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Home My WebLink AboutMARTHA LENNIHAN & ASSOCIATES - 1999-04-051ITY OF HUNTINGTON BEA MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: CA 99-01 Council/Agency Meeting Held: Deferred/Continued to: ® A proved p Conditionally Approved ❑ Denied p City Cleric's Si nature Council Meeting Date: A p r i 1 6, 1 9 :) 9 Department ID Number: CA 99-01 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION z SUBMITTED TO: OWN gRABLE MAYOR AND CITY COUNCIL MEMBERS. SUBMITTED BY: MAIL HUTTON, City Attorney .7, PREPARED BY: !`GALL HUTTON, City Attorney SUBJECT: Approve First Amendment to Agreement with outside couns4-'M. ac.a Lennihan & Associates re Orange County Water District annexation issues ., Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Whether the City Council will approve the First Amendment to Agreement with outside counsel Martha Lennihan & Associates re Orange County Water District annexation issues Funding Source: City Attorney's Office Budget Account No. E-AA-AT-131-4-05-00 .Recommended Action: Approve First Amendment to Agreement with Martha Lennihan & Associates in connection with Orange County Water District annexation issues. Alternative Action U: Do not approve the first amendment to agreement and pay the remaining balance of invoice. 01-MARTH f -2- 02/16199 9:59 AM SQUEST FOR COUNCIL AC#N MEETING DATE: j+i'ri 1 5, 1999 DEPARTMENT ID NUMBER: CA 99-01 Analysis: Periodically, the City Attorney hires special counsel to represent the City in cases where special expertise is required or there is a conflict of interest. These firms are hired after a "request for proposals" procedure has been conducted. Typically, these contracts are not brought to the City Council since they are for less than $20,000, and pursuant to the City Code, these contracts do not need Council approval. It has now become apparent that the existing legal services being performed by Martha Lennihan & Associates may exceed $20,000 in legal services. Consequently, an amended agreement is now being brought to the City Council for approval. As a matter of background, several months ago, the City Administrator requested that the City Attorney's Department work actively in analyzing the impact to Huntington Beach of Orange County Water District annexing additional territories, particularly the Irvine Ranch Water District, to the existing ground water basin. Water law is a very specialized area and the City Attorney's Department searched extensively for an appropriate attorney to assist in handling this matter. No local counsel were available as all had conflicts of interests. Ultimately, Martha Lennihan of Sacramento, California, was selected. Ms. Lennihan has many years of experience in water law. She has already been contracted with for an amount not to exceed $20,000. Because it appears that the ground water basin will be a long-term issue to the City, it is. requested that Council authorize her legal services in excess of $20,000. Environmental Status: Not applicable. Attachment(s): 1 First Amendment to Agreement between the City of Huntington Beach and Martha Lennihan for Legal Services 2 Agreement between the City of Huntington Beach and Martha Lennihan for Legal Services RCA Author: Scott Field 01-MARTH -3- 02/16/99 10:00 AM 1 0 0 ATTACHME NT I' a a FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAW OFFICES OF MARTHA LENNIHAN FOR LEGAL SERVICES This amendment to the Legal Services Agreement between the City of Huntington Beach ("City") and The Law Offices of Martha H. Lennihan, A Professional Corporation ("Legal Counsel") is entered into on this 5t;h day of - ApriIf, 1999. WHEREAS, the City previously entered into a Legal Services Agreement with Legal Counsel, dated as of October 9, 1998; and NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. Section 2 of the existing Legal Services Agreement dated October 9, 1998, is hereby amended to authorize Legal Counsel to read as follows: Legal Counsel's fee and costs for such services shall be based upon the rates and other provisions set forth in Exhibit A attached hereto. The parties agree that Legal Counsel may adjust the rates and other provisions from time to time upon ninety (90) days notice to the City. City agrees to timely pay for such services in accordance with this Agreement. All other terms and conditions of the Legal Services Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. SF:98Agree:%1artha 01 /28/99 a a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. MARTHA H. LENNIHAN: Law Offices of Martha H. Lennihan A Professional Corporation By: NUO�-�tp-� La Al I print name ITS: (circle one) Chairrnaryreside tlVice President By: ,LlAer "4- print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Ad istrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST - City Clerk µ To APPROVED AS TO FORM: � A� City Attorney q;l INITIATED AND APPROVED: City Attorney .,�- /6--yy'� SP98AgreeAlartha 01 /2Ai99 2 10/19/98 Mo.N 16:32 FAX 916 321 4422 LENNIlW /LOY 