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Home My WebLink AboutMNA CONSULTING - 1999-01-04�✓, h/oiNRK- Pu�i7n��G Council/Agency Meeting Held: 6Z2d-!!�q Deferred/Continued to:� Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 28, 1999 Department ID Number: PL99-49 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PREPARED BY: SUBJECT: 114-104- Approve an Amendment to an Agreement with MNA Consulting for Bolsa Chica Annexation Consulting Services RAY SILVER, City AdministratorAg$ HOWARD ZELEFSKY, Director of Planning Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of an amendment to an existing professional services agreement with MNA Consulting for the continued provision of consulting services relating to the potential annexation of the Bolsa Chica. Funding Source: Funding is available in the Planning Department's FY 1998-99 budget. General Fund $30,000. Recommended Action: Motion to: 1. Approve an amendment to the contract between the City of Huntington Beach and MNA Consulting for consulting services relating to the potential annexation of the Bolsa Chica not to exceed $30,000 2. Approve a waiver from the City's zero professional liability insurance deductible amount for MNA Consulting as recommended by the Settlement Committee Alternative Action[s]: Do not approve the amendment and direct staff accordingly. MQUEST FOR COUNCIL ACT* MEETING DATE: June 28, 1999 DEPARTMENT ID NUMBER: PL99-49 Analysis: The City Council initially approved a contract with MNA Consulting to provide assistance with the potential annexation of the Bolsa Chica in January 1999. Since that time, MNA has, with the assistance of its subcontractor, Rosenow Spevacek Group, prepared the Bolsa Chica Annexation Study and provided staff with expertise regarding financial aspects of the potential annexation and LAFCO procedures. As negotiations with Hearthside Homes have advanced, the annexation and financial issues under consideration have become increasingly complex. As such, staff desires to extend MNA's contract for an additional $30,000 to continue to provide expertise to successfully conclude pre -annexation negotiations. Should the City initiate annexation, an additional contract amendment of approximately $60,000 will be required to process the LAFCO application and complete necessary financial analysis and negotiations. As required by the Municipal Code, such an amendment would be brought before the City Council for its consideration. The MNA staff who are working with the City are knowledgeable and have extensive experience with the annexation process. Staff has been pleased with the quality of their work and is satisfied that the proposed scope of work and associated fees are reasonable. Staff recommends that the City Council approve the proposed contract. Environmental Status: Not applicable. Attachments : RCA Author: Peter Grant MNA -2- June 25, 1999 7:48 AM LJ r1 LJ . "iff J1 .11z CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: /kl -- Name a C cat re c C�c1 rC �' U' n 61 eG o7 .��Fd�Y�ru� �a/61 City, State, Zip See Attached Action Agenda Item ATTENTION: Uri e�T Ire ck/�l DEPARTMENT: nh,2/rInaY1 t_.I I REGARD1 G: sa Ch/i _ Date of Approval ,2P Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. N Connie Brockway City Clerk Remarks: Attachments: Action Agenda Page Agreement ✓ Bonds Insurance ✓ RCA Deed Other CC: & II10 nn Id � / N _e/ / L—&'Vol t — Dep/a�n ent 1.CU -w //\/ RCA ✓ Agreement ✓ Insurance Other —1z Name ,Z?-/ez::�S_zy- Y — Department /a n / ti RCA ✓ Ag:eemen: --✓ Insurance Other --Lz Na •y✓A/�C D; ent RCA ✓ Agreement Insura✓nce � Other -- Nay CC�� Department RCA Agreement Insurance, Other Risk Management Dept. Insura✓nee Received by Name - Company Name - Date GTO)IDwup/coverltr (Telephone: 714-536.5227 ) JLO-18-1999 11.06 CITY OF HUNTINGTON BEACH 714 374 1590 P.02 FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MINA CONSULTING TO PERFORM ANNEXATION STUDIES RELATED TO THE BOLSA CHICA This FIRST AMENDMENT is entered into as of this auIL11 day of .J Un C_ , 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", and MNA CONSULTING, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT entered into an agreement on January 4, 1999, entitled "Professional Services Contract Between the City of Huntington Beach and MNA Consulting to Perform Annexation Studies Related to the Bolsa Chica," which agreement shall hereinafter be referred to as the "AGREEMENT." CITY and CONSULTANT desire to amend the AGREEMENT to provide for CONSULTANT to continue its services under the AGREEMENT in matters related to the pre -annexation process for the Bolsa Chica. NOW THEREFORE, the AGREEMENT is hereby amended as follows: ADDITIONAL WORK CONSULTANT will continue to provide assistance to CITY in matters related to the pre -annexation process for the Bolsa Chica, including the following: preparation of reports; participation in strategy meetings with CITY staff and subcommittees; participation in pre -annexation agreement negotiations; attendance at City Council hearings; and advocacy between CITY, the County of Orange, the Local Agency Formation Commission ("LAFCO") and/or other participants. CONSULTANT will continue to be assisted by the Rosenow Spevacek Group ("RSG"), as subcontractor to CONSULTANT, in providing these services. 2. ADDITIONAL COMPENSATION CITY will, for services rendered, pay CONSULTANT on a time and materials basis at the following rates: Principal at $130 per how; Associate at $90 per hour; and Assistant at $65 per hour. CITY's total obligation under this Amendment, including expenses, shall not exceed thirty thousand dollars ($30,000). CONSULTANT will invoice CITY on a monthly basis. CONSULTANT will bill CITY for direct expenses at g'IjMV99agree/MNA-Ashen • JUN-1G-1999 11:07 CITY OF HUNTINGTON BEACH 714 374 1590 P.03 one hundred and ten percent (110%) times actual cost. Invoices are due and payable within thirty (30) days. 3. REAFFIRMATION OF TERMS AND C(}NDITIONS OF AGREEMENT Except as specifically modified herein, all other terns and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to the AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. MNA CONSULTING, a California corporation print name ITS: (circle one Secret Chief Financial OfficerlAsst. Secretary/Asst. Treasurer REVIEWED AND APPROVED: Ci dministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST• City Clerk 7 i Q 9 APPROVED AS TO FORM: � r City Attorney 1NITIA ED AND APPROVED: Planning ctor g;ljmV99agreelNNI A -Amen 2 TOTAL P.03 06/14/1999 16:49 6192399878 KNA CaISULT! ityf lm PAGE 03/04 q. . A-008f t ROCUCER R013ERT F. DRIVER CO., INC. 4ppeff yEj) 1820 5TH AVENUE 1-0 , L carerimmoo" 21 �A A ril CERTIFICATE IS ISSUE Is r .H T T, , LIP IFICA ONLY AND CONFERS ATE -ICATE HOLDER. THIS CEFMr E) D OR n POL�F ALTER THE COVERAGE All S BELOW. 0CMIll AFr-o8pjNr. COVERAGE SAN DIEGO, CA 92101 .2703 COMPANY TRAVELERS PROPERTY CASUALTY A McKinley Nielsen Associates COMPAffy FAIRMONT INSURANCE COMPANY B COMPANY DBA: MNA Consulting 427 C Sifeet, Suite 306 COMPANY San Diego, CA 92101 THIS 1$ TO CERTIFY THAT THE POLICIES OF INSURANCE! LISTED MOW HAVE PEEN ISSUPO TO THE INSURED NAMED ABOVE FOR THE POLICY PEAIOD INDtCAT90, NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PrIATAIN. THE IN$UR4A'U AFFORDED aY THE POLICIES DE$CA113E0 HEREIN IS SUBJECT TO ALL THE TgAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc Ill I TYPEOF11'NSURANCE POLICY NUMBER I POLICY SWCrIVIE DAT%;MM/bD/YY1 POLICY X71RATIO14. uAle il=mll IIJMRb A QvIl u4silary Ifi804a1RSe68 8ragrss Blv8r60 AGaag"TE s 2000006 -sewRAL PRODUCTS - CO.'.APIOP AGO 16 21300000 COMMJMCLAL(3ENEFEA6UA21lJTY MADE OCCUR _j CLAIMS MAD I PERSONAL & ADV im.-Y 1 1000000 EACH OCCURRENCE 1 4 1000000 OWNER'S & CONTRACTOR'S PROT FIRE l Any one fl.fal 1 1 50000 I MEO fXP (Any One ll [s 5000 AUTBAIDGLE UABLf?Y ANY AUTO ALL OWNED AUTO$ SCHIll AUTOS HIRE? AUTOS N014-OWNED AUTOS V) Jx L` FOR1411 • COMBINED Il UMIT' I BCOILYINJURY Iry pefsam) BODILY l Ift addond ,,,,mTY DAMAQI! GARA015 LIABILITY AUTO ONLY - EA ACCIDENT I I ANY AUTO 0711619 THAN AUTO ONLY: TIACP ACCIDENT 6 AGORMATZ 6 ERCM3 UABXM FAC04 OCCURRENCE A. AGGREGATE I UMBRELLA PORM OTHER THAN UMBRELLA FORM Ell woRKvm ugmPENANTION AND rmnoygRal WC$605935113 5/06199 1 ...... 0 x AMAYLI TN-„ V. EACH ACCiDemT 1 1000011130 EL DlBfASN - POLICY LIMIT t 1000000 THE PROPRIETORI INCL PARTNE"MECUTIVE OFFICERS AM: R EXCL EL C46ASE - EA EMPLOYEE 1 10000100 OTHER PUMPTION Or uVAS CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED 13UT EXCLUDIN13 ERRORS AND OMISSIONS COVERAGE, FORM CC32010ATTAC4ED. mggigl- C(TY OF HUNTINGTON BEACH SHOULD ANY OF YHR ABOVE VE30811193 POLICIES OU QAftC9LLFO BEFORE -1l EXPIRATION Ill THERIOP. THE ISOUING eCIPAPANY WILL )bqRR30= Ill ATTN: JAN RICHARDS 30 DAYS WMTTZN NOTICZ TO THE CM171FICATE Holl KAMM 76 TM LiFr. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 R"RENEWrATIVE NTAMMeg ;p . . .......... - "a' 06/14/1999 16:49 6192399878 0 MNiA CONSULTIMG PAGE 04/04 POLICY NUMBER: I-660-46IR9898 MNA CONSULTING CL 246 (11.-85) THIS MMoR9Md31;T CHANGES TEE POLICY. PLEASE READ IT CAREF'nLY. CG 20 10 1.1. 85 ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS. (FORM B) This endorseme'nE modifies insurance provided under the following: COMMERCIAL., GENERAL LIABILITY COVERAGE PART. 5 CH=U'LE Name of Person or organization; THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES JOS: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED (Section 11) 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. 3- 48 Copyright, Insurance services Office, inc., 1984 1. 2. 3. 4. S. 6. 7. CITY OF HLNTiNGTON BEACH APPLICATION FOR INSURANCE REQUME1 EMITS WAIVER OR MODIFICATION NarneMiJe/Depw.rn, ent of Requesting Sta.ffMenber � r Date of Request mvAbAq Name of Contractor,?i ermirtec MA L d Des~ription of k,ork to be performed n Length of Contract i of IW�Li%•er or Iviodification Rzquested: 1 (a) Limits: (b) Coverage 5 Reason for Request for Waiver or Reduction of Limits Cc, 40 A • _ _ . It A 8. IdertON, the risks to Lac City if this request for v.uVer or 1)epar6mentHcad Si cations gran 40 A¢c -tuQ aA o- (This section: to be corrplered by the RiskManager) Recornmen 'on: Approve Deny ' kb�nager's Sign"►geD e I I 1 (This section to be completed by ittsArrorne3) Rwommendation Approve Deny CiTy Attorney's Signatum-'Date Settle;neat Co:nmictee appra� his s :tot) re�;zire r wm as u�iter, if Senleeat Conirt mex zpprov is rr:;�:ired submi[ form to City Anorney's a to be placed on t:ie agenda. Recommendation: Approveko' Denv i City Council appr (isxese wired for this vi-2, er. If Cite Council approval is required, attach this form to RCA after eansiderati ementCommittee•. This insurance ua ver is is not on CityCouncil agenda:.' ! JI J imprn/rasa�,ton/nsreq►91t 1197 7 • • Attachment 2 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Approve Amendment to MNA Consulting Contract COUNCIL MEETING DATE: June 28, 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 Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the CitZ Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by CitZ Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report if a liceble Not Applicable Commission, Board or Committee Report If applicable) Attached Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION 'FOR MISSING; ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator initial City Clerk EXPLANATION = FOR RETURR OF ITEM ; RCA Author: �1 ,�/��/� PLC►-r�rn� �ir�bL Council/Agency Meeting Held: 9 1 (00,i0 D7rredlCantinued to: City Clerk's Signature Approved ❑Conditionally Approved Z) Denied Council Meeting Date: January 4, 1998 Department ID Number: CD98-58 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY, Planning Director SUBJECT: TRANSFER FUNDS FOR A CONTRACT WITH MNA CONSULTING FOR PREPARATION OF THE BOLSA CHICA ANNEXATION STUDY/l Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request to appropriate funds to MNA Consulting for a contract for additional work and preparation of the Bolsa Chica Annexation Study, which could not have been reasonably foreseen at the time of the initial proposal execution. Staff has worked with MNA Consulting in establishing an appropriate scope of work for preparation of the final draft of the Bolsa Chica Annexation Study and is submitting a contract reflecting the additional work and costs for Council approval. The contract is for additional services in an amount not to exceed $60,500. Funding Source: The salary savings in account AA-AD-173 of a recently vacated staff position will fund Consulting costs. Recommended Action: Motion to: 1. "Transfer funds from employee salary savings in the above account to AA-AD-102-309 for a contract with MNA Consulting." 2. "Approve the Contract with MNA Consulting for additional services relating to the completion of the Bolsa Chica Annexation Study for a total contract fee not to exceed the amount of $60,500 (ATTACHMENT NO. 1), and authorize the Mayor and City Clerk to execute same. 1 • REQUEST FOR ACTION MEETING DATE: January 4, 1998 Alto rnative_Action(s): DEPARTMENT ID NUMBER: CD98-58 The City Council may make the following alternative motion: "Deny the request for contract approval and direct staff accordingly." Analysis: McKinley Nielsen Associates (MNA Consulting) has worked with the City of Huntington Beach to provide assistance on the potential annexation of the Bolsa Chica. Project duties included the preparation of annexation scenarios which investigated probable fiscal impacts to the City. Services also included attendance at and participation for City Council Subcommittee Meetings on the Bolsa Chica and meeting with City and Local Agency Formation Commission (LAFCO) representatives. The contract was approved for an amount not to exceed_$19,900, including expenses. MNA Consulting has been requested by City Staff to complete an unanticipated level of analysis for the Bolsa Chica Annexation Study. MNA has prepared additional research and comprehensive analysis of the annexation study (which included the preparation of pros and cons of annexation). This was done in an effort to provide the Council with a more thorough and complete analysis of the costs and benefits of annexation of the Bolsa Chica. The analysis was deemed necessary by the Council Subcommittee and City Staff as a result of several Subcommittee meetings on the Bolsa Chica. A copy of the firm's proposed scope of work has been provided in Attachment No. 1. Payment of funds will be separated into two segments. The first half of the requested funds ($30,250) will be paid for services that relate to the completion of the Bolsa Chica Annexation Study. This would include providing assistance to City Staff to create pros and cons of annexation, providing advisement for LAFCO-related matters, and attending Subcommittee and City Council meetings that discuss the Bolsa Chica. MNA Consulting will also work with City Staff to prepare .written reports related to the annexation of the Bolsa Chica. In the event that Council directs Staff to pursue annexation of the Bolsa Chica into the City of Huntington Beach, the second segment ($30,250) will be paid to MNA Consulting for their services. This contract will allow for preparation of a pre -annexation agreement, LAFCO coordination, advisement relating to general plan amendment and pre -zone procedures, and advisement relating to tax transfer negotiations. MNA has prepared a detailed breakdown of the additional services and associated costs to address the pros and cons of annexation, attendance at required meetings, and overall project coordination that was not anticipated in the previous contract. CD98-58 -2- December 21, 1998 4:02 PM REQUEST FOR ACTION* MEETING DATE: January 4, 1998 DEPARTMENT ID NUMBER: CD98-58 MNA staff who are working with the City are knowledgeable in their respective fields and have extensive experience in annexation processes. The City has been pleased with the quality of their work, their responsiveness to the City's requests, and is satisfied that the proposed scope of work and associated fees is acceptable. Staff recommends that the City Council approve the proposed contract. Environmental Status: The selection of a consultant to prepare planning documents does not constitute a project under the provisions of the California Environmental Quality Act (CEQA) and therefore is not subject to CEQA. However, if the Council directs Staff to pursue annexation of the Bolsa Chica, the annexation process will be subject to CEQA and LAFCO review. Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and MNA Consulting to Perform Annexation Studies Related to the Bolsa Chica . 2. Letter from MNA Consultants dated ' October 8, 1998 regarding the proposed scope of work. RCA Author: wn CD98-58 -3- December 21, 1998 4:02 PM u u PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MNA CONSULTING TO PERFORM ANNEXATION STUDIES RELATED TO THE BOLSA CHICA Table of Contents 1 Work Statement 1 2 City Staff Assistance 2 3 Time of Performance . 2 4 Compensation . 2 5 Priorities 2 6 Extra Work 3 7 Method of Payment 3 8 Disposition of Plans, Estimates and Other Documents 4 9 Hold Harmless 5 10 Workers Compensation Insurance 5 11 General Liability Insurance 6 12 Professional Liability Insurance 6 13 Certificates of Insurance 7 14 Independent Contractor 7 15 Termination of Agreement 8 16 Assignment and Subcontracting 8 17 Copyrights/Patents 8 18 City Employees and Officials . 8 19 Notices 8 20 Immigration 9 21 Legal Services Subcontracting Prohibited 9 22 Attorney's Fees 9 23 Entirety 10 0 • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MNA CONSULTING TO PERFORM ANNEXATION STUDIES RELATED TO THE BOLSA CHICA THIS AGREEMENT, made and entered into this 7" day of -r 19,717 J Gt rly , +99 3 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", and MNA CONSULTING, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for assistance in investigating the pros and cons of the Bolsa Chica annexation in the City of Huntington Beach, completion of the Bolsa Chica annexation studies, and, if Council directs, assist City staff with the annexation process; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal dated October 8, 1998 (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." 4-98Agree:MNA-1201 RLS 98-709 • CONSULTANT hereby designates Laurie McKinley 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. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of Agreement and all tasks specified in Exhibit "A" shall be completed no later than one (1) year from the date of this Agreement. These times may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis, a fee notRto exceed Sixty thousand Five Hundred Dollars ($60,500.00). 5. PRIORITIES In the event there are any conflicts or inconsistency between this Agreement, the CITY's RFP, or the CONSULTANT's proposal, the following order of precedence shall govern: 1) Agreement, 2) the CONSULTANT's proposal, and 3) the CITY's RFP. 2 4-98Agree: M\A-1201 RLS 98-709 6. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 7 METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion oftasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 3 4-98Agree:MNA-1201 R!S 98-709 0 completed. 5) For all payments include an estimate of the percentage of work Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to the 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. 8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT 4 4-98Agree:MNA-1201 RLS 98-709 • completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including reimbursement of attorneys' costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's performance of its services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 10. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONSULTANT acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONSULTANT shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 4-98Agrce:MNA-1201 R1..S 98-709 0 CONSULTANT shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. 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 PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 12. PROFESSIONAL LIABILITY INSURANCE The requirement for Professional Liability Insurance was waived by the Settlement Committee on December 18, 1998. 6 4-98Agree:MNA-1201 R[S 98-709 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall -maintain the foregoing insurance -coverages in.force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by CONSULTANT under the Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT 7 4-98AgreeMNA-1201 RLS 98-709 • and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 15. TERMNATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike mariner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 16. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 17. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 18. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 19. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in 8 4-98Agree:M A-1201 RLS 98-709 Section 1 hereinabove) or to CITY's Director of Planning as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONSULTANT: Howard Zelefsky Laurie McKinley Planning Director Chairman of the Board City of Huntington Beach MNA Consulting 2000 Main Street 427 C Street, Suite 308 Huntington Beach, CA 92648 San Diego, CA 92101 Phone: (714) 536-5271 (619)239-9877 20. 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 United States Code regarding employment verification. 21. 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. 22. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 9 4-98Agree:MNA-1201 RL5 98-709 0 • C 23. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT kf &k 1'7 1.t f Vre- Se1-t om-. CITY OF HUNTINGTON BEACH, A MNA CONSULTING, a J municipal corporation of the State of California corporation pnnt namQ_ ITS: (circle ogre Secretii�yl�hief Financial Officer/Asst. Secretary = 'I reasurer REVIEWED AND APPROVED: City Administra r Califor, a Mayor ATTEST: _ City Clerk APPROVED AS /T/IO FORM: City Attorney C'r' INITIATED AND APPROVED: PJlAng Director 11 4-98Agree:M NA-1201 RLS 98-709 MNA CONSULTING PAGE 02 12/11/1998 09:38 6192399878 May 28, 1998 ROBERT F. DRIVER CO., INC. McKinley Nielsen Associates Attn: Cyndi 427 C Street, Suite 308 San Diego, CA .92101 RE: Policy #I660-461R9898-TIL-98 • COMPLETE INSIIRANCEY90ND SERVICE • Dear Cyndi: Enclosed is the renewal of your Businessowners Package policy, issued through the Travelers Insurance Company for the period of June 9, 1998 to June 9, 1999., The premium. this year is $842.00, and you will:. receive an invoice directly from the company for this.,amount. The follcr;ling .is a "brief summary .of coverages.:.. -:However'; i`it:. is _impor'= tant for you to review your actual policy for.a':comp ete:understanding: of the'.coverages ;provided, . including terms,' condiitions'' 11'mitatioris definitions .and exclusione Location: 427 C Street, Suite 308,' San Diego', CA 92101 '' (An endorsement has been requested from the'' company to correct your address, and this will follow upon receipt.) Propei#y: $26, 000 Limit on Business Personal 'Property,`:' Subject to $250 Deductible Liability: $2, 000, 000 General Aggregate Limit $2,000,006 Products/Completed Operations Aggregate' $1,000,000 Personal & Advertising Injury Limit $1,000,000 Each Occurrence Limit $ 50,000 Fire Damage Limit (any one Fire) $ 5,000 Medical Payments Limit (per Person) Inland Marine: $25, 000 Limit on Computer Hardware $ 5,000 Limit on Computer- Software $ 5,000 Limit on Extra Expense Subject to $250,Deductible HOME OFFICE 1620 FIFTH Av£NU£. SAN D1ECO. CALfORNIA 92101.2797 • (619) 238.1828 • LC£NS£ NO. 0084379 12/11/1998 09:38 6192399679 MNA CONSULTING PAGE 03 12/11/1998 09:38 6192399878 MINA CONSULTING -!AGE 04 DATE (MMMUMV A C bf LUR Df. C ER TIE V 01! �, 3 x 'PRODUCER 619-238.1928 THIS CERTIFICATE IS ISSUW AS R 10 ROBERT F. DRIVER CO.. INC ONLY AND CONFERS Mal 113 E RTMIFICTATIG I HOLDER. THIN MEND, END OR te�, MEN W 1620 STH AVENUE ALTER TNI! COVERAGE PLIN D E PC " 71�� !D .1 E3 BELOW. '4'p' �i U660-16 SAN DIEGO, CA 92101 2703 COMPANIES AFFORDING COVERAGE COMPANY TRAVELERS INSURANCE COMPANY 7-0 A COMPANY McKinley Nielson Associates a TICI INSURANCE COMPANY 427 C Street, Sufte 308 COMPANY San Diego, CA 92101 C COMPANY - 190y"We o0 114D—M 4 A- . THIS IS To CERTIFY THAT THE POLICIES OF INSURANCE LLSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD FNOICATEO, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CQNOfT(ON OF ANY CONTRACT' OR OTHER DOCUMENT WITH RESPECT TO WIqfCH Tows 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. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. CO I A r1fN 00 IAIAUftJjC1 . Pauev Numou PWCT EPPECTWN DATE IMMIDOMI POLICY EXPMA730M DATE IMUMOrrYl � LIMITSLT1 A OMMAL L"UTT 1660487 R9B99 8I09r98 6109/99 GENERAL AOaREOAT;m 1 2000000 PRODUCTS - COMPIOP A04 0 01 COMMFMJ% IAL 011YORAL LI&AIUTV CLAIMS MADE f T OC PERSONAL: AOV INJURY OACH OCCURRENCE f 100apgo OWNER'S & CONTRACTOR'S PROT MAE DAMAGE fAny en. flea6 so a MED dXp 'Any - 0-4 6 Soo AYTDMp1ILE LIABILITY COMBINED SINGLE UVIT 9 ANY AUTO BODILY INJURY ALL OWNED AUTOS SCMWULtO AUTOS (Pot Dersom BODILY I"jwI%Y • PQAtO AUTOS "ON-OwIm AUTOS; (Pw swasno PROPERTY DAMAGE a A1', _j vhjj AD j OAILfIG1 AUTO ONLV - 2A ACCIDENT I ANY AUTO TT A T-mmQR-" OTHER THAN AUTO ONLY: EACH ACCIDENT I AGGREGATE I *XCUS�= EACH OCCURRENCE I AGGREGATE MIFORM OTHIII THAN UMBRELLA FORM WORKfft COMPINgATM AND WCS806B3421 6106198 5/0019.9 W X I 'MM I FR IMPLDVQRS, UABU" EL FACM ACCIDENT I 1000000 THE PAATN1ItZjKXjCUTI%fE INCL rL 0431AS1 - POLICY LIMIT 1 1000000 IL DiSCAIIII - 14 1MIM OYN 1 1000000 OFFICERS ARE: EXCL OTHER 015 AirnON QP OPM710 ATIQN8#V&31!4IC C L"SpaCIAL frSMS CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED BUT EXCLUDINO ERRORS AND OMISSIONS COVERAGE, FORMCO2010 ATTACHED. 0".14 A hiMi".2i, OF HUNTINGTON BEACH &MOULD ANY Of T"I ABOVE DESCRIBED POVGIU BECJkMCCLLn [FORE THECITY IXP"TION DATE THEREOF, THE Ij4UiM4 COMPANY WML3�Mm MAIL ATTN: JAN RICHARDS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO I%11 Uff. 2000 MAIN STREET XXrA71459I X*4MtRWM "W HUNTINGTON BEACH, CA 92648 MMME - I- p-- RVIL AT ruaii Owym 12/11/1998 99:38 619239987E • MNA CONSULTING 0 PAGE 95 POLICY NUMBER: I66046IR9898 McKINLEY NIELSEN ASSOCIATES CL 246 (11-85) : THIS ENDORSEMENT CRANOES THE POLICY. PLEASE RFCAD IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of person or Organization: THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS 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. Copyright, Insurance Services Office. Inc., 1984 EXHIBIT A 0 CITY OF HUNTINGTON BEACH BOLSA CHICA ANNEXATION Consultant Proposal SCOPE OF SERVICES Task Description : Estimated Consultant Hours 1. Annexation Strategies : 140 hours This task involves providing continued assistance to the City as the Council investigates the pros and cons of annexation. MNA will serve as part of the Bolsa Chica staff team, as an advisor on all LAFCO related matters. In this role, Ms. McKinley and Mr. Miller will participate in in-house strategy meetings and attend all Bolsa Chica Subcommittee meetings, as well as Council meetings, where annexation of Bolsa Chica is expected to be discussed. II. Preparation of Written Reports: 80 hours MNA Consulting will manage the preparation of all written reports to the City Administrator, Bolsa Chica Subcommittee and Council related to annexation of Bolsa Chica. This will include responding to all information requests related to the annexation process, including reorganization options and potential fiscal or other impacts. III. Pre Annexation Agreement: 60 hours If Council directs staff to enter into negotiations with Hearthside Homes for a pre - annexation agreement, MNA Consulting will participate as an advisor on the negotiating team as directed by the City Administrator. This may include participation in in-house strategy meetings, participation in negotiation sessions with the developer and/or research related to particular issues related to ongoing negotiations. IV. LAFCO Coordination: 60 hours MNA will serve as the City's representative with the Local Agency Formation Commission, and in particular, LAFCO staff. If annexation (or reorganization) is pursued by the City, MNA Consulting will oversee preparation of the LAFCO application and will coordinate, on behalf of the City, the LAFCO process. 427 C Street . Suite 3o8 . San Diego, California 921oi Tel. 619.234.9877 . Fax: 619.239.9878 r] Huntington Beach Scope of Services Page two V. General Plan Amendment/Prezone : 50 hours MNA will work as an advisor to the City staff if the Council determines to undertake a General Plan amendment and personae of Bolsa Chica for the potential. use in annexation proceedings. Laurie McKinley will coordinate with City staff to insure documentation developed and adopted during this process is consistent with the requirements of LAFCO, and will participate in team meetings as requested by the City Administrator. VI. Tax Transfer Negotiation : 50 hours If the City Council determines to pursue annexation of Bolsa Chica, MNA will work with City staff as an advisor on negotiations with the County to develop and implement resolutions for a City/County tax -split agreement. October 8, 1988 Ms. Melanie Fallon Assistant City Administrator Office of Administration City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Dear Melanie: Enclosed for your review is a proposed Scope of Services for the Bolsa Chica Annexation project. The proposal is based on a twelve-month timeframe, and includes processing of an annexation through LAFCO. I used two methods to estimate the hours for this proposed contract..I first prepared the Scope of Servicesthat is enclosed, and made an "experienced based" judgement for hours necessary by task. The total consultant hours resulting from this evaluation is 440. This includes both my time and that of Dan Miller as a subcontractor. At our current billing rate of $120/hour, the total contract (less direct expenses) would be $52,800. I then reviewed actual hours invoiced to your City during the course of this year. Our hours invoiced have averaged approximately 20 per month for me and 13 per month for Dan. RSG and MNA have also invoiced approximately 5 hours monthly (each firm) for Assistants. Projecting the same average over the next twelve months at our current rates the total contract would be $56,520. / The attached proposal recommends a contract amount of $55,000, plus usual and reasonable expenses billed at 110% and not to exceed 10% of the base contract am t total contract of $60,500. You ma wish to se nts (Lg_,;S O r six months to et mt of a Council decision on annexatio a second contract for the remaining amount to go through the process 1 the Council so - authorizes). OCT js 1998 427 C Street . Suite 308 . San Diego, California 92101 1 Tel: 619.239.9877 • Fax: 619.239.9878 • Ms. Melanie Fallon October 8, 1998 Page two Wendy has e-mailed that you have been successful in moving the next Subcommittee meeting to sometime in November. I leave this in your good hands whilst I trek through France and Italy, but I promise to return (I'll be back in my office November 2). If you need anything before I leave this Wednesday, please call. Yours, Laurie J. McKinley cc: Dan Miller 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING DEPARTMENT SUBJECT: Contract with MNA Consulting for Preparation of the Bolsa Chica Annexation Stud COUNCIL MEETING DATE: January 4, 1998 RCA:ATTACHMENTS ... STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Si ned in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attom2yj ' Not Applicable Certificates of Insurance (Approved by the City Attome Attached Financial Impact Statement (Unbudget, 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 Findings/Conditions for Approval and/or Denial Not Applicable 'EXPLANA--TION FOR.'MISSING.ATTACHMENTS'. :REVIEWED RETURNED!'_: FOR ED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF 17EM: RCA Author: HZ:wn:kl •. • . m& J. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY_COU_rCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HtiNTINGTON BEACH TO: rT/I e 11 +feat j v"W Cite, State, Zip See Attached Action Agenda Item ATTENTION: DEPARTN1ENT6'?/'j'-Ma YG REGARDING: &a la d Date of Approval / Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds RCA Deed CC: Ze X Name De ment RCA Agree7 Name Department RCA Agreemenr Name Department RCA Name Department / Risk Management Dept. RCA Insurance Other lnsurancei Other / Insurance Outer Agreement Insurance Other Agrecmcn; Insurance Other Insurance Received by Name - Company Name - Date G: ol!ossuplcoverltr (Telephone: 714.5 36.5227 )