HomeMy WebLinkAboutMNA CONSULTING - 2000-05-15 qTY OF HUNTINGTON BE 501,rej ) 1H1�
MEETING DATE: May 15, 2000 DEPARTMENT ID NUMBER: PL00-16
Council/Agency Meeting Held: Orj_ �"' 00
Deferred/Continued to:
pprov ❑ Conditionally pproved ❑ Denied K?- y r s Signature
Council eeting Date: May 15, 2000 Department ID Number: PL00-16
CITY OF HUNTINGTON BEACHCZ
REQUEST FOR COUNCIL ACTION -
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ca
SUBMITTED BY: RAY SILVER, City Administrators
PREPARED BY: HOWARD ZELEFSKY, Planning Director >
SUBJECT: APPROVE THE PROFESSIONAL SERVICES CONTRACT WITH
MNA CONSULTING'FOR PROFESSIONAL PLANNING SERVICES
IN CONNECTION-WITH THE ANNEXATION OF SHEA PROPERTY
TO THE CITY OF HUNTINGTON BEACH
Statement of Issue,Funding Source,Recommended%Aetion,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for City Council's consideration.-is a request to enter into a Professional Planning
Services Contract with MNA Consulting to prepare and analyze documentation to ensure Shea
Homes' annexation fiscal study is consistent in'its assumptions with the City's Bolsa Chica Annexation
Study prior to submitting an application to LAFCO for the annexation of Shea property to the City of
Huntington Beach.
Funding Source: r
The City will enter into a Reimbursement Agreement with Shea Homes to help defray the cost of
professional planning services associated with the annexation of Shea Property to the City of
Huntington Beach. Developer will deposit--.funds,-of Twenty-two Thousand Three Hundred Seventy-five
and 001100 Dollars ($22,375.00) witli"the City within ten (10) days following adoption of this
Agreement by the City Council. Thus, there will_be no fiscal impact.
PL00-16 _ -2- 5/1100 11:16 AM
REQUEST FOR COUNCIL ACTIN
MEETING DATE: May 15, 2000 DEPARTMENT ID NUMBER: PL00-16
Recommended Action:
Motion to:
1. "Approve the Contract between the City and MNA Consulting for Professional Planning
Services, as prepared by the City Attorney's Office, and authorize the Mayor and City Clerk to
sign."
2. "Authorize expenditures in the amount of Twenty-two Thousand Three Hundred Seventy-five
and 001100 Dollars ($22,375.00)."
Alternative Action(s):
The City Council may make the following alternative motions:
1. "Deny the Contract between the City and MNA Consulting for professional planning services in
connection with the annexation of Shea property to the City of Huntington Beach.
2. "Deny expenditures in the amount of Twenty-two Thousand Three Hundred Seventy-five and
00/100 Dollars ($22,375.00) for Professional Planning Services in connection with the
annexation of Shea property to the City of Huntington Beach."
3. Continue the item and direct staff accordingly."
Analysis:
A. BACKGROUND:
A five-acre parcel, owned by Shea Homes Limited Partnership and located within the unincorporated
portion of Bolsa Chica, is being proposed to be annexed to the City of Huntington Beach. In order to
complete an annexation application, the City and County must reach an agreement for the exchange
of property tax revenues resulting from the proposed annexation, and each entity must submit to
LAFCO a resolution of agreement. Shea Homes has retained the services of a consultant to prepare
an analysis of the fiscal impacts of the proposed annexation. The City has completed the Bolsa
Chica Annexation Study which emphasizes a Review of Options and LAFCO Fiscal and Technical
Review Procedures. The City desires that these two studies maintain consistency in their
assumptions and is seeking a consultant to ensure that the fiscal study for Shea's project is
consistent with the City's study for the annexation of the Bolsa Chica.