14009 EXHIBIT A LAW OFFICES OF MARTHA H. LENNIHAN A --Professional Corporadon 1998 Hourly Races'az Costs Rates Martha H. Lennihan $185 Associates Senior $140-175 junlor 90.135 Law Clerks 8L Legal Assistants $45- 85 File Clerics $ 35 Cgs Mrs Local telephone 8Z Facsimile, 5% of Invoice daily copying and postage at other day to day costs Additional incurred expenses Cost + 50/0 such as filing fees, transcripts, travel, computer research, large copying or other jobs, long distance phone and fax 455 Capitol Mail, Suite 300 Sacramento, CA. 95814-4406 Telephone: (916) 321-4460 Facsimile: (916) 321.4422 ATTACHMENT AGREEMENT BETWEEN THE CITY OF HUNTIl\GTON BEACH AND MARTHA H. LENNIHAN FOR LEGAL SERVICES Table of Contents Section Page 1 Employment 1 2 Fees . . 1 3 Reporting 2 4 Termination 2 5 Hold Harmless 2 6 Independent Contractor 2 7 Workers' Compensation 2 8 Insurance 3 9 Certificates of Insurance; Additional Insured 4 10 Responsible Attorney 5 11 Delegation 5 12 Modification 5 13 City Employees and Officials 5 14 Immigration 5 15 Nondiscrimination. 5 16 Notices 5 17 Entire Agreement . 6 SF:98Agree:Martha 11/05 98 • 0 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LAW OFFICES OF MARTHA LENNIHAN FOR LEGAL SERVICES THIS AGREEMENT is made and entered into this October 9, 1998, by and between the CITY OF HU'�1TINGTON BEACH ("City") and The Law Offices of :Martha H. Lennihan, A Professional Corporation ("Legal Counsel"). WHEREAS, City desires legal services regarding Orange County Basin water rights, including an evaluation of the water rights aspects of the annexation policies of the Orange County Water District, and other Orange County Basin water issues as determined by the City Attorney; and Legal Counsel represents that it is a two -attorney firm specializing in water and other natural resource issues, is willing and able to provide water -rights advice, and will work in conjunction with the Office of the City Attorney to provide legal services to the City; NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. Employment. City hereby employs Legal Counsel and Legal Counsel hereby accepts such employment to represent the City regarding water rights, including an evaluation of the water rights aspects of the annexation policies of the Orange County Water District, and other Orange County Basin water issues as determined by the City Attorney. Such representation may include water rights advice as co -counsel in any water rights litigation. SECTION 2. Fees. Legal Counsel's fee and costs for such services shall be based upon the rates and other provisions set forth in Exhibit A attached hereto. The parties agree that Legal Counsel may adjust the rates and other provisions from time to time upon ninety (90) days notice to the City. In no event shall legal fees and costs exceed Twenty Thousand Dollars 5F:98Agree:Martha ($20,000.00) in a City fiscal year (October 1 through September 30). City agrees to timely pay for such services in accordance with this Agreement. SECTION 3. Reporting'. In performing legal services under this Agreement, Legal Counsel shall work under the direction and control of the City Attorney and shall not render additional legal services other than those specified in this Agreement without the advance concurrence of the City Attorney. Legal Counsel shall consult with the City Attorney on the strategy and conduct of the investigation. SECTION 4. Termination. This Agreement may be terminated by the City at any time by giving written notice to Legal Counsel with or without cause. In the event of termination, all finished and unfinished documents, pleadings, exhibits, reports, and evidence shall, at the option of the City, become its property and shall be delivered to it by Legal Counsel. SECTION S. Hold Harmless. Legal Counsel shall defend, indemnify and hold harmless City, its officers, agents and employees, from and against any and all liability, judgments, damages, costs, losses, claims, including Workers' Compensation claims, and expenses caused by Legal Counsel's negligence or other tortious conduct in the performance of this Agreement. SECTION 6. Independent Contractor. Legal Counsel 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. Legal Counsel shall secure at its expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Workers' Compensation, and payroll deductions for Legal Counsel and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 2 SFMAgree:Martha 1115198 - #4 SECTION 7. Workers' Compensation. Legal Counsel shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against City, for or on account of any Iiability under any of said acts caused by Legal Counsel during the performance of work pursuant to this Agreement. Legal Counsel shall obtain and furnish evidence to City of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury or accident, each occurrence, $100,000 bodily injury by disease, each employee, and 5250,000 bodily injury by disease, policy limit. SECTION 8. Insurance. In addition to workers' compensation