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HomeMy WebLinkAboutLynn Merrill - 2010-12-20Name of Contractor: Lynn Merrill Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Fleet Management Services Amount of Contract: $30,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept. ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Nam Exten on City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LYNN MERRILL FOR FLEET MANAGEMENT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and LYNN MERRILL, an individual, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide interim fleet management services for CITY; 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." CONSULTANT shall be the 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. 10-2695/55300 1 of 1 I 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on bee- 'l-r , 20j0 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than six (6) months from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 Thirty Thousand Dollars ($30,000). 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 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." 10-2695/55300 2of11 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 ft. 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 (or alleged 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 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 10-2695/55300 3ofII 9. PROFESSIONAL LIABILITY INSURANCE This requirement waived per Insurance and Indemnification Waiver dated 10/26/ 10. 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. state that the policy is currently in force; and C. shall promise that such policy 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. 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. 10-2695/55300 4of11 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, 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. 10-2695/55300 5of11 15. CITY EMPLOYEES AND OFF 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: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Lynn Merrill 968 West Marshall Boulevard San Bernardino, CA 92405 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. 10 2695/55300 6ofII 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 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 10-2695/55300 7of11 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 party 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 nonprevailing party. 10-2695/55300 8of11 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY frilly for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the sign tory or is withdrawn. CONSULTANT's initials 28. 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 10-2695/55300 9 of 11 Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. LYNN MERRILL 10 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By Director AoffPuglic Works APPROVED AS TO FORM: City Attorney EXHIBIT "A" A. STATEMENT OF WORK: CONSULTANT shall provide CITY with interim fleet management support. Support will consist of both onsite and technical support to the Public Works Department. Specific work shall include assistance in implementing the recommendations contained in the Evaluation of Fleet Operations dated Sept. 15, 2010 prepared by Mercury Associates, Inc. D. WORK PROGRAM/PROJECT SCHEDULE: 1. CONSULTANT to provide onsite services a maximum of three (3) days per week at a schedule that is mutually agreeable to both CITY and CONSULTANT. 2. CONSULTANT to provide approximately 24 to 30 hours per week of both onsite and technical services. Lynn Merrill Exhibit A Loan WMUND200 =oMu=dpa7Governments w October 19, 2010 Jerry Thompson General Services Manager City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92647 Dear Mr. Thompson: In reference to our discussion regarding the provision of interim fleet management support, the following proposal is respectfully submitted. We are proposing to provide the City of Huntington Beach with interim fleet management support for the period from October 13, 2010 through January 15, 2011. The services will consist of 24 to 30 hours per week of both on - site and technical support to the Public Works Department. Specific work shall include assistance in implementing the recommendations contained in the Mercury Associates, Inc. "Evaluation of Fleet Operations" report dated September 15, 2010. We are anticipating being on site a maximum of three days per week. Our standard hourly rate is $90.00 per hour: however, we will be providing these services at a discounted rate of $75.00 per hour for this assignment. We will be billing on a twice per month basis with payment due net 30-days. We anticipate delivering 400 hours of services at a not -to -exceed cost of $30,000.00. We look forward to working with you on this effort. Sincerely, '4/ Lynn Merrill Principal 968 West Marshall Boulevard, Scan Bernardino, California, 92405 Telephone 951-217-1201 Fax 909-883-6563 Email LCMUPLl ND(4 arol.com EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: $75.00 per hour B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done semi-monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. 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 CONSULTANT 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. Lynn Merrill Exhibit B hourly I 5. 