B. STAFF ANALYSIS AND RECOMMENDATION:
The key objective in performing an analysis of Shea Homes' fiscal study and the City's Bolsa Chica
Annexation Study is to determine the compatibility of the two documents prior to their inclusion in the
annexation application being submitted to LAFCO. MNA Consulting has the expertise and personnel
to meet the City's requirement to prepare a fiscal study analyzing the proposed development plan
alternatives for the annexation area, and an analysis to ensure this study is consistent with the City's
PL00-16 -3- 05/08/00 11:16 AM
REQUEST FOR COUNCIL ACT&
MEETING DATE: May 15, 2000 DEPARTMENT ID NUMBER: PL00-16
Bolsa Chica Annexation Study; thereby assuring the study is appropriate for inclusion in the
annexation proposal. Staff recommends the City Council approve the contract.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this fiscal study of the
proposed development plan alternatives for the annexation area are categorically exempt from the
California Environmental Quality Act pursuant to Section 15300.1.
Attachment(s):
City Clerk's
Page Number
1. Professional Services Contract between the City of Huntington Beach
and MNA Consulting.
2. Insurance Certificates.
3. Waiver from the City's zero Professional Liability Insurance deductible
amount as recommended by the Settlement Committee.
RCA Author: Duane Bankey/Scott Hess
PL00-16 -4- 05/00/00 11:16 AM
• CITY OF HUNTINGTON BEACH
JJ INTER-DEPARTMENT COMMUNICATION
HUNTINCTON BEACH
TO: Connie Brockway, City Clerk
FROM: Duane Bankey, Planning Senior Department Analyst
SUBJECT: Documentation regarding RFP's for the contract between the City and
MNA Consulting for Professional Planning Services related to the
Annexation of Shea Property to the City of Huntington Beach
DATE: May 15, 2000
Pursuant to Huntington Beach Municipal Cade 3.03.060(b), the Director or his designee shall
request informal written proposals from not less than three available Consultants prior to the City
making a selection for a Consultant fora particular project.
The Consultant selected to provide professional planning services in connection with the
annexation of Shea property to the City of Huntington Beach is MNA Consulting. This selection
was based on the criteria contained in the Request for Proposal.
The City requested MNA Consulting, as a single source, to prepare a proposal for planning
services related to the annexation of Shea'property to the City of Huntington Beach. MNA
Consulting was the consultant selected by the City to prepare the Annexation Study for the
adjacent Bolsa Chica project. Since the two projects entail comparable analysis utilizing the
same information, staff reasoned that MNA Consulting would be the consultant best suited to
complete the annexation study. Selecting MNA Consulting would allow the City to avoid the
significant costs of having another consultant starting from ground zero.
For the reasons stated above, MNA Consulting was the only consultant requested to present a
Request for Proposal.
The duration of this agreement is thirty-six±(36) months from approval of the contract by the City
Council.
cc: Scott Hess
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[ , CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCILI
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: /
TO: MAhV ATTENTION: 05,
Name
-All 7 'I v �S�i'e t ►S OS DEPARTMENT:
Street
REGARDING:
City,state,zip
See Attached Action Agenda Item j!E-,JV Date of Approval 5 p p
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 Insurance ✓
RCA Deed Other
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Name Department RCA Agreement Insurance other
Name Department �J RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept Insurance
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MNA CONSULTING FOR
PROFESSIONAL PLANNING SERVICES
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..............................................................................7
13 Certificates of Insurance ..........................................................................................7
14 Independent Contractor............................................................................................8
15 Termination of Agreement...................................... .................................8
16 Assignment and Subcontracting...............................................................................9
17 Copyrights/Patents...................................................................................................9
18 City Employees and Officials ..................................................................................9
19 Notices ............................................................. .9
.......................................................