insurance and Legal Counsel's covenant to indemnify City, Legal Counsel shall maintain in effect the following insurance policies: A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify Legal Counsel, 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 51,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less SFMAgree:klartha l 115!98 -#4 • • than $1,000,000. Said policy shall name City, its officers, and employees as additional insureds, and shall specifically provide that any other insurance coverage which may be applicable to the legal services performed pursuant to this Agreement shall be deemed excess coverage and that Legal Counsel's insurance shall be primary. B. Professional Liability Insurance. Legal Counsel shall maintain a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for Legal Counsel's professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. SECTION 9. Certificates of Insurance, Additional Insured. Endorsements. Upon request by City Attorney, Legal Counsel shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 7 and 8 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice to City, except that as to professional liability insurance, the insurance provider or agent will endeavor to provide a minimum of thirty (30) days' prior written notice to City in advance of any cancellation that would affect compliance with this Agreement. Legal Counsel shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Legal Counsel under the Hold Harmless paragraph of this Agreement. City or its representative shall at all times have the right to demand a copy of all said policies of insurance. 4 SF:98Agree: W1 artha 1 I i5/98 - T4 Legal Counsel shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 10. Responsible Attornev. Legal Counsel hereby designates Martha Lennihan as the attorney primarily responsible for the services rendered hereunder. Primary responsibility for the work shall rest with Ms. Lennihan, and no work will be assigned to attorneys within the firm without her consent SECTION 11. Delegation. This agreement is a personal services agreement, and the services provided hereunder shall not be performed by or delegated to any person or entity other than Legal Counsel without the express prior written approval of the City Attorney. SECTION 12. Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. SECTION 13. Ci Employees and Officials. Legal Counsel shall not employ any City official or 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 California Government Code Sections 1090, et seq. SECTION 14. Immigration. Legal Counsel 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 8 U.S.C. § 1324a regarding employment verification. SECTION 15. Nondiscrimination. Legal Counsel agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this agreement, in accordance with Government Code § 19702. SP:98Agrec:Martha 1 kl5i'98 - !4 NOU-06-1998 14:09 CITY OF HUNTINGTON BEACH 714 374 1590 P.07i10 SECTION 16. Notices. Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Legal Counsel or to the City Attorney 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 Services, addressed as follows: TO CITY: Gail Hutton, City Attorney City of Huntington Beach 2000 Main Street Post Office Box 190 Huntington Beach, CA 92648 Telephone: (714) 536-5555 Facsimile: (714) 374-1590 SECTION 17. Entire Agreement. TO LEGAL COUNSEL Martha H. Lennihan Law Offices of Martha H. Lennihan A Professional Corporation 455 Capitol Mall Suite 300 Sacramento, CA 95914-4406 (916).321-4460 (916) 321-4422 This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements, whether oral or in writing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. MARTHA H. LENNIHAN Law Offices of Martha H. Lennihan A Professional Corporation (print name) Its: (circle one) Chairma residc ice President CITY OF HUNTINGTON BEACH, a municipal curporation of the State �off]California Atto ioiq) Op APPROVED A/SS TO FORM., , & t 1�y� 5 F Attorney Cxc[d� R�IEWED AND APPROVED: SF:98A8rrC!Martha 6 _ 1115/9R-#4 City Adm istrator 10/19/98 MO:' 16:32 FAX 916 321 4422 LE`NIUN?LAW EXHIBIT A LAW OFFICES OF MARTHA H. LENNIHAN A Professional Corporation 1998 Hourly Rates 8z Costs R� Martha H. Lennlhan Associates Senior Junior Law Clerks 8L Legal Assistants File Clerics osts Local telephone 8z Facsimile, daily copying and postage 8z other day to day costs Additional incurred expenses such as filing fees, transcripts, travel, computer research, large copying or other fobs, long distance phone and fax 455 Capitol Mall, Suite 300 Sacramento, CA 95814-4406 Telephone: (916) 321-4460 Facsimile: (916) 321-4422 $185 $140-175 90-135 $45- 85 $35 50lo of Invoice Cost + 5% 19009 OCT-19-1998 16:36 916 321 4422 98% P,09 LJ • A. General. EXHIBIT B Billing Protocol Special counsel and the office of the City Attorney will be associated as counsel on all matters. The format for inclusion of this office on the pleadings is as follows: GAIL I UTTON, City Attorney (SBN 57372), and [Your Firm Name and Address] 2. A different case name will be adopted for each individual matter to facilitate tracking individual cases, or advisory matters. Each invoice shall include the case name and the City's claim number. Your case number may be included for your convenience. 