required, shall assist In effecting settlement, securing
and giving evidence, obtaining the attendance of witnesses
and in the conduct of suits, as well as in the giving of a written
statement or statements to the Company's representatives and
meeting with such representatives for the purpose of
investigation and/or defense. and shall provide the Company
with any available information and documentation relevant to
any matter under investigation by the Company, without charge
to the Company.
Additionally, upon the Company's request and in accordance
with Section III(C), the Insured shall attend hearings.
depositions and trials relative to the defense of a Claim.
The Insured shall take such action as may be necessary to
secure and effect any rights of indemnity, contribution or
apportionment which the Insured and/or the Company may
have.
(D) LIMITS OF LIABILITY
The Company's maximum liability for all Damages and Claims
Expenses resulting from each Claim shall be the Limit of
Liability for each Claim setforth in Item 6(A) of the Declarations.
The Company's maximum aggregate liability for all Damages
and Claims Expenses resulting from all Claims covered by
this Policy shall be the aggregate Limit of Liability for all Claims
set forth In Item 6(B) of the Declarations.
Two or more Claims alleging, based upon, arising out of or
attributable to the same or related Wrongful Act(s) shall be
treated as a single Claim regardless of whether made against
one or more than one Insured.
All Claims arising out of the same Wrongful Act shall be
considered first made within the Policy Period In which the
earliest of such Claims was first made, or deemed to be made
purs* Condition (A) of this Policy. and all such Claims
shall be subject to one such Limit of Liability as set forth in
Item 6(A) of the Declarations.
The Limits of Liability of the Company for the Extended
Reporting Period, if applicable, shall be part of, and not in
addition to, the Limits of Liability of the Company for the Policy
Period.
Any payment of Damages and/or Claims Expenses by the
Company shall reduce the Limits of Liability.
Claims made against more than one Insured under this Policy
shall not operate to increase the limit of the Company's liability.
(E) DEDUCTIBLE
The Company shall only be liable for those amounts payable
under this Policy for:
(1) Claims Expenses, and
(2) Damages which are In excess of the applicable Deductible
stated In Item 3 of the Declarations.
The Deductible shall apply separately to each Claim and shall
be bome by the Insured and remain uninsured. For purposes
of the Deductible, Claims arising out of the same Wrongful
Act shall be considered one Claim, and only one Deductible
amount shall apply thereto. The Insured shall be liable for the
Deductible amount set forth in Item 3 of the Declarations for
each Claim. The Deductible shall not reduce or increase the
Limits of Liability.
The Insured shall promptly make any required Deductible
payments within thirty (30) days of written demand by the
Company. The Company shall have no obligation to make
payments within the Deductible and to then seek reimburse-
ment from the Insured.
(F) DEDUCTIBLE CREDITS
(1) EARLY RESOLUTION OF CLAIMS DEDUCTIBLE
CREDIT
If within one year of being reported in accordance with
Condition (B) of this Policy, or within one year of being
deemed to be made pursuant to Condition (A) of this
Policy, a Claim is fully and finally resolved to the
satisfaction of all parties, Including the Company, and all
Damages and Claims Expenses arising from such
Claim have been paid, the Insured's Deductible
obligation for such Claim shall be reduced by 25%
up to a maximum reduction of $5,000.
(2) MEDIATION OF CLAIMS DEDUCTIBLE CREDIT
If a Claim is fully and finally resolved to the satisfaction
of all parties including the Company as a result of
Mediation, the Insured's Deductible obligation for such
Claim shall be reduced by 50% up to a maximum
reduction of $5.000.
(G) ACQUISITION OR CREATION OF ANOTHER ENTITY
If during the Policy Period, the Named Insured acquires or
creates another Entity in which the Named Insured has an
ownership interest of greater than 50%, such Entity shall be
considered an insured under this Policy, but only for Wrongful
Acts committed after the date of acquisition or creation.