20 Immigration..............................................................................................................10
21 Legal Services Subcontracting Prohibited...............................................................10
22 Attorney's Fees.........................................................................................................10
23 Entirety.....................................................................................................................II
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MNA CONSULTING FOR
PROFESSIONAL PLANNING SERVICES
THIS AGREEMENT is made and entered into this 15th day of May
2000, 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 to provide professional
planning services related to the Shea Homes, LP, property annexation; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal ("RFP"), and CONSULTANT's Proposal dated May 25, 1999 (hereinafter referred to as
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 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.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this AGREEMENT.
3. TIME OF PERFORMANCE
Time is of the essence of this AGREEMENT. The services of CONSULTANT
are to commence as soon as practicable after the execution of this AGREEMENT and all tasks
specified in Exhibit "A" shall be completed no later than thirty-six (36) months from the date of
this AGREEMENT. These times may be extended with the written permission of CITY. The
time for performance of the tasks identified in Exhibit "A" are generally to be shown in the
Scope of Services on the Work Program/Project Schedule. This schedule may be amended to
benefit the PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis a fee not to exceed Seventeen Thousand
Nine Hundred Dollars ($17,900.00). CONSULTANT shall be entitled to be reimbursed its usual
and reasonable expenses, upon approval of the Director of Planning, in an amount not to exceed
Four Thousand Four Hundred Seventy-five Dollars ($4,475.00).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this AGREEMENT
and the CONSULTANT's Proposal, the following order of precedence shall govern: 1)
AGREEMENT, 2) the CONSULTANT's Proposal.
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3-15.100
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 only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on
any such product, CITY shall identify specific requirements for satisfactory completion. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
1) Reference this AGREEMENT;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this AGREEMENT; and
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5) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this AGREEMENT,
CITY shall promptly approve the invoice, in which event payment shall be made within thirty
(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld.
If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the
reasons for non-approval within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past perfornance by CONSULTANT is in, or has been brought into compliance,.or until this
AGREEMENT is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY
shall be invoiced separately to CITY. Such invoice shall contain all of the information required
above, and in addition shall list the hours expended and hourly rate charged for such time. Such
invoices shall be approved by CITY if the work performed is in accordance with the extra work
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 held and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this
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RIS 00-230
315'00
AGREEMENT or upon PROJECT completion, whichever shall occur first. In the event this
AGREEMENT is terminated, said materials may be used by CITY in the completion of the
PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of
fees determined to be earned by CONSULTANT to the point of termination or completion of the
PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data
prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and save and held harmless
CITY, its officers, officials, and employees, and agents from and against any and all liability, loss,
damage, expenses, costs (including without.limitation, costs and fees of litigation of every nature)
arising out of or in connection with CONSULTANT's performance of this AGREEMENT or its
failure to comply with any of its obligations contained in this AGREEMENT by CONSULTANT,
its officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of CITY.
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 (S100,000) bodily injury by accident, each
occurrence, Orie Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit.
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CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of vvaiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY TNSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnifv CITY, CONSLLTANT 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 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 S1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above-mentioned insurance contain a self-
insured retention, or a"deductible" or any other similar form of limitation on the required
coverage.
6
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RLS 00-230
If 15,00
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's
professional liability in an amount not less than S1,000,000 per occurrence and in the aggregate.
Under no circumstances shall said policy contain a self insured retention, or a "deductible" or
any other similar form of limitation on the required coverage in excess of Five Hundred Dollars
(S500.00). A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, CONSULTANT agrees to
purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this
AGREEMENT.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this AGREEMENT; said certificates shall:
7
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3115.00
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty(30)
days prior written notice; however, ten (10) days prior written notice in the
event of cancellation for nonpayment of premium.
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
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
8
4 s:4-2000 AgrecAlNA-619
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3115M
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 CONSliLTANT's agent (as
designated in 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:
9
a s:a-z000 Agree:,MNA-819
RLS 00-?30
3115100
TO CITY: TO CONSULTANT:
Director of Planning NINA Consulting
City of Huntington Beach Attn: Ms. Laurie McKinley
2000 Main Street 427 "C" Street, Suite 708
Huntington Beach, CA 92648 San Diego, CA 92101
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 the 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.
SIG1VATURES ON NEXT PAGE
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3115M
23. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire
AGREEME\T between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by and through their authorized offices the day, month and year first above written.
CONSULTANT CITY OF HUNTINGTON BEACH, a
MNA CONSULTING, a municipal corporation of the State of
California corporation California
4au CT Gk,r7 67 Mayor
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REVIEWED AND APPROVED: INITIAT D AND APPROVED:
C Administrator Director of Planning
11
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Description of Attached Document
Title or Type of Document:
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C'997 National Noary Aasoc.atior.•9350 De Sotc Ave--P.O-Box 2402•Cgatsworth,CA 9131.3-2402 ?-od.No.5907 Reorce-.Call Toll-Free 1-800-876-6827
1
May 25, 1999
Mr. Scott Hess
Principal Planner
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 9264$
LETTER OF AGREEMENT
Annexation of Shea Property to City of Huntington Beach
This letter will serve as an agreement between the City of Huntington Beach (Client) and
MNA Consulting (Consultant) for the provision of consulting services related to the
annexation of a 5-acre parcel owned by Shea Homes within the Bolsa Chica island to the
City of Huntington Beach.
Consultant will assist Client in preparing a fiscal study that analyzes the proposed
development plan alternatives for the annexation area. Consultant will ensure that the fiscal
analysis is consistent with the City's Bolsa Chica study and appropriate for inclusion in the
annexation proposal. Consultant will provide continued advocacy services working closely
with Client, the property owner and LAFCO to ensure timely completion of the proposed
annexation. Consultant's Scope of Work is outlined in the attached proposal and
incorporated by reference hereto.
Client will, for services rendered, pay Consultant on a time and materials basis at the
following rates: Senior Partner, $145 per hour; Associate, $90 per hour and Research'
Assistant, $80 per hour; not to exceed the contract amount of$17,900, plus usual and
reasonable expenses, without the express written approval of Client.
Consultant will invoice Client on a monthly basis. Direct expenses will be billed at 1.15
times actual cost. Invoices are due and payable within thirty days.
This Letter of Agreement shall be interpreted, construed, and governed by, and in
accordance with the laws of the State of California. 'This Letter of Agreement may be
terminated by either party at any time or extended by agreement of both parties.
CITY T TO E
-9
MNA CONSU UING V Date
427 C Street Suite 308 San Diego,Callfomia poi Tel: 61g.239.9877 Fax: 619.239.9871
City of Huntington Beach
Page 2
Estimated Hours
Task B: Estimated Total Cost=$4,300 Sr. Partner Research Asst
+ Coordinate with Client and County to complete and 15 0
process resolutions of agreement on property, Orange
County Fire Authority and library tax revenue splits.
This includes oversight of the process and attending
hearings of adoption.on final resolutions.
• Coordinate with Client, property owner and LAFCO 10 8
to assist in providing and clarifying information and
documentation required by LAFCO. Monitor and
coordinate the LAFCO process, including advocacy with.
LAFCO staff, providing input to and review of LAFCO
Staff report and participation in LAFCO hearings.
,
Proposed Budget
MNA will invoice Client at the following rates:
Senior Partner $145/hour
Senior Associate $120/hour
Associate $90/hour
Research Assistant $80/hour
Administrative Assistant $55/hour
MNA proposes to enter into a time-and-materials contract, not-to-exceed $17,900 plus
usual and reasonable expenses. MNA will bill Client on a monthly basis. Direct expenses
will be billed at 1.15 times actual cost. Invoices are due and payable within thirty days.
PROPOSAL TO THE CITY OF HUNTINGTON BEACH
ANNEXATION OF SHEA HOMES PROPERTY
Background
A 5-acre parcel owned by Shea Homes and located within the Bolsa Chica island is being
proposed to be annexed to the City of Huntington Beach. MINA Consulting is proposing to
assist the City in completing the proposed annexation.