3. General accounts are not permitted without prior approval. That is, unless they are prearranged, a general account is not to be opened. In the event that a general account is approved, a separate case name should still be used if a matter exceeds four hours. 4. If you are provided with a new case directly from staff, or if a matter arises that requires you to open a new file, the City Attorney should be informed immediately. 5. Generally, the City Attorney will rely upon you for guidance on litigation strategy. Nonetheless, City Attorney approval is necessary for all motions, including demurrers, motions for summaryjudgment and discovery motions. 6. This office should be consulted prior to the retention of services of an expert witness, court reporter, or private investigator. 7. We expect that discovery disputes will be resolved without court intervention. If this is impossible due to the conduct on the other side, please inform the City Attorney immediately. Our accountants will send a request for an auditor response letter annually. Please respond to these promptly. In complicated cases where more than 2.5 hours is required, please contact the City Attorney before drafting your response. SF:98AgreeNartha I li05f98 • 0 A. Travel. 9. We expect that only one attorney from your firm will attend meetings, depositions and arguments, although a second person may be needed for trials and major hearings. Only in unusual cases can travel by more than one attorney be justified. 10. Charges for attorney time during travel is normally not reimbursable and will only be paid if such time is actually used in performing services for the City or as otherwise arranged with the City. 11. Automobile expenses are limited to $0.27 per mile. All other travel expenses shall be approved in advance. Requests for approval shall be submitted at least 14 days in advance to allow for reduced transportation fares. C. Billing r(monthly). 12. All billing shall be 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. Please charge for actual time spent. For example, minimum of .2 for phone calls or .4 for letters is unreasonable unless that is an accurate measure of time spent. 13. The attorney to whom the retainer letter is addressed shall be the principal attorney handling all significant aspects of the case. We may authorize one other individual, usually an associate, to handle a case, but only with our prior permission. Please inform the City Attorney who that person will be and his/her qualifications. We do not anticipate that any other attorney will bill on this case without prior notification. If an urgent issues arises or a court appearance needs to be covered, please call the City Attorney to inform us first. For each approval requested, you may contact the designated Deputy City Attorney if the City Attorney is unavailable. 14. We encourage the use of paralegals for any task that can be delegated. However, similar to attorneys, no more than two paralegals (but preferably one) should work on each case without the City Attorney's prior approval. 15. Law clerks present a unique situation. We recognize your need to train new associates; however, as a public entity we cannot afford to pay for training. Law clerks can be used, with prior approval, and only when it will be beneficial or cost-effective for the City. 16. 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. This will facilitate our approach of cost-effective management of cases and avoid a situation of spending $40,000 in legal fees on cases where only $20,000 is at stake. SF:98AgreeNartha 1 1 /05/98 17. Absent preapproval, we do not pay two attorneys to discuss our case. We recognize the need for such discussion; however, only one of the attorneys should bill for the time. Again, training time is not billable. 18. We do not pay for secretarial time or secretarial overtime. We do not pay attorneys or paralegals for secretarial tasks or tasks that should be subsumed into your overhead. For example, faxing, mailing, arranging for messengers and catendaring are not acceptable charges. 19. We do not pay for word processing charges. This includes per -page or hourly charges. 20. We do not pay for billing or discussion of bills. If we have questions about billing or need additional information on bills, that is not a chargeable event; you should respond without charging the City for the time required. 21. Do not charge for file opening or file closing. These are not true tasks or adequate descriptions of legal activities. 22. We appreciate when you have researched an issue previously and use that research on the present case. The City has retained you because of your past experience. Do not charge the City for work you have done and billed another client for in the past. 23. Special counsel are to pay all costs of the lawsuit, including expert witness fees and transcripts, and include these charges in the monthly billing unless otherwise directed. - D. Reporting. 