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 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. Lynn Merrill Exhibit B hourly 2 MODIFICATION INSURANCE AND INDEMNIFICATION WAIVER 1. Requested by: Public Works 2. Date: October 25, 2010 3. Name of contractor/permittee: Lynn Merrill 4. Description of work to be performed: fleet management services 5. Value and length of contract: not to exceed $30,000 or 1 year 6. Waiver/modification request: Accept General Laibility coverage in lieu of Professional Liab 7. Reason for request and why it should be granted: Vendor is to provide on -site and off -site services as Interim Fleet Manager necessary during transition period until recruitment can be completed. 8. Identify the risks to the City in approving this waiver/modification: There is low risk to the City in approving this waiver. Vendor is not performing a study. Vendor is not providing design, engineering or construction services. 10/22/10 Departme Head Signature Date: Merrill waiver form 10/25/2010 1:32:00 PM AC TM �R`�I�IC TE F LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/22/2010 PRODUCER g51.248.7500 FAX 951.682.2866 Patrion Insurance - Lic #0684551 Post Office Box 992 - Riverside, CA 92502 Jose Magana THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Lynn C. Meril 968 W. Marshall San Bernardino, CA 92405 INSURERA: Golden Eagle Insurance Corp INSURERB: INSURERC: INSURER D: INSURER E: w ACC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MIWDD LIMITS FA GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR GL9929260 01/19/2010 01/19/2011 EACH OCCURRENCE $ 1,000,000 DAMAX PREMISES (Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT . $ OTHERTHAN EAACC AUTO ONLY: AGG $ $ EXCESS / UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ McG GRNEY EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVEY7 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $- OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS ity of Huntington Beach is names as additional insured as required per written contract between insured and carrier. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED Jose Mac ACORD I rights reserved. The ACORD name and logo are registered marks of ACORD If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 12009/011 ENDORSEMENT 10�Golden Eagle Insurance® M—bc, dLb" MuttW G.up 1 Policy Number: GL 9929260 Prior Policy: 9929260 Billing Type: DIRECT BILL Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured and Mailing Address: Agent: LYNN C MERILL PATRION INSURANCE SERVICES, IN 968 WEST MARSHALL C-LRAM SC SAN BERNARDINO CA 92405 PO BOX 992 RIVERSIDE CA 92502-0992 Agent Code: 4295972 Agent Phone: (951)-248-7540 POLICY CHANGE ENDORSEMENT POLICY PERIOD: From: 01/19/2010 To: 01/192011 at 12:01 AM Standard Time at your mailing address shown above. DESCRIPTION OF CHANGE CHANGE EFFECTIVE DATE: 11/032010 THE FOLLOWING ADDITIONAL INSURED IS ADDED PER FORM CG2010: CITY OF HUNTINGTON BEACH ITS OFFICERS ELECTED OR APPOINTED OFFICIALS EMPLOYEES AGENTS AND VOLUNTEERS Original Annual Premium New Annualized Premium Countersigned: By, $ 750.00 $ 750.00 Authorized Representative NO PREMIUM CHANGE $ 0.00 Date Date Issued: 11/112010 rorming a part of Policy Number: GL • 99292,60 Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent: LYNN C MERILL PATRION INSURANCE SERVICES, IN C-LRAM SC Agent Code: 4295972 Agent Phone: (951)-248-7540 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) I Location(s) Of Covered Operations Or Oruanization(s): CITY OF HUNTINGTON BEACH ITS OFFICERS ELECTED OR APPOINTED OFFICIALS EMPLOYEES AGENTS AND VOLUNTEERS 2000 MAIN ST HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1._- All -work, including -materials,, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person- or organization other than another contractor or subcontractor engaged- in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 CG 20 10 07 04 Page 1 of 1 01/19/2010 .z ,9929260 NN163635 1211 PGDM060D J3M GC3HPPN o0000127 Page 7 CITY O UN l d O_ BEACH Oit ? Y Professional Form m 1 Ili Service Approval ram, E Date: 12/7/2010 Project Manager: Jerry Thompson, General Svcs. Manager Requested by Name if different from Project Manager: Debra Jubinsky Y,657) Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Lynn Merrill 2) Contract Number: CHOOSE DEPARTMENT PWK 010 066 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 30,000 not to exceed 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. D7rector of Finance (or designee) Signature Date ` CITY OF HUNTINGTON BEACH Date: 10/18/2010 Project Manager Name: Jerry Thompson Requested by Name if different from Project Manager: Debra Jubinsky Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Consultant services for Interim Fleet Management services 2) Estimated cost of the services being sought: $ 30,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 10085701.69365 Amount $ 30,000 Amount $ Amount $ Amount $ Amount $ 6) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Department Head $signature qL--,- Tz� t,� Directof inan e's Initials Deputy City' ministrator's Initials APPROVED / ,EIAED ❑ ministrator's Signature 16 (C('--to Date �o-/I?-/� Date jC �le)lIu ate 6-)b-16 Date