In order to complete an annexation application, the City and County must reach an
agreement for the exchange of property tax revenues resulting from the proposed
annexation and each must submit to LAFCO a resolution of agreement. As part of a
LAFCO application, a consultant was hired by Shea Homes who had prepared a study that
analyzes the fiscal impacts of the proposed annexation. Concurrently, the City is
conducting its own study of a potential annexation of the Bolsa Chica island. The City is
concerned that the two studies maintain consistency in their assumptions and have asked
MNA to work with the City and Shea to ensure that the fiscal study for Shea's project is
consistent with the City's study for Balsa Chica. As Shea processes entitlements through
the City of Huntington Beach, MNA will work with the City-to coordinate.the activities
noted above and to oversee the annexation process.
Scope of Work
MNA Consulting (Consultant) proposes to do the following tasks to assist the City (Client)
in completing the proposed annexation of Shea's property.
Estimated Hours
Task A: Estimated Total Cost S13 b00 Sr. Partner Research Asst.
• Review and analyze the fiscal study prepared 35 10
by David Taussig for consistency with the City's
fiscal analysis. Provide comments.and work with
Client, Shea and its fiscal consultant to
reformat/rewrite Shea's fiscal study providing an
analysis for its development plan alternatives
and ensure it is acceptable to Client and Shea.
• Monitor Shea's entitlement process to ensure 30 5
that documentation which will be required by LAFCO
is incorporated into the project EIR.
• Prepare an annexation feasibility study in 15 10
accordance with the City's General Plan requirement.
Assist City staff in preparation of staff reports regarding
annexation for presentation to the City Council and
participate in Council hearings related to the annexation.
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.;.F...1CXM` F.. !. .
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..
...............
DATE IMMIDDN YI
. ...... ... 6103/99
PRODUCER 619-238-1828 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ROBERT F. DRIVER CO., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1620 5TH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SAN DIEGO, CA 92101-2703 COMPANIES AFFORDING COVERAGE
j COMPANY
A TRAVELERS PROPERTY CASUALTY
INSURED COMPANY
McKinley Nielsen Associates B FAIRMONT INSURANCE COMPANY
DBA: MNA Consulting COMPANY
427 C Street, Suite 308 C
San Diego, CA 92101 COMPANY
D
...................... ..........
.......... ..........
...................
X:
.................................. ........ ..
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDONY) DATE IMMMDNY)
A GENERAL LIABILITY 1660461R9898 6/09/99 6/09/00 GENERAL AGGREGATE 0 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO 4 2000000
-1 CLAIMS MADE F_x1OCCUR PERSONAL&ADV INJURY 0 1000000
OWNER'S&CONTRACTOR'S PROT I EACH OCCURRENCE 4 1000000
FIRE DAMAGE(Any one fire) 4 50000
MED EXP(Any one person) 0 5000
AUTOMOBILE LIABILITY
ANY AUTO iCOMBINED SINGLE LIMIT 0
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Pef peraon]
HIRED AUTOS
BODILY INJURY
NON-OWNED AUTOS Iper accidentl
G
PROPERTY DAMAGE i a
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 0
ANY AUTO OTHER THAN AUTO ONLY: .. .. . . .. . . .
EACH ACCIDENT 6
AGGREGATE 8
EXCESS LIABILITY EACH OCCURRENCE 4
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM 1 0
B WORKERS COMFENSATION AND WCS80593513 5106199 5/06/00 x I WC STATU. I OTH-I ..........
TORY LIMITS sn .....................
EMPLOYERS'LIABILITY
EL EACH ACCIDENT 1000000
THE PROPRIETOR/
INCL EL DISEASE-POLICY LIMIT 4 1000000
PARTNERSXXECUTIVE
OFFICERS ARE: EXCL I EL DISEASE-EA EMPLOYEE 4 1000000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVENICLESISPECIAL ITEMS
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES ARE
NAMED AS ADDITIONAL INSURED BUT EXCLUDING ERRORS AND OMISSIONS
COVERAGE, FORM CG201 0 ATTACHED.
n. ..... .....
.... .. ............
... . .. ....
. . ...........................
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL )60qHg@= MAIL
ATTN: JAN RICHARDS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO.THE LEFT,
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
AUT AD REPRESENTATIVE
...................
.................
No,
48
CL 246
(11-85)
POLICY NUMBER: 1-660-461R9898
MNA CONSULTING
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 11 85
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GZNERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
THE CITY OF HUNTINGTON BEACH, ITS
AGENTS, OFFICERS AND EMPLOYEES
JOB:
(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.
3- 48
Copyright, Insurance Services Office, Inc., 1984
W14B/2090 11:07 61923913878 MNA CONSULTING PAGE 04/04
w I 00593513
ORKERS' COMPENSATION AND EMP RS' LIABILITY INSURANCE POLICY
"WHENEWAL CERTIFICATE
INSURANCE. FAIRMONT INSURAppNCCEIIcoMPAINRVY 419518
! �hoANIk f.",9 ),61�5006", TX 75039
IN CONSIDERATION of the payment of Ice Location Policy SVmbol
premium, it is agreed that the expiring
policy is renewed for the period Policy Number 80593513
stated below. THIS RENEWAL is
subject to all the terms of the Previous PoNcy: 80593513
expiring po icy as of its date of RENEWAL AGREEMENT: RA1
expiration, except as otherwise
specifiea he ein_
1. Insured's Na a and Address
MCKINLEY NIEL�EN ASSOCIATES Producer Code 843999
1A CORPORATIO1) Producer ROBERT F. DRIVER COMPANY
DBA� MNA CONSULTING
27 STREET, .SUITE 308
SAN D:EGO, CA EIN:92101 IIN:
The Insured is CORPORATION
Omer work;laces not shown above: SEE SCHEDULE W40353
2. The policy period is from 05-06-2000 to 05-06-2001 12:01a.m_ Standard Time at the
Insured's ma ling address.
3. A. Workers' Compensation Insurance. Part One of the policy applies to the Workers'
Compensation Law of the states listed below.
SEE SCHEDULE W40445
B. Employers' Liability Insurance: Part Two of the policy applies to work in
each state listed in 3.A. above. The limits of our liability under Part Two are:
Bodily Injury! by Accident $100,000.00 each accident
Bodily Injury by Disease $500,000.00 policy limit, $100,000.00 each employee
C. Other State Insurance' Part Three of the policy applies to the states, if
any, listed blow:
ALL STATES EkCEPT NORTH DAKOTA, OHIO, WASHINGTON, WEST VIRGINIA, WYOMING,
MAINE, AND STATE DESIGNATED IN ITEM 3A OF THE DECLARATIONS.
D. This policy 1 cludes these endorsements and schedules:
SEE SCHEDU E W40179
4. CLASSIFICq ION OF OPERATION PREMIUM BASIS RATE
SEE EXTENSION OF INFORMATION PAGE
TOTAL SURTAX AN)/OR SURCHARGES $5.78
Minimum Deposit Total Estimated
Premium $ 50.00 Premium $2,195.00 Annual Premium $2,195.00
Direct Bill - Quarterly
If Indicated, interim adjustments of premium shall be made: srPROVED AS TO FORM:
l I Semi-Annual ( ? Quarterly 1 I Monthly: GAIL HUTTLON, City dttorne.;
BYMla&
A 4IN
4
�.AG9 up 3� S- 21 o-e "k, `
-i,,1.
Countersigned by
w 18820 03-29-2000
10-94
INSURED'$ COPY
�2/11/00 15;.}9 FAX 415 495 8860 AonRIskservices uus
CERTIFICATE OF INSURANCE-COVERAGE OPTION I
SMALL CONSULTANTS PROFESSIONAL LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY(ADDITIONAL INSURED)
AON Risk Services, Inc., of Northern Californid Big Independent Cities Excess Pool
Insurance Services City of Huntington Beach
One Market, Spear Tower.Suite 2160
San Francisco,CA.94105
(4151 543-9360 City of:
NAMED INSURED (EVENT HOLDER): PROJECT/JOB INFORMATION:
McKinley Nielsen Associates Type: Eraessional > it _
Gass,;
-1)BA: MNA Consulting Date(s): NoveMbar June, 38,2000
427 -C-Street, Suite 308 Irroject Description: j► ebxcJ tom.esi+ lvz
Ban Diego, CA 92101 de,!elo tent,of- ,5 acr4: parcel. of land
619-239-9877 M 'Name of Projec gg s�_of PazkaiQe Est.
premium:, —$350.00
Additional Fees and Taxes_ _ 1-1 12
This Is to certify that the policies of insurance listed below have been issued to the insured names[ above
for the policy period indicated, Notwithstanding any requirements,terms or conditions of any contract or
other document with respect to which this certificate may be issued or may pertain, the insurance
afforded by the policies described herein is subject to all the terms, exclusions and conditions of such
policies.
INSURANCE CARRIER:Evanston insurance Company
MASTER POLICY NUMBER: TBD
MASTER POLICY DATES: EFFECT($: TULY 1;19939 1 2000
12.01 a.m.Pacific Standard Time 12.01 a.m.Pacific Standard Time
PROM51QNAL
General Aggregate Liability $1,000,000 Per each' project or
consulting contract
Each Occurrence Lhx ft $1,000,000
Deductible: Per Claim $ 500
Coverage is primary and not contributing with any insurance maintained by an additional tnsured. The
limits of insurance apply separately to each contract/project insured by this policy as if a separate policy
of insurance has been issued for that project and/or contract.
It is understood and agreed that the Certificate Holder is an Additional Insured,but only as respects its
liabilt arising out of the activities of the Named Insured.
OTHER ADDITIONAL INSURED PMD
OfI'A3 ��7l�TACP
GAIL HUTTON, city Attorney � (�
By;
CANOLLATTON: Should the above described policy be canceled before the expiration date thereof,the
lasuinncornpany will mail 30 days written notice to the certificate holder and additional h ureda listed.
AUTHORIZED REPRESENTATIVE:.
r
DATE ISSUED: February 11. 2000 `" � s ' < < a``.` f
TULIP MHrA=Aas Aon Risk Services
«.. . . ...,..w ..�.... AA W ACC CCCM P.02
3
_ f t _„ ' -i7 1 Sih,e � t b ( 'r tu+r fN ' -'t t - �i '�'` �q_-+� '"�
itsME
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/Department of Requesting Staff Member: A^'Y- 3,4ry x-,
2. Date of Request:
3. Name of Contractor/Permittee: 14N4 t,L7-��G-
4. Description of work to be performed:
5. Length o Contract: (�
6. Type of Insurance Waiver or Modification Requested:
(a) Limits: (b) Coverage;
7. Reason for Request for Waiver or Reduction of Limits:
—
�YLiCiL �'t t 'G ,1 ;i!ti
8. Identify the risks to the City if this request for waiver or modifications granted:
Department Head Signature:
(This section to be completed by the Risk Manager)
Recommendation:
Approve Deny Risk.Manager's Signature,'Da e r
(This section to be completed b City Allorneyj
Recommendation:
Approvd/ Deny City Attorney's Signatu Da
Settlement Committee approvals [is not] r uired for this waiver, if Settlement Committee approval is required, submit
form to City Attorney's Office to he a on the agenda. Recommendation: Approve Deny
City Council approval ] is not required for this waiver. If City Council approval is required,attach this form to the
RCA after consideration ettlement Committee. This insurance waiver[is] [is not] on City Council agenda.
jmp/k/resoution/insreq/2/6/58
7