24. Each month, special counsel shall prepare a brief summary of activity on each case. Each monthly summary should include attempts at settlement. If we have not provided you with authority, please ask the other side for a settlement number and present it to us. 25. After the first monthly summary is sent, you may copy the prior month's summary with an indication in the last few sentences at the end of each summary of any relevant changes during the month. This summary shall be provided by the seventh day of each new month. Special counsel shall not charge more than one hour per case for this summary without prior approval. 26. We need copies of all motions or briefs. Unless previously requested, you do not need to send drafts or miscellaneous correspondence. Significant pieces of correspondence should be copied to us, along with copies of all research memos. SF:98Agree:klartha 1 1:05/98 • • 27. If a case is likely to be a loser, we want to know up front in order to minimize litigation costs, and settle the case. We do not want to be informed of the low probability of success on the eve of trial. You are not expected to be a guarantor of success or an insurer, all that we ask for is your best guess. 28. Special counsel shall notify the City Attorney if it becomes apparent that legal fees for a case will exceed or are exceeding 55,000. Outside counsel shall submit a budget estimating fees and costs, identify the work expected to be done, the identity and billing rate of each attorney and paralegal to be involved, and the amount of time the work is expected to take. Thereafter, the City Attorney shall be updated quarterly of the estimated fees and costs. "Penny wise and pound foolish" is not our approach. Cost-effective representation -is. These billing guidelines are instituted to ensure that your bills convey the information that is necessary to manage outside litigation. We appreciate your services and feel that this protocol will make the attorney -client relationship a smooth one for both sides. Because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. If you feel hamstrung by this protocol, please, raise the issue. Our concern is the results and total cost, not saving a dollar to spend a thousand. SF:98Agree:Martha 11/05/98 Hunt . BCh AttY 16004 03/11/99 THi 13:23 FAX ,�,,,c,�.. [.oa. I � / i�a A CORD r v , h Ak a D%iTE IMIMIODIYY) r'" '02/26/1999 '' Neeeaxn«+.:n+�i6iC•nrm:aatx: -p: ..' zfi.�f �. s:.,la; r,<,.�°:'t ;K ;.,,... n"•s?' ;,9 . PRODUCER (916}546-1919 FAX (916}bob-0995 cGeB, Thi el en dr Purves Insurance Brokers, Inc. ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOTS NOT AMEND, EXTEND OR 3760 RoSi n CaU rt ALTER THE COVERAGE AFFORDED EIY THE POLICIES BELOW. Suite 206 COMPANIES AFFORDING COVERAGE Sacramento, CA 95834 COMPANY Hartford Attu: Ext: A INSURED Martha H Lennihan COMPANY Superior National Insurance Co 13 Suite #300 455 Capitol Mall corcANY Sacramento, CA 95814 COMPANY - D YHr= THIS IS TO AT P LIOES O URANCE LISTED BELOW N 13SU TO THE INSUR D FOR THE LI Y P D - 4NOICATED,-NOTW1Ti3STANDINL31lJM REQUIREMENT, TERM DIYCQHarnON OF ANY CONTRACTOR pTfiER.DOCUMEt -vvrnj RESPECT TO WHICH THIs .�� CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B`( THE POLICIES DES'CRIBEED11�ii60S SUBJEL"i'1'Q'71�C-'FE TERINS� EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. CO POLICY EFFECTIVE POLICY EXPIRATION; TYPE OF INSURANCr- POUGif NUMBER LIIUT l LTR . - - -- i RATE (I{IUDOIYY) DATE IMMIDDIYY) i GENERAL LIABILITY GENERALAGGREGATE t Z3000,d 00 ..x COMMERCIAL GENERAL LIABILITY r "'•'••••"-••��-'•-"'PI .:•• •2,000,000. ' PRODUCTS - COMPJOP AGO : f GLAIMS MADE X i OCCUR A :..:...: 57SBAEM9773 ' PERSOWLL A ADV INJURY = 8 � , floa t aoa 06/21/1998 ; 06/21/1999........................................................ OWNERS d CONTRACTOR'S PROT:; ! EACH OCCURRENCE 1,000,0001 .................................................... . i FIRE OAMAGE IAny One nre) S 3OO , OOO -............................................ ...... ................ i MED EXP (Any one person) S 10,000 AUTOMOBILE UABWTY ANYAUTO ; COMBINED SINGLE LIMIT : S 1,000,000 ALL OWNED AUTO$ BODILY INJURY ; S A scHEDULeDAuros 57SBAEM9773 06/21/1998 06/21/1999 (P.rparyan) X ' HIRED AUTOS - i BODILY INJURY e X NOY-0YVNEO AUTOS )Per accident) .........::...............................E A�'i'hi1 ' ' D -0 PROPERTYDAMAGE S AS FOR1d:, GARAG!LIABILITY '' _ :' AUTO ONLY -EA ACCOUNT 3 ANY AUTO . -,.................................:..:... i 1' = `.. b ? i : T; r i OTHER TNAN AUTO ONLY : '!4,�� 7� ix +e..: :......: .. .................... EACH ACCID 3y • ENT; AWREGATE: S EJLcrsa LIABILITY ;....... ern B V S eAcH f UMBRELLA FORM ...........................