HomeMy WebLinkAboutJOE CALLANAN & ASSOCIATES - 2003-01-15u i,ty Contracts Checklist for Submittal to
` City Clerk's Office
\ Hunt Beach*
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
1. Name of Contractor:
JOE CALLANAN & ASSOCIATES
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
Consultant to provide technical expert witness services for tort/t 61ices related cases.
3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
JANUARY 1, 2005
4. Amount of Contract: under $50,000
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES 124.NO
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? ❑ YES VL N/A
OR Is the attached contract a SOLE SOURCE? ❑ YES IYN/A
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? DYES
PLEASEINCLUDE:
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Name/Extension
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CITY CLERK'S OFFICE USE ONLY:
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JOE CALLANAN & ASSOCIATES
FOR
SPECIALIZED TRAINING CONSULTANTS
Table of Contents
1
Scope of Services......................................................................................1
2
City Staff Assistance..................................................................................2
3
Term; Time of Performance.......................................................................2
4
Compensation...........................................................................................2
5
Extra Work.................................................................................................2
6
Method of Payment....................................................................................3
7
Disposition of Plans, Estimates and Other Documents ..............................3
8
Hold Harmless...........................................................................................
3
9
Professional Liability Insurance..................................................................
4
10
Certificate of Insurance..............................................................................5
11
Independent Contractor.............................................................................6
12
Termination of Agreement.........................................................................6
13
Assignment and Delegation........................................................................6
14
Copyrights/Patents....................................................................................7
15
City Employees and Officials ................... .
16
Notices.......................................................................................7
17
Consent................................................................. ....................8
18
Modification...............................................................................................8
19
Section Headings.......................................................................................8
20
Interpretation of this Agreement................................................................8
21
Duplicate Original......................................................................................9
22
Immigration.................................................................................................
9
23
Legal Services Subcontracting Prohibited..................................................9
24
Attorney's Fees...........................................................................................10
25
Survival .......................... .............................................................................10
26
Governing Law...........................................................................................10
27
Entirety...................................................................................10
•
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JOE CALLANAN & ASSOCIATES
FOR
CONSULTANT AND EXPERT WITNESSES SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this 15
day of (A•s s /A 2003, by and between the City of Huntington
Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY, and JOE CALLANAN & ASSOCIATES, a Sole Proprietor hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
technical expert witness services for tort/police related cases; and
The requirements of Huntington Beach Municipal Code, Chapter 3.03,
relating to procurement of professional service contracts were not complied with
because. This was an extraordinary circumstance involving a unique service
where the trial attorney selected the expert witnesses based upon his evaluation of
the expert's qualifications to testify;
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."
Agreemenv2003:'Ca1 lanan I
CONSULTANT hereby designates Joe Callanan who shall represent
it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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
January 1, 2005, unless sooner terminated as provided herein. All tasks specified
in Exhibit "A" shall be completed in a timely and professional manner.
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 into this
Agreement by this reference.
5. RESERVED
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement.
Agreemenv2003 Callanan 2
•
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER
DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and
office notices, calculations, computer code, language, data or programs, maps,
memoranda, letters and other documents, shall belong to CITY, and
CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall
occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses,
judgments, demands and defense costs (including, without limitation, costs and
fees of litigation of every nature or liability of any kind or nature) arising out of or in
connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence
or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel.
This indemnity shall apply to all claims and liability regardless of whether any
Agrccment!2003 Callanan
insurance policies are applicable. The policy limits do not act as limitation upon
the amount of indemnification to be provided by CONSULTANT
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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 all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll
deductions for CONSULTANT and its officers, agents and employees and all
business licenses, if any, in connection with the PROJECT and/or the services to
be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and
workmanlike manner. CITY may terminate CONSULTANT's services hereunder at
any time with or without cause, and whether or not the PROJECT is fully complete.
Any termination of this Agreement by CITY shall be made in writing, notice of
which shall be delivered to CONSULTANT as provided herein. In the event of
termination, all finished and unfinished documents, exhibits, report, and evidence
shall, at the option of CITY, become its property and shall be promptly delivered to
it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work
hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to
any other person or entity without the prior express written consent of CITY. If an
assignment, delegation or subcontract is approved, all approved assignees,
AgreemcnO003%CalIanan 6
delegates and subconsultants must satisfy the insurance requirements as set forth
in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item
or material produced as a result of this Agreement.
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 Califomia Govemment 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:
Agreement 2003`Callanan
i
•
TO CITY:
City of Huntington Beach
ATTN: Scott Field, Asst. City Attorney
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Joe Callanan & Associates
430 Quintana Road — PMB # 154
Morrow Bay, CA 93442-1948
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.
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
Agreementl20031CalIanan 8
0 .
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 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.
Aereemenu2003rCal lanan 9
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, 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
Agreemenu2003."CalIanan 10
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i
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 supercede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject
matter hereof.
[This section intentionally left blank]
Agrccmcnt12003/Callanan I I
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,
JOE CALLANAN & ASSOCIATES
By: ..,.
ot--�S�o3
print name
Sole Proprietor
Agreementi2003/CalIanan 12
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
(Pursuant To HB C §3.03. 90
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED:
City Administrator
(only for contracts over $50, 000.00)
•
EXHIBIT #A
i
1W:1II11131M %
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT to provide technical expert witness services for tort/police related cases.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Not Applicable
C. CITY'S DUTIES AND RESPONSIBILITIES:
Not Applicable
D. WORK PROGRAMIPROJECT SCHEDULE:
Not Applicable
agree/forms/exV 10-01
9
EXHIBIT #B
'EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
JOE CALLANAN - $100 hr.
B. Travel
I . Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to Thirty -Six Cents ($0.36) per mile. All other
travel expenses must be approved in advance by CITY in writing. Requests for
approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billiniz
1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example. minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars (S75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever
is less.
agree/forms/ex13-hourly fee/ I/13103 EXHIBIT B
Hourly Payment
• 'EXHIBIT "B" Is
Payment Schedule (Hourly Payment)
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. 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.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) 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
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
10. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
agree/forms/exB-hourly feel1/8 03 EXHIBIT B 2
Hourly Payment
• ' EXHIBIT "B" •
Payment Schedule (Hourly Payment)
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
agree/forms/exB-hourly fee/ Ii8/03 EXHIBIT B
Hourly Payment
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Scott Field
2. Date: January 8, 2003
3. Name of contractor/permittee: Joe Callanan & Associates
4. Description of work to be performed: Expert Technical Witness services for tort/police
related cases
5. Value and length of contract: Under $50,000 - Three years
6. Waiver/modification request: Complete waiver of Professional Liability
7. Reason for request and why it should be granted: For consultation expert witness
services, only.
8. Identify the risks to the City in approving this waiver/modification: No risk, if any.
I -w- - - I Lq10--s
epartment Head Unature I Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management /
pp
A roved ❑ Denie ��j
Signature Date
2. City Attorney's Office
d
Approved El Denied /7Z l )r .3
Signature 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
Document2 1/8/2003 1:55 PM
PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: Scott Field, Assistant City Attorney
2. Date: January 8, 2003
3. Name of consultant: Joe Callanan & Associates
4. Description of work to be performed: Consultant to provide technical expert
witness services for tort/police related cases
5. Amount of the contract: $50,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10015301.69375
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
Explanation: This was an extraordinary circumstance where expert testimony
had to be obtained in a few days.
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.
r10
IC R55XIMADRIL, MVTrgrge
PurchaNg/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
DocumznQ 1 8I2003 100 PM