LIA002 (7101) Pa e 4 or6
MAY-29-2003 19:24 9499512055 99% P.05
As a condition Precedocoverage under Condition
(G), the Named Insured shall give written nonce to the
Company of the acquisition or creation of such Entity no
later than ninety (90) days after the effective date of such
acquisition or creation, together with such information
that the Company may require.
Upon receipt of notice of such acquisition or creation,
the Company may at its sole option agree to appropriately
endorse this Policy subject to additional premium and/
or changed terms and conditions. If the Named Insured
does not agree to the additional premium and/or changed
terms and condiftons, if any, coverage otherwise afforded
under this provision for such acquired or created Entity
shall terminate ninety (90) days after the effective date
of such acquisition or creation, or at the end of the Policy
Period, whichever is earlier. if the Named Insured ceases
to have an ownership interest of greater than 50% in
such acquired or created Entity, coverage otherwise
afforded under this provision shall terminate effective on
the date such ownership interest ceases.
(H) NOTICE OF CANCELLATION
This Policy may be cancelled by the Named Insured by
surrender of this Policy to the Company or by giving
written notice to the Company stating when thereafter
such cancellation shall be effective. If this Policy is
cancelled by the Named Insured, the Company shall
retain the customary short rate proportion of the premium
hereon, except as otherwise provided In this Policy. The
Company may cancel this Policy for material
misrepresentation In the Application for this Policy, for
arty material change in the risk, for any revocation,
suspension or surrender of the Insured's professional
license or right to practice his profession or for non-
= paymentof premium or Deductible. Notice of cancellation
shall be mailed to the Named Insured by registered,
certified, or other first class mail, at the Named Insured's
address shown in Item 1 of the Declarations. Written
notice shall state when, not less than sixty (60) days
thereafter (or ten (10) days thereafter when cancellation
is due to non-payment of premium or Deductible), the
cancellation shall be effective. The mailing of such notice
as aforesaid shall be sufficient proof of notice and this
Policy shall terminate at the date and hour specified in
such notice. If this Policy shall be cancelled by the
Company, the Company shall retain the pro-rata
proportion of the premium hereon.
(1) NOTICE OF NON -RENEWAL
The Company may non -renew this Policy by mailing
written notice to the Named Insured by registered.
certified or other first class mail, at the Named Insured's
address shown in Rem 1 of the Declarations. Written
notice shall state when, not less than sixty (60) days
thereafter the non -renewal shall be offeaive.
(J) EXTENDED REPORTING PERIOD
In case of cancellation or non -renewal of this Polity. by
either the Named Insured or the Company, for reasons
other than material misrepresentation in the Application
for this Policy or non-payment of premium or Deductible,
the Named Insured shall have the right upon payment of
an additional premium, to an extension of coverage under
this Policy subject to all other tents. conditions, limitations
of and any endorsements to this Policy for a period of
either one year for an additional premium of 100% of the
total annual premium; or two years for an additional
premium of 150%, of the total annual premium; or three
0 for an additional premium of 200% of the total enno
premium following the effective date of such cancellation
refusal to renew but only with respect to any Wrongful
committed before the date of such cancellation or non -renew
If the Named Insured shall cancel or fail to renew this Poli
due to retirement from active business as a Real Esta
Appraiser, the Named Insured shall have the right up.
payment of an additional premium, to an unlimited extenO
of coverage under this Policy, subject to all other terrr
conditions, limitations of and endorsements to this Policy. 11
Extended Reporting Period would apply to any Wrongi
Act committed before the cancellation or failure to rene
The option is only available if:
(1) the Named Insured was continuously insured with tl
Company for at least three (3) consecutive years; and
(2) the Named Insured was employed on a full-time bas
(at least thirty (30) hours per week) as a Real Esta•
Appraiser for at least twenty (20) consecutive years.
The premium for this unlimited Extended Reporting Peric
shall be 300% of the Company's total annual premium.
The offer of renewal terms, conditions, Limits of Liability ane
or premiums different from those of this Policy shall no
constitute a cancellation or refusal to renew.
The Extended Reporting Period shall terminate on th
effective date and hour of any other insurance issued to th
Named Insured or successor to the Named Insured whit
replaces in whole or in part the coverage afforded by th
Extended Reporting Period.
As a condition precedent to the Named Insured's right t
purchase the Extended Reporting Period, the full premiur
and any Deductible(s) due for this Policy and Policy Pori&
must have been paid.
The Named Insured's right to purchase the Extender
Reporting Period must be exercised by notice in writing no
later than sixty (60) days following the non -renewal o
cancellation date of this Policy, and must include payment o
premium for the applicable Extended Reporting Period a:
well as payment of all premiums and any Deductible(s) dui
the Company. If such notice is not so given to the Company
the Named Insured shall not, at a later date, be able to exerclsr
such right.
At the commencement of any Extended Reporting Period
the entire premium thereafter shall be deemed earned .and it
the event the Named Insured terminates the Extended
Reporting Period before its expiration date, the Company shall
not be liable to return to the Named Insured any portion of the
premium for the Extended Reporting Period.
The fact that this Policy may be extended by virtue of an
Extended Reporting Period shall not in any way increase the
Limits of Liability as set forth In the Declarations. The Extended
Reporting Period shall be renewable at the sole option of the
Company.
(K) OTHER INSURANCE
If any Claim or Wrongful Act noticed to the Company under
this Policy is insured by another valid policy or policies, then
this Policy shall apply only in excess of the amount of any
deductibles, retentions and limits of liability under such other
policy or policies, whether such other policy or policies are
stated to be primary, contributory, excess, contingent or
otherwise, unless such other insurance is written specifically
excess of this Policy by reference in such other policy to the
Policy Number indicated on this Policy's Declarations.
MAY-29-2003 19:24
9499512055
Paoo 5 of 8 LIA002 (
ge% P.06
(L) SUBROGATION
In the event of any payment under this Policy, the Company
shall be subrogated to all of the Insured's rights of recovery
against any person or organi7.ation, and the Insured shall
execute and deliver instruments and papers and do whatever
else is necessary to secure such rights. The Insured shall
do nothing after a Claim Is made to prejudice such rights.
The Company hereby waives its subrogation rights against s
talent of the Insured to the extent that the Insured had, prior
to a Claim, or a Wrongful Act reasonably expected to give
rise to a Claim, entered Into a written agreement to waive such
rights.
Any amount recovered upon the exercise of such rights of
subrogation shall first be applied to the repayment of expenses
incurred by the Company toward subrogation, second toward
reimbursement of any payments made by the Insured pursuant
to the Insured's Deductible, and any remaining balance shall
be the Company's.
(M) ALTERATION AND ASSIGNMENT
No change in, modification of, or assignment of interest under
this Policy shall be effective except when made by written
endorsement by an authorized representative of the Company.
(N) REIMBURSEMENT OF THE COMPANY
If the Company has paid any Damages and/or Claims
Expenses in excess of the applicable Limit of Liability or within
the amount of the applicable Deductible, the Insured shall be
Gnble to the Company for any and all such amounts and, upon
demand, shall pay such amounts to the Company promptly.
(0) ENSCONTRACT
By acceptance of this Policy the Insured agrees that the
statements In the Declarations and Application are its
agreements and representations, that this Policy is issued in
reliance upon the truth of such representations and that this
Policy embodies all agreements existing between the Insured
and the Company.
(P) AUDIT
The Company may examine and audit the insured's books
and records at any time during the Policy Period and within
three (3) years after termination of this Policy to the extent
such books and records relate to the subject matter of this
Policy.
(Q) NAMED INSURED SOLE AGENT
The Named Insured shall be the sole agent of all Insureds
hereunder for the purpose of effecting or accepting any
amendments to or cancellation of this Polity, for the purposo
of receiving such notices as may be required by law and/or
any provision(s) of this Policy, for the completing of any
Application and the making of any representations, for the
payment of any premium and the receipt of any retum premium
that may become due under this Policy, for the payment of
any Deductible obligations that may become due under this
Policy, and the exercising or declining to exercise any right
under this Policy, including declining or exercising any
Extended Reporting Period.
(R) BANKRUPTCY OR INSOLVENCY
The bankruptcy or insolvency of any Insured or an Insured's
estate will not relieve the Company of its obligations under
this Policy.
IN WITNESS WHEREOF the Company has caused this, Policy to be executed and attested, but this Policy shall not be valid unless countersigned on the
Declarations page by duly authorized representative of the Company.
Secretary
Authorized Representatives of Liberty Insurance Underwriters, Inc.
UA002 (7/0 t) Page s of 6
MAY-29-2003 19:25 949e512055 98x P.07
C.lJ/ LO/ LUUJ 1 / LJ J`. JVJI LV J./
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY -
REAL ESTATE SYNDICATE AN� REIT MODIFICATION
APPRAISAL OF VACANT LAND ENDORSEMENT
It is agreed that Section V. of the Policy, Exclusion (L)
and replaced with the following:
and Exclusion (N) respectively are deleted
This Policy does not apply to and the Company shall I not be liable for Damages and/or Claims
Expenses resulting from any Claim made against an Insu
(L) for, based upon, or arising from:
(1) the performance of Professional Se ry ces in connection with proposed or future
construction for a real estate syndi ate(s), real estate investment trust(s) or
limited partnership, which utilizes the Insured's appraisal or report or any
information contained therein, to solic it investors or limited partners.
(2) alleged violations of the Securities A t of 1933 or 1934 and the amendments
thereto, or any state blue sky or secu ities law or similar federal or state law.
This Exclusion shall not apply if the Insured's appraisal lor report is prepared for or on behalf of a
commercial lender, or an affiliate or subsidiary of a commercial lender, or any conduit lender.
(N) for, based upon, or arising from Professional Sen
whose proposed use is for multiple unit single -fa
developments, co-operative housing development;
ten (10) units or more, unless the appraisal is pert
one or more of the following professional design
by one of the following Insureds:
All other terms and conditions of this Policy remain u
LIA024 (07/01)
Page 1 of 1
ces involving undeveloped or vacant land
nily housing developments, condominium
or apartment developments consisting of
rmed by or attested to by an Insured with
:ions: MAI, SRPA, SREA, ASA, IFAC, or
MAY-29-2003 19:25 949e512055 9e%
P.oe
. VJL LUJJ
May 6, 2003
HARRIS REALTY APPRAISAL
James S. Harris, MAI
5100 Birch Street, Suite 200
Newport 6a3ch. CA 92660
Policy Number: LIU003120-002
Effective: 05/OA/2004
THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT THE TERRORISM RISK INSURANCE ACT OF 2002. PLEASE READ IT
CAREFULLY.
THFTERRORISM RISK INSURANCE AC.ZQ.E2Q02
On November 26, 2002. President Bush signed Into law the Terrorism Risk Insurance Act of 2002. The Act establlshas a temporary program to
spread the risk of catastrophic losses from an act of terrorism between insurers and the federal government The stated purpose of the Act is 'to
protect consumers by addressing market disruptions and ensure the continued widespread availability and affordability of property and casualty
insurance for terrorism risk.'
The Act requires Insurers to pay tosses from an act of terrorism up to an amount equal to a percentage of Its direct earned premium. This
amount is called the 'insurer deductible: If an individual insurers losses exceed this amount, the federal "Terrorism Insurance Program' will
reimburse the insurer for 90% of tosses paid in excess of the insurer deductible. An Insurer that has met its Insurer deductible is not liable for
any portion of losses In excess of $100 billion per year, Similarly, the federal government is not liable for any losses covered by the Act that
exceed this amount.
MANO,ATORY OFFER OE CQV E OR A N ACT OF TF,ER_QRI.SSM ANQ QZSC`ISUR�OF PR€ML�M
Under the Act, Insurers must make coverage available for any toss that results from an act of terrorism Ate► Q that is othenvlse covered under
your policy.
The Act alao requires insurers to provide notice to policyholders of the premium charge for tosses that result from an act of terrorism and are
therefore covered under the Federal Insurance Program.
An 'act of terrorism means:
Any act that is certified by the Secretary lot the Treasury], in concurrence with the Secretary of State, and the Attorney
General of the United States
(1) to be an act of terrorism;
(li) to be a violent act or an act that is dangerous to —
(1) human life;
(11) property; or
(111) infrastructure;
(lii) to have resulted In damage within the United States, or outside of the United States in the case of -
(1) an air carrier (as defined in section 40102 of title d9, United States Code) or United States flag vessel
(or a vessel based principally In the United States, on which United States income tax Is paid and
whose Insurance coverage is subject to regulation in the United States); or
(11) the premises of a United States mission; and
(iv) to have been committed by an individual or Individuals acting on behalf of any foreign person or foreign Interest,
as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the
conduct of the United States Government by coercion.
P)2E�,41u n(�D c osQRt'lI6T MINT
Your policy does not contain an exclusion for losses resulting from an act of terrorism. Coverage for such losses is still subject to all of the
terms, definitions; exclusions and conditions in your policy. as well as the terms, definitions, exclusions and conditions of the primary and
underlying excess policies.
THE PREMIUM CHARGE FOR LOSSES ARISING FROM AN ACT OF TERRORISM IS $0.00.
THE SUMMARY OF THE ACT AND THE COVERAGE UNDER YOUR POLICY CONTAINED IN THIS NOTICE IS NECESSARILY GENERAL
IN NATURE. YOUR POLICY CONTAINS SPECIFIC TERMS, DEFINITIONS, EXCLUSIONS AND CONDITIONS. IN CASE OF ANY
CONFLICT, YOUR POLICY LANGUAGE WILL CONTROL THE RESOLUTION OF ALL COVERAGE QUESTIONS. PLEASE READ YOUR
POLICY CAREFULLY,
F.W I or t TR1A FORM C led. lAVOJ)
MA`r'-29-2003 19 : 25
9498512055
98i
P.09
10k175 •
* THIS E1` UGRSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
COMMERCIAL APPRAISAL ENDORSEMENT
This endorsement, effective on 05/04/2003 at 12:01 A.M. standard time at the
address of the Named Insured
Forms a part of Policy Number: LI0003120-002
Issued to: HARRIS REALTY APPRAISAL
It is agreed that the following Insureds have been approved by the Company to perform Professional
Services involving commercial property:
Insured
James B. Harris
Effective Date of Approval
All other terms and conditions of this Policy remain unchanged.
LIA013 (7/01)
05/04/2003
MAY-29-20e3 19:26 9499512055 98% P.10
--
-101175 .
4
e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT AREFULLY
ADDITIONAL COVERED PERSONS ENDORSEMENT
This endorsement, effective on 05/04/2003 at 12:01 A.M. standard time at the
address of the Named Insured
Forms a part of Policy Number: LI0003120-002
Issued to: HARRIS REALTY APPRAISAL
It is agreed that Section IV of the Policy, Definition (H) is amended to include:
"Insured" means:
The persons identified below, but only while acting on behalf of the Named Insured:
Name
James B. Harris
Coverage
Effective Date
05/04/2003
All other terms and conditions of this Policy remain unchanged.
LIA012 (7/01)
Employee or
Independent Contractor
Principal/Owner
MAY-29-2003 19:26 9499512055 99x P.11
Date lssued: PoliSy Number: Previous PolicX Number:
w + 05/06n003 LIU003120-002 uu003120-001
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
Liberty_
Insurance
t bmdetrwritm bac._
55 Water Street, 18th Floor
New York, NY 10041
Item
THIS IS A CLAIMS MADE AND REPORTED POLICY.
PLEASE READ IT CAREFULLY.
LIBERTY INSURANCE UNDERWRITERS, INC. (herein called "the Company")
)DECLARATIONS
1.
Customer ID: 101175
Companies writing property and casualty
Named Insured:
insurance business in California are required to
HARRIS REALTY APPRAISAL
participate in the California Insurance Guarantee
Association. If a company becomes insolvent,
James B. Harris, MAI
the California Insurance Guarantee Association
5100 Birch Street, Suite 200
settles unpaid claims and assesses each
insurance company for its fair share. California
Newport Beach, CA 92bb0
p°
law requires all companies to surcharge policies
to recover these assessments. If your policy is
2. Policy Period:
surcharged, "CA Surcharge" with an amount will
From: OS/04/2003
To OS/04/2004
be displayed on your premium notice.
12:01 A.M. Standard Time at the
address stated in
Item 1.
3. Deductible: $1,000.00 Each Clain
4. Retroactive Date: 05/04/ 1998
S. Inception Datc: 05/04/2002
6.
Limits of Liability:
The Limit of Liability for Each Claim and in
A. $1,000,000.00
Each Claim
the Aggregate is reduced by Damages and
B. $1,000,000.00
Aggregate
Claims Expenses as defined in the Policy.
7.
Mail All Notices to Agent:
Liability Insurance Administrators
1600 Anacapa Stred
Santa Barbara, California 93101
(805)963-6624; Fax: (805) 962-0652
8.
Annual Premium:
$1,015.00 +
S20.30 CA Surcharge
9.
Number of Appraisers:
1
10.
Forms attached at issue: LU002 (07/01) LIA012 (07/01) LU013 (07/01) LIA024 (07101)
TRIA Form C (01/03)
This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the
Real Estate Appraisers Professional Uabillty Insurance Policy hall constitute 4a c ntraet between the Named Insured and the Company,
By
LIA001 (07/01) Authorized Signature
MAY-29-2003 19:26 9499512055 ge% P.12
• •
(12) November 3, 2003 - Council/Agency Minutes - Page 12
(City Council) Directed the City Administrator to Make Improvements As Amended to the
City's Contracting Processes (Including Professional Services Contracts under Huntington
Beach Municipal Code Section 3.03) (120.10)
The City Council considered a communication from Councilmember Jill Hardy transmitting the
following Statement of Issue: `At the October 20, 2003 City Council meeting, staff recommended
improvements to the city's contracting processes. 1 believe the following recommendations
represent effective solutions to recent concerns identified with the contracting process. In addition
to the recommended improvements (listed below), I propose that staff provide the City Council an
update on the contracting process as part of the FY 2004-05 budget process.
A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney,
not Departments will maintain a log of the contracts they enter into which will be transmitted
quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make
the following improvements to the city's contracting processes within 90 days and provide a report to
the City Council regarding the contracting processes as part of the FY 2004-05 budget process:
a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit
the original agreement to the City Clerk's office; and
b. Develop an annual training program for processing all types of contracts; and
C. Develop Administrative Regulations to establish the method for processing'
maintenance/service and public works contracts, and
d. Contracts will not be dated until they are effective (signed by City Attorney's office); and
e. Remove the Mayor and City Clerk signature lines from contracts when not required; and
f. Modify Purchasing Manager Certification to apply to maintenance/service and public works
contracts; and
g. Assign a single department contract coordinator to ensure contract proper processing; and
h. Depai:#ReRts 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
i. Staffs 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.
r•
13 • November 3 2003 - Council/Agency Minutes - Page 13
City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why
she believed City Clerk attestation on city contracts to be necessary stating that a majority of
cities require the City Clerk to always attest to the signatures of city officers entering into contracts
on behalf of the city; that attestation by the City Clerk applies to contracts approved and entered
into that do not appear on city council agendas and to those contracts which do appear on the city
council agenda.
The City Clerk informed Council of an email survey her office had conducted of over forty cities
wherein all but eight cities required the City Clerk to attest to all agreements even those
agreements not appearing on the council agenda. She referred to cities such as the City of Irvine,
Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers
just as the City Clerk must attest to the signature of the Mayor on contracts that go through the
city council process. She informed Council of the reasons why she believed her request to attest
to in house contracts was reasonable.
A substitute motion was made by Sullivan, second Coerper to require attestation and limit
contracts to $50,000.
City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is
not required.
City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process.
City Administrator Ray Silver reported on the Professional 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