__ .. AOOREQAT'E : S OTHER THAN UMBf:ELlA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY " WDN16939E �+ EACHACGDENT y IIpOO000 02 07 1999 oz o7Iz000 !., ' - THE L PAITTNEASJExECurtvE 0.DtSEASE-POLICY UMIT 9 1,000,000 OFFICERS ARE` i ' EXGL : EL DISEASE - EA EMPLOYEE S 1,000,000 OTHER DESCRIPTION OFf-dPEMTIONWLOGATIONWVENICL&VSPEC4AL NANCY PASH1r-%4N �1 Q 9 �999 MAR hh �ygqE�!�� $ 3 :r •v,::or x $..x �K �. $'11W11 }^.Y.Hi., ' — MRSi.t c 875 .d- h = - .. Ii• ' �iP ' ��t�b.. � 9�i�� hs `�"e SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CAN(MLLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY VALL j1qg0@QW MAIL City of Huntington Beach qn DAYS WRITTEN NOTICE TOTHECERTIFICATEHOLDERNAMlDToTHE LEFT, Scott Field, Deputy City Attorney 2000 Main Street �( Huntington Beach, CA. 92648 AUTHORIiE6 REPRF9 nVE R.W. Wood i . ^ , x k MAR-11-1999 13:26 P.04 o3i11/99 TH 13:24 FAQ le�m Yfa%7 7 �-�► Hun-r.Bch AM • . .7�-c.lc- L v l� .. o 0005 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Law Offices of Martha H. Lennihan COMPANY: Hartford POLICY NUMBER: 579BAEM9773 f .-_. TJES;-CHANGES.TH _POLICY_ . PLEASFI:l IT:CAREFULLY. I ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART z— SCHEDULE G] A r- Name of Person or Organization: City of Huntington Beach`- 2000 Main Street aim. - Huntington Beach, CA_ 92648 .. x w (If no entry appears above, information required to complete this endorsement will b-- i shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED .(Section II) is amended to include -as an insured the,person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 201011$S MAR-11-1999 13:26 P.05 (9) •04/05/99 - CouncA enc Agenda - Page 9 Agenda Item Continued from March 15, 1999 (City Council) Mitigation Monitoring_ Program — Environmental Impact Report No. 97-1 EIR — Crest View School -- Wal*Mart — sts Talbert elo Beach Boulevard (440.50) Communication from the Planning Director transmitting a Mitigation Monitoring Program for Council consideration. The Mitigation Monitoring Program requires implementation and . completion of Mitigation Measures identified in Environmental Impact Report No. 97-1 (EIR) for the potential development of the closed Crest View School. EIR-97-1 was certified and adopted by the City Council on 12/14198 along with the approval of General Plan Amendment No. 97-1 and Zoning Map amendment No. 1. The potential development is of a 130,342 square foot Wal*Mart with an 8,158 square foot garden center as well as three retaillrestaurant pads ranging in size from 3,500 to 5,500 square feet. Recommended Action: Motion to: Approve Mitigation Monitoring Program for Environmental Impact Report 97-1 (Attachment No. 5) to the Request for Council Action dated April 5, 1999. [Approved 7-0] E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned regular meeting of February 22, 1999 and regular meeting of March 1, 1999 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and adopted 7-0] E-2. (City Council) Approve Bid Selection for the Remedial Repair of Arterial Streets — MSC 402 — Hardy_& Harper. Inc. (600.90) — Accept the unit prices submitted by Hardy & Harper, Inc. and award a construction contract to Hardy & Harper, Inc. not to exceed $200,000 for the remedial repair of arterial streets -- MSC-402. Submitted by the Public Works Director [Approved 7-0] E-3. (City Council) Approve First Amendment to Agreement with Outside Counsel Martha Lennihan & Associates, Reciarding Orange Countv Water District Annexation Issues (600.10) —Approve First Amendment To Agreement Between The City Of Huntington Beach And -Law Offices Of Martha Lennihan For Legal Services in connection with Orange County Water District annexation issues and authorize execution by the Mayor and City Clerk. Submitted by the City Attorney (Evaluation of water rights aspects of annexation policies of O.C.W.D. and other Orange County Basin water issues as determined by the City Attorney.) [Approved 7-0] • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LET ER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNT CIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUN'TE GTON BEACH DATE: Name �YSS CAA/ Street City, State, Zip ATTENTION: DEPARTMENT: J EGARDIl` G: 2; rgs t /--�-ro --. t t� cl. r7 O01 ' J e� See Attached Action Agenda Item E — J Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Connie Brockway City Clerk arks: cam•- I_S rL ct�t �.;,, r� `'c`-cM�-./1'�' -ham A f{ v. /� / `+"` <+Jq s sJ r. ✓ R r,C .6 •-r /-) r r-d:L- Jan -r --r -7*"7 o-Ow) X-- , C Attachments: Action Agenda Page Agreement Bonds Insurance v/ RCA Deed Other Nme Department RCA Agreement Insurance Other Name Department RCA Arcameat Insurance Other Name Department RCA Ai.emet; Insurance Other Nam Department RCA AFeemen: Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Followup/coverltr 1 Tele phone : 714.536.5227 ) CITY Or HUNTIN, GTON BEACH APPLICATION FOR rNSURANCE REQLIPLE-NiEX'S WAIVER OR MODIFICATION. 