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Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront
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Termination Date: 2/28/2002
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
J. HARVEY HYAMS ASSOCIATES
FOR REAL ESTATE APPRAISAL SERVICES
Table of Contents
Scopeof Services................................:....................................................................I
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
IndependentContractor............................................................................................8
Termination of Agreement.......................................................................................8
Assignment and Subcontracting................................................................................9
Copyrights/Patents...................................................................................................9
City Employees and Officials..................................................................................9
Notices.....................................................................................................................9
Modification.............................................................................................................10
Captions...................................................................................................................10
SectionHeadings.....................................................................................................10
Interpretation of this Agreement..............................................................................10
DuplicateOriginal....................................................................................................11
Immigration..............................................................................................................11
Legal Services Subcontracting Prohibited................................................................11
Attorney's Fees.........................................................................................................12
Entirety.....................................................................................................................12
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
J. HARVEY HYAMS ASSOCIATES
FOR REAL ESTATE APPRAISAL SERVICES
THIS Agreement is made and entered into this 7i day of 2001,
by and between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and J. Harvey Hyams Associates, a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide real estate
appraisal 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 CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in the Request for Proposal
("RFP"), and CONSULTANT's Proposal dated December 6, 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 J. Harvey Hyams who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
4/s:4-2001 Agree: J. Harvey Hyams
RIS 2001-0006
1-8-01
2. CITY STAFF ASSISTANCE
CITY 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 12 months from the 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 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 of $125.00 per appraisal, not to exceed a total contract amount of
Twenty -Five Hundred Dollars ($2,500.00).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this Agreement, the
CITY's RFP, or the CONSULTANT's Proposal, the following order of precedence shall govern:
(1) Agreement, (2) the CONSULTANT's Proposal, and (3) the CITY'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
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4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
1-8-01
17-�
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
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 CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on
any such product, CITY shall identify specific requirements for satisfactory completion. Any such
product which has not been formally accepted or rejected by CITY shall be deemed accepted.
C.. CONSULTANT shall submit to CITY an invoice for each progress payment
due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this Agreement; and
5) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY
shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of
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4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
1-8-01
receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does
not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -
approval 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 CITY shall
be invoiced separately to CITY. Such invoice shall contain all of the information required above,
and in addition shall list the hours expended and hourly rate charged for such time. Such invoices
shall be approved by CITY if the work performed is in accordance with the extra work oradditional
services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is
accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
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 CITY 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 CITY in the completion of the PROJECT or as it otherwise sees fit. Title
to said materials shall pass to CITY 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.
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4/s:4-2001 Agree: J. Harvey Hyams
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9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, 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 CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees
incurred by CITY 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 CITY from and against all claims, demands, payments, suit, actions,
proceedings, and judgments of every nature and description, including attorney's fees and costs
presented, brought or recovered against the CITY, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by CONSULTANT under
this Agreement.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
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•
•
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to
CITY 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 CITY, CONSULTANT shall obtain and furnish to CITY, 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
property damage, including products/completed operations liability and blanket contractual liability,
of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT.
The policy shall name CITY, 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
4/s:4-2001 Agree: J. Harvey Hyams
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•
•
professional liability in an amount not less than $1,000,000 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 CITY certificates of insurance subject to approval of the City 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.
4/s:4-2001 Agree: J. Harvey Hyams
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1-8-01
•
•
CONSULTANT shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on
all insurance hereinabove required.
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 CITY. 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. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be
made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of the CITY, become its property and shall be delivered to it by CONSULTANT.
4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
1-8-01
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 CITY.
17. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
18. 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.
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 1 hereinabove) or to CITY'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 CITY:
Director of Economic Development
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Phone (714) 536-5542
4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
1-8-01
TO CONSULTANT:
J. Harvey Hyams Associates
14851 Jeffrey Road, #282
Irvine, CA 92620
Phone (949) 651-8824
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 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.
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, said holding shall not 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
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4/s:4-2001 Agree: J. Harvey Hyams
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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 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 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.
4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
1-8-01
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.
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 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
J. HARVEY HYAMS ASSOCIATES, a municipal corporation of the State of California
Califo corporation
B.
nrin name S Director of Economic Development
ITS: (circle one) Chairman/ esiden /Vice President Pursuant t0 HBMC 3.03.100
r
AND
By:
s
7print name
ITS: (circle one) EEarXhief Financial Officer/Asst.
Secretary — Treasurer
4/s:4-2001 Agree: J. Harvey Hyams
RLS 2001-0006
1-8-01
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED:
12
G211- CAA
City,Kdministrator
SFr
r
-ItARVEY HYAMS ASSOCI ES
Real Estate Appraisers & Consultants
CAOREAAGO05586
14851 Jeffrey Rd., 4282, Irvine CA 92620
Office: (949) 651-8824
Office: (714) 840-4030 Fax: (949) 733-8021
December 6, 2000
RECEIVED
DEC 13 2000
Terri King DEPARTMENT OF
Economic Development Department ECONOMIC DEVELOPMENT
CITY OF HUNTINGTON BEACH
P. 0. Box 190
Huntington Beach, CA 92648
Re: Drive By Appraisals
Single Family Homes
Dear Ms. King:
Pursuant to'your request, the following will act as my proposal to
furnish "Drive By" appraisals of single family homes in the city of
Huntington Beach.
Appraisals will be submitted on Fannie Mae Form 2055 as developed
in September 1996 and be completed within the parameters and
framework as set out in the Uniform Standards of Professional
Appraisal Practice (USPAP) as promulgated by the Federal
Government.
The scope of services will be limited to an exterior inspection of
the property and will include measurements of the improvement
footprint, pictures of the front, rear, any major deficiencies
noted during the inspection and a street scene.
Value of the appraisal property will be based upon comparable sales
with an explanation of adjustments made to the sale price of the
sold properties leading to a conclusion of value of subject. A
front view picture of each of the sale properties will be included
in the report as well as a location map.
The price for each of the appraisal services will be $125 with
delivery of the finished appraisal within 7 days of acceptance of
the request for the appraisal.
•
Page Two
Terri King
I am a Certified General Real Estate Appraiser holding certificate
#AG005586 expiring 12/10/2002. . I am covered by E & 0 insurance.
Attached you will find a copy of my resume and a copy of a Form
2055 appraisal that was recently completed.
Thank you for your interest in my services. If further information
is required, please contact me.
Respectfully submitted,
..1
J. Harvey ms
AG005586
JHH/Sh
Attachments
R E S UM E
Q UA L I F T CA T I O N S
J. HARVEY HYAMS
14851 Jeffrey Road #282, Irvine, California 92620
(Office) 714-840-4030 (Fax) 949-733-8021
EDUCATION: Graduate B.S. Degree, St. Louis University
School of Commerce & Finance
Major: Marketing Minor: Economics
University of Missouri; Columbia Missouri
American Institute of Real Estate Appraisers
Real Estate Appraisal Courses 1966, 1967.
Senior Seminar Instructor, National Association
Independent Fee Appraisers.
National Education Director NAIFA, 1978.
MEMBERSHIP
LICENSE: Counselor Designation, National Association
of Independent Fee Appraisers #145, 1976-1994.
Approved Level IV, State of California Dept. S&L
State of California Certified General Appraiser
OREA Certificate # AG005586; Expires 12/10/2002
BACKGROUND: Real Estate Activity Since 1950.
General Contractor & Land Developer
Real Estate Appraisal Services since 1966 in
Missouri, Illinois, Arizona, Colorado and
California.
Established office and staff in Southern California 1979-80
PARTIAL LIST
OF CLIENTS: Numerous Banks and Saving & Loan Associations in Orange and Los
Angeles Counties of California. United States Department of
Justice, Department of Interior. U. S. Army Corp of Engineers.
Missouri State Highway Commission.
Queen City Bank
National Bank of Long Beach
Union Bank
Golden Pacific Bank
United California Bank
First Nationwide Bank
Equitable Relocation Service
Aluminum Corporation of America
Bank of America .
Prime Pacific Financial
Flagstar Bank
Country Wide Funding
Approved Appraisers Panel, RTC.
FDIC
FHA
�. ?=eq j Fa,u AdW=tea
Teal Eaate Appwiyw E Conea"
Fe B*,T
HUNTINGTON BEACH
2000 Main Street California 92648
DECLARATION of NON -EMPLOYER STATUS -
In order to comply with City Council Resolution No.6277, you are required to provide proof of
Workers' Compensation insurance. If you have no employees, this form must be signed and returned
to:
City of Huntington Beach
Risk Management Division
2000 Main Street
Huntington Beach, CA 92648
I certify that in the performance of the activity or work for which this permit is issued, I shall not employ
any person in any manner so as to become subject to California Workers' Compensation insurance
requirements.
I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit
issued under this declaration if 1 hire any employee(s) or become subject to the provisions of the laws
requiring Workers' Compensation Insurance.
Applicant/Company Name: ,1_14 IZ ✓P_� fd O-YIAA A:�;,-�G1A471=_,1 _EVLc---
Addr
Appl
Title
Location Signed: (y
Telephone Number: 9 i�C— 6 1) 0 d %'
Date Issued
01 /29/01 1 STM0013312 I STM0011541
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
THIS DECLARATION PAGE IS ATTACHED TO AND FORMS PART OF THE MEMORANDUM OF INSURANCE
Item
NAME OF INSURER
COVERAGE IS PROVIDED ON A CLAIMS MADE BASIS.
I
STAR INSURANCE COMPANY
PLEASE READ CAREFULLY
26600 Telegraph Road
Southfield, MI 48034
Customer ID: 109053
NAMED MEMBER:
HYAMS, J. HARVEY ASSOCIATES INC.
2
J. Harvey Hyams
14851 Jeffrey Road #282
Irvine, CA 92618
Memorandum of Insurance Period
3
From: 03/01/01 To: 03/01/02
12:01 A.M. Standard Time at the
Address Stated in Item 2
DEDUCTIBLE OR RETENTION:
RETROACTIVE DATE:
4
Each Claim $1,000.00
03/01/96
LIMIT OF LIABILITY:
The Limit of Liability for each claim and in the aggregate is
5
.$300,000.00 Each Claim
reduced by claims expense as defined in the Memorandum of
Insurance.
$300,000.00 Aggregate
MAIL NOTICE OF LOSS TO AGENT
LIABILITY INSURANCE ADMINISTRATORS
6
1600 Anacapa Street
Santa Barbara, California 93101
(805)963-6624 Fax: (805)962-0652
ANNUAL PREMIUM: $591.00
7
NUMBER OF APPRAISERS: 1
FORMS ATTACHED AT ISSUE: 0490PL0394
2283PL0100 3420PL0101
8
3839PLO700
0491PLO394
0239PL(7/95)
By
Authorized Signature
0128 PL 09 97
CITY OF HUNTINGTON BE
ER R MODIFICATION APPLICATION FOR INSURANCE REQUIREMENT AIV
1. Name/Title/Department of Requesting Staff Member Terri King, Dev. Specialist, Economic Development
2. Date of Request January 30, 2001
3. Name of Contractor/Permittee J. Harvey Hvams Associates, Real Estate Appraisers & Consultants
4. Description of work to be performed Drive -by appraisal reports on homes of owners who have applied
for a housing rehabilitation loan from the City of H.B., used to determine the value of their home and
subsequent loan approval.
Value of Contract $2,500
Length of Contract 12 months
Type of Insurance Waiv r Modification Requested: 1) T4 at Professional Liability Insurance
requirements be, sieereased-from $1,000.000,to+39 and 2) that General Liability insurance requirements
be waived.
(a) Limits: (b) Coverage
Have you contacted Risk Management to determine if professional liability coverage is available through
SCOPE?
9. Reason for Request for Waiver or Reduction of Limits Claims that he has done work for other cities
and schools districts without the subject insurance requirements, that he finds the subject insurance
requirements excessive in relation to the size of the Service Contract being negotiated.
10. Identify the risks to the City if this request for waiver or modifications granted Unknown
Department Head Signature
(This section to be completed by Risk Manager)
Recommendation: Approve Dewy
Risk Manager's Signature/Da .
(This section to be completed by City Attorney)
Recommendation: Approve ✓ Deny.
City Attorney's
Settlement Committee approva 's [is not] equired for this waiver. If Settlement Committee approval is required,
submit this form to City Attorneys to be placed on the agenda. Recommendation: Approve Deny
City Council approval ' is not] equired for this waiver. If City Council approval is required, attach this form to the
RCA after consideration b ttlement Committee. This insurance waiver [is not] on Cncil agenda.
Reviewer's initials:
jmp/mis/inswaiver/ 1 /30/01
-J.6ARVEY HYAMS ASSOCIVES -
Real Estate Appraisers & Consultants
CAOREA AGO05586
14851 Jeffrey Rd., #282, Irvine CA 92620
Office: (949) 651-8824
Office: (714) 840-4030
January 26, 2001
Terri King
Department of Economic Development
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Re: Professional Services Contract -
General Liability Insurance
Professional Liability Insurance
Dear Ms. King:
Fax: (949) 733-8021
In regard to the above requirements of insurance as it applies to
the above referenced proposed Service Contract:
• I am now covered by a Professional Liability Insurance
policy with limits of $300,000. I find that to increase
the limits to $1,000,000 would be too costly in
relationship to the size of the Service Contract being
negotiated.
• I do not currently have a General Liability Insurance
policy and, again, the cost of such would be
excessive in relationship to the size of the fee
contemplated in the Service Contract.
I have performed appraisal services for a large number of
agencies, cities and school districts over the years, and
have never been requested to provide a General Liability
policy.
I am requesting that the limit of coverage in the Professional
Liability policy be $300,000 and the requirement for a General.
Liability policy be waived.
Thank you for your understanding and assistance in this matter.
Sincerely,
+ RECEIVED
J. Harve J. HARVEY HYAMS ASSOCIATES Mtn C. 2 2001
DEPARTMENT OF
ECONOMIC DEVELOPMENT
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REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
THIS DECLARATION PAGE IS ATTACHED TO AND FORMS PART OF THE MEMORANDUM OF INSURANCE
Item
NAME OF INSURER
COVERAGE IS PROVIDED ON A CLAIMS MADE BASIS.
1
STAR INSURANCE COMPANY
PLEASE READ CAREFULLY
26600 Telegraph Road
Southfield, MI 49034
Customer ID: 109053
NAMED MEMBER:
HYAMS, J. HARVEY ASSOCIATES
2
J. Harvey Hyams Associates, hw.
14851 Jeffrey Road #282
Irvine, CA 92620
Memorandum of Insurance Period
3
From:03/01/00 To: 03/01/01
12:01 A.M. Standard Time at the
Address Stated in Item 2
DEDUCTIBLE OR RETENTION:
RETROACTIVE DATE:
4
Each Claim $1,000.
03/01/96
LIMIT OF LIABIL
The Limit of Liability for each claim and in the aggregate is
5
$300,000.00 Each C1aim
reduced by claims expense as defined in the Memorandum of
Insurance.
$300,000.00 A regate
MAIL NOTICE OF
WSS TO AGENT
LIABILITY INSURANCE ADMINISTRATORS
6
1600 Anacapa Street
Santa Barbara, Callfornia 93101
(805) 963-6624 Fax: (805) 962-0652
ANNUAL PREMIUM:
$623.00
7
NUMBER OF APPRAISERS:
I
FORMS ATTACHED'AT
ISSUE: 0490PL0394
2283PLDIW 0491PLO394
8
0239P47/95)
By 901e� —
Authorized Signature
01 28 PL 09 97
DEC-20-2000 15:43 7147338021 99%, P.03
Main Street • QUIlornia 92648
DECLARATION of NON -EMPLOYER STATUS
In order to comply with City Council Resolution No. 6277, you are required to provide proof of
Workers' Compensation insurance. If you have no employees, thle form must be signed and returned
to:
City of Huntington Beach
Risk Management Division
2000 Main Street
Huntington Beach, CA 92648
I certify that in the performance of the activity or work for which this permit is issued, I shall not employ
any person in any manner so as to become subject to California Workers' Compensation insurance
requirements.
I authorize the City of Huntington Beach to Immediately and retroactively revoke the license or permit
issued under this declaration If I hire any employee(s) or become subject to the provisions of the laws
requiring Workers` Compensation Insurance.
Applic
Addre
Applii
Title
Location 5,gned: / C , l�7'" p (�
Telephone Number: y�' �J 6 1 — 7f ^ a �d
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City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF ECONOMIC DEVELOPMENT
Director 714/536-5582 Redevelopment 714/536-5582
FAX 714/375-5087 Housing 714/536-5542
January 22, 2001
J. Harvey Hyams Associates
Real Estate Appraisers & Consultants
14851 Jeffrey Rd., #282
Irvine, CA 92620
RE: REQUEST FOR SIGNATURE ON AGREEMENT AND SUBMISSION OF REQUIRED
EVIDENCE OF INSURANCE
Dear Mr. Hyams:
Enclosed you will find a Professional Services Contract ("Contract") prepared by the City Attorney of the
City of Huntington Beach. The Contract outlines the terms under which J. Harvey Hyams Associates
("Hyams") will provide appraisal services to the City of Huntington Beach and stipulates the
compensation to be paid to Hyams in return for its services. Please review and sign the contract and
return it to my attention as soon as possible, along with the required insurance documentation, as
outlined in Sections 10-13 of the Contract (contracted work cannot take place until all insurance
requirements have been met),at the above address. A copy of the Contract has also been included for
your records.
PLEASE NOTE: Do not alter the original contract in any way. Since the contract has been prepared
according to the proposal submitted by Hyams for the City of Huntington Beach, it should not need
revisions. (Should you find that changes to the Contract are absolutely necessary, please make the needed
changes on your copy of the Contract, then return both the original Contract, and the revised copy of the
Contract to me for revision)
Thank you for your assistance. If you have any questions, please do not hesitate to call me at (714) 960-
8831. 1 look forward to working with you.
Sincerely,
Terri King
Development Specialist
3,03
0�.21 CITY OF HUNTINGTON BEACH
Inter -Office Communication
Economic Development Department
Date: March 5, 2001
To: Jeffrey Hughes, Deputy City Clerk I
From: Jf4erri King, Development Specialist
Subject: Bid Process Completion Statement:
J. Harvey Hyams Associates, Real Estate Appraisers &
Consultants
Pursuant to the provisions of the Huntington Beach Municipal Code, Chapter
3.03, with reference to the contract between the above referenced consultant and
the City of Huntington Beach, the following is true:
Over twenty appraisers listed in the Huntington Beach telephone directory were
contacted at their business telephone numbers. Each appraiser was asked to
submit to the City of Huntington Beach Economic Development Department
(attention Terri King) a proposal outlining what they would charge for a residential
or mobile home appraisal (referred to as a "drive -by appraisal" in the appraisal
industry). Appraisers were also asked to submit, along with their proposal, a
sample of their typical drive -by appraisal. Requests for proposals were made
over the phone to save time (appraisal services are sorely needed for the City
Rehabilitation Loan Program).
Approximately six proposals were received by the Department. These include
the following appraisers:
• Kenneth P. Koval, Certified Real Estate Appraiser
• J. Harvey Hyams Associates, Real Estate Appraisers & Consultants
• Jeffrey D. Collins, Real Estate Appraiser
• APPRAISALink, Christy F. O'Dell
• William McBride, Certified Real Estate Appraiser
• Koch Appraisal Service, Ray Koch
All proposals were reviewed. J. Harvey Hyams Associates was one of two
appraisers chosen as a consultant because of his expertise in both mobile home
appraisal techniques and his experience. His bid was competitive for the
appraisal industry.
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