1. i\T2rnelride/Departr'tent ofRegLcsting Staff Ve.7ber J,CE.r� 2. Date of Request_ I I a c ;. :7ame cf ConLractor,•Perr-.i-nee_ ---Ma 4ha- U L-- 4. DeSeription of rork,o be p:rforr;ted dcsl.5�r f-, L4 L.kJ;nea Lurk- `eke 1 5. T cn€h of Contract e -e�_f.f m l - 6. T\ of Ir,suip-nce 1'v'ai\'er or'\iod,-�cauo:i Rec•,;cst-,d• $ 2 C) �; cam' 10 ,r 2 It (a) Limits: 11 Q 1 �Co (o) Cc�cra�• 7. Reason for Request for Waiver or Recuc:ic-i of T m s $.I'd cn&N. the risk$ 10 t ,e City if L1is requ!51 -1°i •'ci','er C•r modific2l]G1s 2r2. 1td D �ep.,rr,cnt 1e.ad SiCi`, atwza ( 'his section to be conrpleied l v the Risk Manager) Rea�tn.=ncr,dGuon: Appro,re ✓ Deny :risk MLnaaer's Sigma-=t.Da,e (1 kis section to be cemple;ed the CuY Atrorr. e)) Reccmmm,ei,�Luoon Approve Deny CS;.• Attorney's IT S--ILIc to Ct.'.L:,i l"." a 5 l's -lo,' re: u., �` ::i .:;5'.+'2;1'�:, f 5�;:le-ert CG:i%��.ee approval I `':et, subr.-at form 10 City Anome}''s Orzice o placed 0.1 tr,e 2pnd2. Recomon—nda,ion: Approve —Deny Ci- Council approval jis] PrtoSlenUernent equired for ais ,.an-t!. If C:;-\r Council apprcval is required, 2aach Lttis fo „ to the RCA aver consideration by Come, ,, Ti:is i,,sura.nce u•2 ver (is) is not on City Council 2genda. jimpkIresoL6DNins,eq/;h 1197 7 03/11/99 THI: 13:23 FAX MRR.11.1999-- 9:30A ACQRD. CERT! VICI -a�z cOD. I v4�.t: �;,[.� [.00. � o ��y Hunt .Bch Arty - D02 , 'Or LIA13ILITY INSu NCB@72--7P ��IMw"," P Ip =21 Y-0]/11I99 Deakins/Athanm Ina Sacramento License No. 0545478 P. 0. Box 13841 Sacramento CA 95815 Phone:916-925-2525 Faa-916-925-3595 >�th B . , L�spihan A Pro163i sal Gq o ati4n 455 Capitol 1!(a11u 300 9sasausuato CA 95�1 - 406 COVERAGES CNI_Y AN13 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE! DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICI ES DELM INSURERS AFFORDING COVERAGE INSuREAAi Llovda . London IN3uRe1k THE POLICIES OF 1M81UPAMCE LISTED BELawnaVE DEEN MUD TO THE MUM MAYO AIOVE FORTHE POLICY MIOn IjIIDICATED. NOTN1)THSTANDINO ANY R60U1REMP(r. -ERM OR CONDITION OF ANY =NTPACT OR a rwER DOCUMENT WITH 085PIM To WHICH TBS CERTIACAT'C MAY BE ISaUEO OR MAY PERTAN, THE INSUAAWW AFPORDED BY THE POLICES DESCRIBED HEREIN IS OUBJECYTO ALL THE 7JAMI. MUMIONS AND CONDITIONS OF SUCr POLICIES. AGGREGATE LJMrM SHOWN MAY HAWE BEEN REDUCED BY PAID CLAW1. MW Type OF INAURANCE POLICY NUM9ER pA7E �M M 1JNI� GENERALLIABILFT' EACH OCCURRENCE f FIRE DAMAGE (Arty 0%+H) a♦ cOMMERCU0. OENEPAL LIABILITY CLNMBMADE OCCUR MEDOLPU4yalpPawn) f PEPSOW & ADV INJURY B OWGUL AGGREGATE 1 I--�I GEN'LAQWe3ATELIMIT APPUESPER: :POLICY! I Myr 7 Lac PROULCTS-COMPIOPACG S f AUT13MO5ILSLJA1aILRY ANY AUTO I COMBINBOBINGLELJMIT (Ea 4-W-1I4 ALL OWNED AUYos I ICI-LOULEDALROS BODILY INJUAY (Parperax) s BODILY NJLIRY cparea w*u 5 HIWM AV"a NO"WWNEDAUTOS PROFEArY OAMAOE (par w) ¢ 1 A I E EAAOC OTHER THAN ONLt: ACi6 6 AUTO ffWRMFLWBLITY ANY ALTO km-�GG&LVIBILRY J OCCUR CLANAS MADE 15II I I OACrIOCCURRENCE a I AGGREGATE i D nnC;7 aEaurnBLE RETMON s �y � s wOR)QABCOMPENSATION AND EI KOVERS' LIABILITY a 3' ;�-,. Ott. 11e3h LIM E.I. PROW ACC'OfiNr i 9.1- DISEASE- EA EMPIM4 i E.LDISEASE- POLICY LIMrr j 3 OTHFA A Professional VW53030%1 02/01/99 02/01/00 limit* $1,00D,000 SIR* 10 000 DESCRp-noN OF OPEAA O TIOMWVHKIOLESA3CLL19IONs ArW-D BY DORBEMEN MPEC1AL PROVISIONS +$1,000,000 pox claim limit, $2,000,000 in the aggiv"te (including costs aad auponzaa) excess of 410,000 ratention each and every lose Rincludinq costs and expOnaegj. BE, Evidence of cave -rage This certificate suporeadoa one issued oa 2/5/99 **Jeakine/Athon6 on Behalf of vise Underwriters Lr-mjir LUAIG MULLJCM I iW I ADP)TIPnAL INSUNE9V INELINER LETTER: 6.HIWL.cLLA I IUn WWII-2 BNOULDANY OFTME ABOW DElQRIsenPOLICIES BE CA"eeLLep UVORR 7►IE City of Hunt ingtan Seanh WIAATJCN GATE THEREOF, (IiE MCIA INSUMI WILL E1lp ANI& 4W MAIL Deputy City Attotnvy 3D DATB+NR)TTENNOTICETOTHCCCRTTFICAT%}IC'..DERWmWTOTrE Scott Field 2000 I�in ®t sot LEPF, +r efer Huntington 8aaeh CA 32648 gas (Tr97) I NPR-11-1999 13:25 97i P.02 • • L�,j, o CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: q / ? Z 9 `j r✓ v F . cs-� v 7L TO: �tg- 7-?el fig Name '4f S Soc Street GR ! S 8 / y City. State, Zip ' ATTENTION: DEPARTMENT: REGARDING: 4-0 /4 r- e- See Attached Attached Action Agenda Item Date of Approval < s Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie BrockwaN City Clerk Attachments: Action Agenda Page t/ Agreement �_ Bonds Insurance ✓ RCA Deed Other A��-•o-r7 1.3�c.n Name Department RCA Agreement Insurance Other Name Department RCA Ag.cemen: Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept_ Insurance Received by Name - Company Name - Date G:Followup/coVcrltr ( Telephone: 714.536-52271 03/11/99 THU 13:23 FAX Hunt•BCh AttS 10003 MAR.11.1999-- 9: 31AKINSiRTI-lENS INS. N0.67r—F. Siq� IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the pottcy les) must be endorsed. A statement on this cartlf3cete does not confer rights to the aorttlleat■ holder in llsu of such endotsament(s). if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certsin polwas may requim an endorsfmsnt, A statement on this anAifie to doae hot confer rtgh% to the cartf =le holder in lieu of such endarsernent(s). DISCLAIMER The Cert)flcata of Insurance on the reverse side ofthla torn does not cof1r6tute a contmet between the issuing inuter(a), authorized represenmWe or ptaducof, ikRd the oetttT=te holder, not does it afl9nmtetlnaly or negatively amend, extend or alterthe coverage afforded by the POWs& Ilsted thereon. MAR-1 1-1999 13: 25 97% P.03 03/11/99 THU 13:22 FAX .4 Hunt.BCh AttS [tool LAW OFFICES OF MARTHA H. LENNIHAN A PROFESSIONAL CORPORATION 455 CAPITOL MALL SUITE 300 SACRAMENTO, CA. 95814-4406 MARTHA H. LENNIHAN TELEPHONE (916) 321-4460 LORI LEI "Pico" K- OZAKI TEL.EFAx (916) 321.4422 FACSIMILE TRANSMITTAL. To: 3OAN GIGUERE FROM: KATHY POWELL RE: INSURANCE CERTIF1f-,61ES DATE: MARCH 1 1, 1999 PAGES INCLUDING COVS05HEET: Attached are the certificates of insurance regulred by the City of Huntington Beach, which we discussed earlier. I am sorry for the delay in getting these to you. I had not received the copies I had requested. As I mentioned, the agent told me the originals were going directly to you, and perhaps you have everything you need by now. However, to be certain, I am following up with this fax. Please tall me If you have any questions or need further Information. IMPORTANT: THE INFORMATION CONTALNED N THIS FACS34ILE MESSAGE IS BEING SENT BY OR ON BEHALF OF A LAWYER: IT MAY CONTAIN OR CONSTITUTE INFORMATION PROTECTED BY THE ATTORNEY -CLIENT ANDIOR TH6 ATTORNEY WORK -PRODUCT PRIVILEGE. IF TI•IE PERSON ACTUALLY RECEIVING THIS FACSRJME OR ANY OTHER READER OF THE FACS MLI: IS NOT THE NAMED RECIPIENT, OR THB EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE NAMED RECIPIENT. YOU ARE NOT AWHORIZED TO RETAIN, READ. COPY OR DISSEMPZATE 1111S COMMUNICATION OR ANY PART OF IT. IT YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE D AMMIATELY NOTIFY US 13Y TELFPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE U.S. POSTAL SERVICE, THANK YOU. MAR-11-1999 13:24 se% P.01 RLw s10/. 2/98--"THii"10:02'FA `916 321 .4422" LErNiHAN/LAw ` 4 - OF LAW OFFICES_ X. _MARTHA_ H. LENNIHAN A PROFESSIONAL CORPORATION 45S CAPITOL HALLm 'SUITE 360 .: SACRAMENTO, CA. 95814-4406 MARTHA H. LENNIHAN TELEPHONE (916)-321-4460 LORI Le "Rico" K.. OzAyt TELEFAX (916) 321-4422 FACSIMILE TRANSMITTALS To: SCOTT FIELD :77"- r -t �.;� -•k -:1' : Iti7 FROM: MARTHA LENNIHAN j -. -• RE: CERTIFICATE OF INSU&6NCE DATE: OCTOBER 221 1998 PAGES mauolNr, covEx mgm 2 IMPORTANT: THE INFORMATION CONTALN'ED IN THIS FACSIMILE MESSAGE IS BEINO S _NIT BY OR ON BEIL4LF OF A LAWYER; IT MAY CONTAIN OR CONSTITUTE INFORMATION PROTECTED BY THB ATTORNEY -CLIENT AND/OR THE ATTORNEY WORK -PRODUCT PRIVILEGE. 1F THE P13RSON ACTUALLY RECETVINO TWS FACSI)4LF OR ANY OTHER READER OF THB FACSDv= IS NOT THE NAmBD RECIP1&NIT, OR THE WMOYBE OR AGENT MSPONSIgU TO DELIVER IT TO THE NAMED RECIPIENT, YOU ARE NOT AUTHORIZED TO RETAIN, READ, COPY OR DISSEMINATE THIS COMMUNICATION OR ANY PART OF IT, IF YOU HAVE RBCMVED THIS CONLMUNTICATION IN ERROR, PLEASE B&AEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT TIM ADDRESS ABOVE VIA THE U.S. POSTAL SERVICE. THANK YOU. RCT-22--1998 10:06 916 321 4422 98% P.0? I S. 6. 7 L 1 CITY OF HbNI INGTON BEACH APPLICATION FOR INSURANCE REQU"IREME:N'TS WAIVER oR MOI?b ' Name/Title/Departmelu of Requesting Staff Y,-.mbcr . ,- Date of Reouest �iA 6 - - - - - Name of Contra ctor,Perxrdt,ee / gkC r-fYtGL- Description of work io beperformed \\\JJ1 1 •• S ` _� e t Length of Contract _ TN -pc of Insurance Waiver or ModificatJon Requested: r.�r,[A�t- 240 dAA,1,�(� (a) Limits: (b) Covtrage Ramon for Request for Waiver or Reduction of Limits_ .8. IdendAy the risks to he Cin' iFt}•.is request;cr',.a;�er or r odificat c:ts grantee u-+�� C � DepLrm.-nt 1r1aad Si 9natu: e (This section to be completed bY the Risk Man ager) Recosrtrnerdation: j Approve ✓ Deny Risk Mamger's SignarimDaie c��/^l24� G/ X (This section to be complefed-bt! the City Attornet) Recomine1ndado�n : Approve Dem, Croy Artorney's Signatz.5re:DJ Settlement Comurnirtac—c app of is n o t 1, r ; imd i:.:s w2.-;'x'�r. U Settic.m.tnt Cci 7m] le- approval is requi red, subrrdt form to City Atiomey's Off o placed on tr:e agenda. Recommendation: Approve Denv City Council approv isQNen equired for this waiver. If Cit1• Council Gpproval is required, attach this form to the RCA as er consideration )ernent Committee This insurance waiver jis) [is not) on City Council agenda, JmplklresnuGon/nsreg/9l11 J97 7 RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE SUBJECT: First Amended Agreement for Legal Services with Law Offices of Martha Lennihan COUNCIL MEETING DATE: Aril 5, 1999 RCA ATTACHMENTS - : ' STATUS - Ordinance w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits NotApplicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Aftome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the CV Attomgj Attached Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report if applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable_ EXPLANATION FOR MISSING ATTACHMENTS Insurance Certificates from Law Firm are being processed. REVIEWED RETURNED FQRWWED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: