HomeMy WebLinkAboutOC CONSERVATION CORPS - 2002-01-02CITY OF HUNTINGTON BEACH
MEETING DATE: December 2, 2002 DEPARTMENT ID NUMBER: PW 02-087
Council/Agency Meeting Held: oZ
Deferred/Continued to:
Approved LJ Conditionally Approved :3 Denied
City Clerk's Signature
Council Meeting Date. December 2, 2002
Department ID Number: PW 02-087
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
Q
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
_
SUBMITTED BY:
RAY SILVER, City Administrator army
PREPARED BY:
ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT:
APPROPRIATE FUNDS FOR RECYCLING/EDUCATIONfl1
PROGRAMS AND AUTHORIZE A CONTRACT WITH THE`OR-ANGE
COUNTY CONSERVATION CORPS
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The City is the recipient of a grant from the California Department of
Conservation that requires the City to implement soda bottle and can recycling, education
and purchasing programs.
Funding Source: Funds from the California Department of Conservation, Recycling
Division, in the amount of $109,920 will be appropriated from additional estimated revenue
not anticipated in the original Refuse Education Fund budget. The new monies will be
appropriated into account 50985103.69365 (Refuse Education Fund, Other Professional
Services).
Recommended Action: Motion to:
1. Appropriate grant funds in the amount of $109.920 from the Refuse Education Fund
and;
2. Authorize the Director of Public Works to enter into a services contract between the City
of Huntington Beach and the Orange County Conservation Corps (OCCC) for litter
abatement, park recycling. maintenance and other services at the Shipley Nature
Center in the amount of $31,400.
GAR C A12002102-087 Dec 2 Flynn (DOC Grant--OCCC Contract).doc
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REQUEST FOR ACTION
MEETING DATE: December 2, 2002 DEPARTMENT ID NUMBER: PW 02-087
Alternative Action(s):
Do not authorize a contract with the OCCC, and direct staff to seek other means to
accomplish a recycling program. This action will delay addressing the need for immediate
and continued arundo removal at the Shipley Nature Center, thereby negating the work done
by the OCCC at the site from December 2001 through June 2002.
Analysis: Annually, the California Department of Conservation makes funds available for
beverage container recycling and education projects through a city/county grant program.
Funds are allocated to each successful -applicant city based on population in the city's
incorporated areas as stated in the Annual Demographic Report submitted to the Governor
by the Department of Finance. The grant application from the City of Huntington Beach was
approved and $109,920 has been received, all of which must be used for activities related to
beverage container recycling, beverage container recycled -content purchases and recycling
educational efforts as stated in the application. Carryover is not permitted under the grant
guidelines; so, all funding must be expended by June 30, 2003, or returned to the State of
California. The City of Huntington Beach funds are designated for the following activities:
Recycling Activity: collection and recycling of beverage containers and purchase of
recycled beverage container products for use at large venues and public areas:
• Purchase site furnishings/containers made from recycled beverage containers for
parks, community centers and senior centers. Signage would indicate that this
product is an effort by the City to promote recycling ($39,500).
• Collection Recycling Program in Public Places/Central Park Recycling program
($35,000).
• Beverage Container Litter Cleanup Projects in Public Places ($6,000).
• Supplies/recycling bins, liners and bags ($1,420).
Educational Activity: education promoting beverage container recycling and/or litter
prevention:
• Develop educational materials that promote recycling and litter prevention for use at
civic functions and schools ($16,000)
• Personnel costs for grant administration and recycling coordination ($12,000)
The City of Huntington Beach will utilize the $35,000 earmarked for a collection/recycling
program in public places/Central Park by contracting with the Orange County Conservation
Corp (OCCC) in the amount of $31,400. The additional $3,600 will be used for program
costs such as collection receptacles and liners. The OCCC will place bottle and can
recycling receptacles throughout the park, and maintain a collection schedule.
From December 2001 through June 2002, OCCC workers removed arundo and other non-
native vegetation in the Shipley Nature Center. As described in the contract, the OCCC will
also use a combination of OCCC Department of Conservation grant funds and OCCC Park
GAR C A120D2\02-087 Dec 2 Flynn (DOC Grant--OCCC Contract).doc ,$-
11/20/2002 3:12 PM
0 REQUEST FOR ACTION
MEETING DATE: December 2, 2002 DEPARTMENT ID NUMBER: PW 02-087
Bond funds to continue this $86,400 city park recycling/weed abatement project. The OCCC
will contribute $55,000 in funds to the project.
Environmental Status: Not applicable.
Attach men t(s):
1 Fiscal Impact Statement —Refuse Fund
2 Contract with Orange County Conservation Corps
3 Donald D. Shiplev Nature Center Information
RCA Author: Jones/Flynn
GAR C A12002102-087 Dec 2 Flynn (DOC Grant--OCCC Contract).doc 4-
11/20/2002 3:12 PM 3
ATTACHMENT #1
0
9
To:
From
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
Ray Silver, City Administrator
Clay Martin, Director of Administrative Services
Subject: FIS 2003-08 Appropriate Funds For Soda Bottle
And Can Recycling/Educational Programs And Authorize The
Director Of Public Works To Enter Into A Professional Services
Contract With The Orange County Conservation Corp.
Date: November 5, 2002
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Appropriate Funds For Soda Bottle And Can
Recycling/Educational Programs And Authorize The Director Of
Public Works To Enter Into A Professional Services Contract With
The Orange County Conservation Corp".
If the City Council approves this request (total appropriation
$109,920), there will be no effect on the unappropriated,
undesignated balance of the Refuse Education Fund because the
amount is offset by grant revenue that cannot be used for any other
purpose.
C�f
Clay MaPKpn
Director of Administrative Services
ATTACHMENT #2
0
SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY
CONSERVATION CORPS FOR LITTER ABATEMENT, PARK RECYCLING,
MAINTENANCE AND OTHER SERVICES AT THE
S}8PLEY NATURE CENTER
Table of Contents
lScope
VfServices ................................................................................................. l
2
City Staff Assistance ............................................................................................
2
3
Term; Time ofPerformance ...... .......... .......... .......... ........ --- ......... .........
........ -2
4
C--------------------.-------------..
2
5
Extra Work ...........................................................................................................
2
6
Method of Payment -------------------------------.3
7
Disposition ofPlans, Estimates and Other Documents .......................................
3
8
Hold Harmless ...... _---_._-_.------................... -...... .........
...... -3
9
Workers' and Liability Insurance ..............................
4
10
Insurance --..---------------------------------.4
ll
Certificates of Avdd��`oallosurc� --.-------.5
12
Independent C000act0r--..---..----------------------/5
13
Termination of .... --- ....... ......... ---- ...... .... ----.........
....... ...7
14
Assignment and Delegation.................................................................................
7
15
C-------------------------------7
16
City Employeesood Officials ..............................................................................
7
17
Notices ..................................................................................................................
Q
lQConsent
....... .................... .......... -...................... -.----...—........... .......
.... —.8
lA----------------------------------..8
20
Section -------------------------.-----..
A
21
Interpretation of this Agreement ---------.---------------.9
22
Duplicate Original ---------.--------.--------------lO
23
Immigration -.---.--.--.--'.----.----.'---'-----.---.-----._—..[0
24
Legal Services Subcontracting Prohibited ...........................................................
}O
25
Fees .....................................................................................................
10
26
Survival ................................................................................................................
1l
27
Governing Lm`� .--------------------------------..11
28
Entirety -----.--------------------------------.}l
/
02u�ee,'OCConservation Cmrpa!jouf1jn/\\/6/2002
0
0
SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY
CONSERVATION CORPS FOR LITTER ABATEMENT, PARK RECYCLING,
MAINTENANCE AND OTHER SERVICES AT THE
SHIPLEY NATURE CENTER
THIS AGREEMENT {='Agreement") is made and entered into this day of
, 2002, by and between the City of Huntington Beach, a municipal corporation of
the State of California, hereinafter referred to as "CITY." and Orange County Conservation
Corps, a California non-profit corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to provide litter
abatement, park recycling, maintenance and other services at the Shipley Nature Center
in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach ;Municipal Code, Chapter 3.02, relating to procurement of service
contracts have been complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
1. SCOPE OF SERVICES
CONTRACTOR shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONTRACTOR hereby designates Robert Von Gietzen, 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 CONTRACTOR
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on July 31, 2003, unless sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later
than July 31, 2003 from the Commencement 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 Exhibit "A. This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONTRACTOR.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONTRACTOR a fee, including all costs and expenses, not to exceed Thirty-
one Thousand Four Hundred Dollars ($31,400.00) from CITY's State Department of
Conservation, Division of Recycling ("DOC") grant funds.
5. EXTRA WORK
In the event CITY requires additional services not included in Section I,
or changes in the scope of services described in Section 1, CONTRACTOR will
undertake such work only after receiving written authorization from CITY. Additional
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compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONTRACTOR shall be paid pursuant to the terms of Exhibit "B,"
which is attached hereto and incorporated into this Agreement by this reference.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONTRACTOR shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by
CITY as it sees fit.
8. HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, Iosses, expenses, judgments, demands and
defense costs (including; without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONTRACTOR's (or
CONTRACTOR's subcontractors, if any) negligent performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by
CONTRACTOR, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONTRACTOR will conduct
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all defense at its sole cost and expense and CITY shall approve selection of
CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONTRACTOR.
9. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
CONTRACTOR acknowledges awareness of Section 3700 et seq. of the
California Labor Code, which requires every employer to be insured against liability for
workers' compensation; CONTRACTOR covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall obtain and furnish to CITY workers' compensation
and employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the
terms of the workers' compensation and employer's liability insurance and
CONTRACTOR shall similarly require all subcontractors to waive subrogation.
10. INSURANCE
In addition to the workers' compensation and employer's liability
insurance and CONTRACTOR's covenant to indemnify, defend and hold harmless CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the
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scope of their duties, against any and all claims arising out 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 One Million Dollars ($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 One Million Dollars
($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or
appointed officials, employees, agents, 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 CONTRACTOR's insurance shall
be primary.
Under no circumstances shall said above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the
City Attorney evidencing the foregoing insurance coverages as required by this
Agreement; the certificates shall:
L provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
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3. promise to provide that such policies will not be canceled or modified
without thirty (30) days' prior written notice: however, ten (10) days' prior
notice in the event of cancellation for nonpayment of premium.
CONTRACTOR 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 CONTRACTOR's indemnification, defense and hold harmless obligations
as set forth under this Agreement. CITY or its representative shall at all times have the
right to demand the original or a copy of all the policies of insurance. CONTRACTOR
shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove
required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,
elected and appointed officials, employees, agents and volunteers as Additional Insureds,
to the City Attorney for approval prior to any payment hereunder.
12. INDEPENDENT CONTRACTOR
CONTRACTOR 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.
CONTRACTOR shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONTRACTOR and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
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13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and
workmanlike manner. CITY may terminate CONTRACTOR's services hereunder at any
time with or without cause, and whether or not the PROJECT is fully complete. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be
delivered to CONTRACTOR as provided herein. In the event of termination, all finished
and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,
become its property and shall be promptly delivered to it by CONTRACTOR.
14. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder
shall not be assigned, delegated or subcontracted by CONTRACTOR to any other person
or entity without the prior express written consent of CITY. If an assignment, delegation
or subcontract is approved, all approved assignees, delegates and subcontractors must
satisfy the insurance requirements as set forth in Sections 9 through 11 hereinabove.
15. 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.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR 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.
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17. NOTICES
Any notices, certificates, or other communications hereunder shall be
given either by personal delivery to CONTRACTOR's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a
sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, to the addresses specified below. CITY and CONTRACTOR may designate
different addresses to which subsequent notices, certificates or other communications will
be sent by notifving the other party via personal delivery, a reputable overnight carrier or
U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
18. CONSENT
TO CONTRACTOR:
Robert Von Gietzen, Director of Operations
Orange County Conservation Corps
700 North Valley Street, #B
Anaheim, CA 92801
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a
consent/approval to any subsequent occurrence of the same or any other transaction or
event.
19. MODIFICATION
No waiver or modification of any language in this Agreement shall be
valid unless in writing and duly executed by both parties.
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20. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and
descriptive phrases at the beginning of the various sections in this Agreement are merely
descriptive and are included solely for convenience of reference only and are not
representative of matters included or excluded from such provisions, and do not interpret,
define, limit or describe, or construe the intent of the parties or affect the construction or
interpretation of any provision of this Agreement.
21. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained
herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent
necessary to bring it within the requirements of the law..
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22. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals; each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
23. IMMIGRATION
CONTRACTOR 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.
24. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR 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. CONTRACTOR
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 CONTRACTOR.
25. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance
hereof each party shall bear its own attorney's fees, such that the prevailing party shall
not be entitled to recover its attorney's fees from the non -prevailing party.
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26. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
27. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations,
inducements, promises, agreements or warranties, oral or otherwise, have been made by
that party or anyone acting on that party's behalf, which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any
representation, inducement, promise, agreement; warranty, fact or circumstance not
expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain
the entire agreement between the parties respecting the subject matter of this Agreement,
and supercede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
[SIGNATLRES OAT JN XT PAGE]
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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.
ORANGE COUNTY CONSERVATION
CORPS. a California npn-profit corporation
print name
ITS: (circle one) Chairman/President/Vice
President
AND
By: --
t?d 6 F-,Z-7 41
print name
ITS: (circle one) Secreta 'Chief Financial
Officer , st. Secretary - Treasurer
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CITY OF HUNTINGTON BEACH, a
munic' oration of the State of California
By: �r
Director of Public Works f7f1?/o2
ATTEST:
By:
City Clerk /7/1n f L
APPROVED AS TO FORM:
By:
City Attorney
HNO-)-
REVIEWED AND APPROVED:
By:-^v!
tv Administrator
INITIAT APPROVED:
By:
Director of Public Works
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Provide litter abatement, park recycling, maintenance and other services at the
Shipley Nature Center in the City of Huntington Beach.
B. CONTRACTOR'S DUTIES AIND RESPONSIBILITIES:
CONTRACTOR's Park Recycling/Maintenance Job Training Program will use
matching funds from the CONTRACTOR's State Department of Conservation;
Division of Recycling C'DOC") grant, CONTRACTOR's Park Bond grant, and
CITY's DOC grant funds to provide park recycling and park maintenance
services for the duration of the contract. The purpose of this job -training program
is to provide park services to CITY while providing CONTRACTOR's
corpsmembers with on-the-job. experience and training needed to qualify as entry-
level maintenance personnel.
CONTRACTOR agrees to all of the follwAing:
Park recycling and litter abatement services. CONTRACTOR's
DOC grant finds allow CONTRACTOR to establish and maintain
beverage container recycling and litter abatement programs. With
CITY approval, CONTRACTOR will assist in placing recycling
containers at designated parks to collect recyclable beverage
containers. CONTRACTOR will service these containers as
needed. Service will include collecting the beverage containers,
maintaining the container and the immediate area surrounding the
container for trash and litter. Other recycling services may include
collecting beverage containers and removing trash and debris from
wilderness areas, streams, alleyways or community events. All
beverage containers collected will become the property of
CONTRACTOR and all recycling revenues generated through this
program will be donated to CONTRACTOR to help offset costs of
the recycling program provided by CONTRACTOR.
CONTRACTOR vAzll report in writing to CITY on a monthly basis
amounts in pounds of beverage containers collected and recycled
by CONTRACTOR.
2. Park Maintenance Services. CONTRACTOR's Park Bond grant `
funds allow CONTRACTOR to improve, develop, rehabilitate,
restore, enhance and protect park, recreational, cultural, historical,
fish and wildlife, lake riparian, reservoir, river and coastal
resources. Such projects may include, but are not limited to, the \
following: irrigation and landscaping, tree planting, removal of
non-native vegetation, weed abatement, interpretative trails, trail
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maintenance, flood control, storm damage, painting, and/or general
maintenance and repair of park structures and equipment.
3. CITY's DOC grant funds will be used to supplement the park
recycling and litter abatement services.
4. Selected, qualified individual corpsmembers of CONTRACTOR
may with the approval of CONTRACTOR be assigned to work
alongside and with CITY park personnel to perform interim -life
projects that will provide a higher level of training and work/learn
experiences. All of CONTRACTOR's crews w71i have a
supervisor of CONTRACTOR present at all times at the job site to
assure proper conduct and the use of safe work practices.
5. CONTRACTOR will maintain the same work crew throughout
each project whenever possible.
b. CONTRACTOR shall provide four days of labor each week.
C. CITY'S DUTIES AND RESPONSIBILITIES:
CITY agrees to the following:
CITY will provide all project materials needed to complete projects.
This may include, but not be limited to, the following: paint and
painting supplies, wood. landscaping and irrigation supplies,
dumpsters, special project equipment, trees and plants.
2. CITY park personnel will provide instruction and training as
needed so that CONTRACTOR's corpsmembers acquire the
work/learn experiences needed to qualify as entry-level park
maintenance personnel.
D. WORK PROGRATMIPROJECT SCHEDULE:
From date of execution of Agreement to July 31, 2003.
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EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONTRACTOR shall be entitled to monthly progress payments toward
the fixed fee set forth herein in accordance with the following progress and payment
schedules.
2. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONTRACTOR 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.
3. CONTRACTOR shall submit to CITY an invoice for each monthly
progress payment due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed:
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONTRACTOR's
firm that the work has been performed in accordance with the
provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice. if CITY is satisfied that CONTRACTOR is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONTRACTOR in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONTRACTOR is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance
and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain
all of the information required above, and in addition shall list the hours expended and
hourly rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such
approval shall not be unreasonably withheld. Any dispute between the parties concerning
payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
15 of la
02agree!OC Conservation Corps JrnVjn/6/7/2002
•
•
ATTACHMENT #3
Donald D. Shipley Nature Center
What is the Shipley Nature Center?
Opened in 1974, the Shipley Nature Center is an 18-acre fenced natural area within Huntington
Beach Central Park in Huntington Beach, CA. Named after former BB Mayor Donald D.
Shipley, the center is owned by the City of Huntington Beach.
Within the Nature Center is a 1,500 sq. ft. Interpretive Center building with exhibits on local
wildlife and ecology. The area includes a meandering trail system through native riparian habitat
and around Blackbird Pond, a natural freshwater wetland, plus extensive plantings of mature
native trees.
Where is the Shipley Nature Center?
The Nature Center lies in the western part of Huntington Beach Central Park, south of Slater
Street and west of Goldenwest Street. The Nature Center lies in the historic Bolsa River
watershed, and is contiguous with the larger Bolsa Chica wetland and upland ecosystems.
What is the purpose of the Shipley Nature Center?
The Shipley Nature Center is a focal point for environmental education in an urban setting. Prior
to closing for restoration in October 2002, the center received 40,000 visitors annually, and a
full-time park ranger gave free educational tours to 4,000 school children a year. With 18 acres
of mature trees and native plants, as well as freshwater wetlands, the Nature Center provides
valuable natural habitat for insects, amphibians, reptiles, birds, and mammals, and is widely used
by bird watchers and other lovers of nature.
Why does the Shipley Nature Center need to be restored?
Over the years, the Nature Center has become overrun with invasive exotic plant species. These
non-native species have crowded out the more desirable native plant species on which local
native wildlife depends.
Blackbird Pond suffers from lack of oxygen, especially during the summer months. Restoration
will include creation of a freshwater stream to provide circulation and aeration for the pond. The
stream will prove to be a powerful lure for migrating songbirds and other birds. In fact, the
stream will be the only moving fresh water in the greater Bolsa Chica ecosystem and will expand
the natural freshwater wetland habitat of the area.
I
How will restoration be accomplished?
Invasive non-native plants will be removed. The land will be recontoured, the trail system will be
upgraded, an irrigation system will be installed, and native plants and trees will be planted. Much
of this work will be done by volunteer labor provided by the Friends of the Shipley Nature
Center or paid for with funds raised by this group, with support from the City of HB.
10/27/2002
FMendsShipley of the Shi le Nature Center
P.O. Box 1052
Huntington Beach, CA 92647
714963-1658; 714-846-0916; email 5tephpac@socal.rr.com
22 Species of Special Concern at Shipley Nature Center
Among the many invertebrates, fish, amphibians, reptiles, birds, and mammals found at
Shipley Nature Center, some are listed as Species of Special Concern by the California
Department of Fish and Game because their populations are in decline.
An impressive 22 Species of Special Concern use the Shipley Nature Center for breeding
or feeding_
Because a full assessment of all the biological resources of the Nature Center has not
been performed, there may be other Species of Special Concern present but not listed
here.
Reptiles
Western pond turtle (Clemmys marmorata)
Birds
Great Egret
Snowy Egret
Great Blue Heron
Black-crovvmed Night -Heron
Cooper's Hawk
Sharp -shinned Hawk
White-tailed Kite
Merlin
California Least Tern (Endangered, fully protected by law)
Caspian Tern
Forster's Tern
Short -eared Owl
Rufous Hummingbird
Olive -sided Flycatcher
Willow Flycatcher
Blue -gray Gnatcatcher
Loggerhead Shrike
Least Bell's Vireo
Tricolored Blackbird
Hermit Warbler
Yellow Warbler
10127/2002
f
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ORANGE COUNTY CONSERVATION
CORPS FAX NO. 1(714}-956-1944
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RE: GENERAL LIABILITY COVERAGE — THE CITY OF HUNTINGTON BEACH, ITS
AGENTS OFFICERS AND'.EMPLOYEES ARE ADDT'L INSURED WITH RESPECT TO THE
OPERATIONS OF THE NAMED INSURED, PER ENDORSEMENT FORM CG20261185,
ATTACHED*10 DAY NOTICE OF CANCEL FOR NON —PAY OF PREMIUM SHALL APPLY.
CITY OF HUNTINGTON BEACH
ATTN: JOAN FLYNN F:1(714)-374-1590
17371 GOTHARD STREET.
HUNTINGTON BEACH CA 92647
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANcFILED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AMM OMMXYAR
*30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,
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AGENTS OFFICERS AND EMPLOYEES ARE ADDT'L INSURED WITH RESPECT.TO THE
OPERATIONS OF THE NAMED INSURED, PER ENDORSEMENT FORM CG20261185,
ATTACHED*10 DAY NOTICE OF CANCEL FOR NON -PAY OF PREMIUM SHALL APPLY.
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POLICY NUMBER: PHPK029106
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH
ATTN: JlM BELISE
P.O. BOX 190
HUNTINGTON BEACH, CA 92647
(If no entry appears above, information required to complete this endorsement will be 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 as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 E.
POLICY NUMBER: PHPK029106 COMMERCIAL GENERAL LIABILITY
1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
,
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY QF HTJNTINGTON BEACH
ATTN: JIM BELISE
P.O. BOX 190
HUNTINGTON BEACH, CA 92647
(If no ant�y appears above, informatinn rarpiirad to complete this endorsement will be 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 as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you_
i
,
&PPRO'UED AS TO FOR'd n
GAIL HUTTOI;, City Attorney
Bv: Deputy City Attorne I
CG 20 28 11 85 r
1
Copyright, Insurance Services Office, Inc., 1984
?,/2'd WUBV:80 z0. ST AON
0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
crTY CLERK
December 27, 2002
Robert Von Gietzen
Director of Operations
Orange County Conservation Corps
700 North Valley Street, #B
Anaheim, CA 92801
Dear Mr. Von Gietzen,
CALIFORNIA 92648
Enclosed is a duly executed copy of the Service Contract between the City of
Huntington Beach and the Orange County Conservation Corps for litter
abatement, Park recycling, -maintenance and other services at the Shipley Nature:
Center.
Also enclosed is a copy of the insurance you submitted.
Please call Joan Flynn, Sr. Department Analyst, Public Works Department, if you
have any questions. She can be reached at (714) 960-8861.
Sincerely,
y
�
Connie Brockway CMC
City Clerk.
CC: Robert F. Beardsley, DPW
Risk Management (Insurance)
Attachment
/rsr
(Telephone: 714�3"227)
•
u
SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTONI BEACH AND ORANGE COUNTY
CONSERVATION CORPS FOR LITTER ABATEMENT, PARK RECYCLING,
MAINTENANCE AND OTHER SERVICES AT THE
SHIPLEY NATURE CENTER
Table of Contents
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page
Scopeof Services.................................................................................................1
CityStaff Assistance............................................................................................2
Term; Time of Performance.................................................................................2
Compensation......................................................................................................2
ExtraWork...........................................................................................................2
Method'of Payment...................................................................................•----
....3
Disposition of Plans, Estimates and Other Documents.......................................3
HoldHarmless.....................................................................................................3
Workers' Compensation and Employer's Liability Insurance
..............................4
Insurance..............................................................................................................4
Certificates of Insurance, Additional Insured Endorsements
..............................5
t
Independent Contractor........................................................................................6
Termination of Agreement...................................................................................7
Assignment'annd Delegation ..................... :....:.......-:...:........:.:......7
C opyrights/Patents...............................................................................................7
City Employees and Officials...............................•--............................................7
Notices.................................................................................................................8
Consent................................................................................................................8
Modification.........................................................................................................8
SectionHeadings.................................................................................................9
Interpretation of this Agreement..........................................................................9
DuplicateOriginal................................................................................................10
Immigration..........................................................................................................10
Legal Services Subcontracting Prohibited...........................................................10
Attorney's Fees........................................................................................ ...10
Survival................................................................................................... ... I I
GoverningLaw..................:.......:.......:..................................................... .
Entirety................................................................................................................... I I
02agree/OC Conservation Corps/jmtjNl 116/2002
SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY
CONSERVATION CORPS FOR LITTER ABATEMENT, PARK RECYCLING,
MAINTENANCE AND OTHER SERVICES AT THE
SHIPLEY NATURE CENTER
THIS AGREEMENT ("Agreement") is made and entered into this day of
2002, by and between the City of Huntington Beach, a municipal corporation of
the State of California, hereinafter referred to as "CITY," and Orange County Conservation
Corps, a California non-profit corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a contractor to provide litter
abatement, park recycling, maintenance and other services at the Shipley Nature Center
in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach lVfunicipal Code, Chapter 3.02, relating to procurement of service
contracts have been complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
1. SCOPE OF SERVICES
CONTRACTOR shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONTRACTOR hereby designates Robert Von Gietzen, who shall represent
it and be its sole contact and agent in all consultations with CITY during the performance of
this Agreement.
I of 15
02agree'0C Conservation Corps/jm&jn/6/7/2002
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONTRACTOR
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on July 31, 2003, unless sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later
than July 31, 2003 from the Commencement 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 Exhibit "A. This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONTRACTOR_
4. COMPENSATION.
,In consideration of the performance of the services described herein, CITY
agrees to pay CONTRACTOR a fee, including all costs and expenses, not to exceed Thirty-
one Thousand Four Hundred Dollars ($31,400.00) from CITY's State Department of
Conservation, Division of Recycling ("DOC") grant funds.
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1,
or changes in the scope of services described in Section 1, CONTRACTOR will
undertake such work only after receiving written authorization from CITY. Additional
2of15
02agree/0C Conservation Corps/jrnf/jn/67/2002
i
C-1
i
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONTRACTOR sha11 be paid pursuant to the terms of Exhibit "B,"
which is attached hereto and incorporated into this Agreement by this reference.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONTRACTOR shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by
CITY as it sees fit.
$. HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, losses, expenses, judgments, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONTRACTOR's (or
CONTRACTOR's subcontractors, if any) negligent performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by
CONTRACTOR, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONTRACTOR will conduct
3of15
02agree/OC Conservation Corpsljrnf/jn/6/7/2002
0 0
all defense at its sole cost and expense and CITY shall approve selection of
CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONTRACTOR.
9. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
CONTRACTOR acknowledges awareness of Section 3700 et seq. of the
California Labor Code, which requires every employer to be insured against liability for
workers' compensation; CONTRACTOR covenants that it vill comply with such
provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall obtain and furnish to CITY workers' compensation
and employer's liability insurance in an amount of not less than the. State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the
terms of the workers' compensation and employer's liability insurance and
CONTRACTOR shall similarly require all subcontractors to waive subrogation.
10. INSURANCE
In addition to the workers' compensation and employer's liability
insurance and CONTRACTOR's covenant to indemnify, defend and hold harmless CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the
4of15
02agree/0C Conservation Corps/irnf jn/6/7/2002
• 0
scope of their duties, against any and all claims arising out 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 One Million Dollars ($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 One Million Dollars
($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or
appointed officials, employees, agents, 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 CONTRACTORs insurance shall
be primary.
Under no circumstances shall said above -mentioned insurance contain a` self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the
City Attorney evidencing the foregoing insurance coverages as required by this
Agreement; the certificates shall:
1. , provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
5of15
02agree/OC Conservation Corps/jmfJn/6/7/2002
0
i
3. promise to provide that such policies will not be canceled or modified
without thirty (30) days' prior written notice; however, ten (10) days' prior
notice in the event of cancellation for nonpayment of premium.
CONTRACTOR 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 CONTRACTOR's indemnification, defense and hold harmless obligations
as set forth under this Agreement. CITY or its representative shall at all times have the
right to demand the original or a copy of all the policies of insurance. CONTRACTOR
shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove
required.
CONTRACTOR shall provide a separate copy -of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,
elected and appointed officials, employees, agents and volunteers as Additional Insureds,
to the City Attorney for approval prior to any payment hereunder.
12. - INDEPENDENT CONTRACTOR
CONTRACTOR 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.
CONTRACTOR shall secure at its own cost and expense, -and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment Compensation and other payroll deductions for CONTRACTOR and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
6of15
02agree/0C Conservation Corps/jmf'jn/6/7/2002
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13. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and
workmanlike. manner. CITY may terminate CONTRACTOR'S services hereunder at any
time with or without cause, and whether or not the PROJECT is fully complete: Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be
delivered to CONTRACTOR as provided herein. In the event of termination, all finished
and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,
become its property and shall be promptly delivered to it by CONTRACTOR.
14. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder
shall not be assigned, delegated or subcontracted by CONTRACTOR to any other person
or entity without the prior express written consent of CITY. If an assignment, delegation
or subcontract is approved, all approved assignees, delegates and subcontractors must
satisfy the insurance requirements as set forth in Sections 9 through 11 hereinabove.
15_ 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.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR 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.
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17. NOTICES
Any notices, certificates, or other communications hereunder shall be
given either. by personal delivery to CONTRACTOR's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a
sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, to the addresses specified below. CITY and CONTRACTOR may designate
different addresses to which subsequent notices, certificates or other communications will
be sent by notifying the other party via personal delivery, a reputable overnight carrier or
U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
18. CONSENT
TO CONTRACTOR:
Robert Von Gietzen, Director of Operations
Orange County Conservation Corps
700 North Valley Street, #B .
Anaheim, CA 92801
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a
consent/approval to any subsequent occurrence of the same or any other transaction or
event.
19. MODIFICATION
No waiver or modification of any language in this Agreement shall be
valid unless in writing and duly executed by both parties.
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20. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and
descriptive phrases -At the beginning of the various sections in this. Agreement are merely
descriptive and are included solely for convenience of reference only and are not
representative of matters included or excluded from such provisions, and do not interpret,
define, limit or describe, or construe the intent of the parties or affect the construction or
interpretation of any provision of this Agreement.
21. 'INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained .
herein and any present or future statute, law, ordinance or regulation contrary to' -which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and Iimited only to the extent
necessary to bring it within the requirements of the law.
H
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02actree/OC Conservation Corps/jrnVjrV6/7/2002
22. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and' signed in counterparts as duplicate originals, each of which so. executed
shall, irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
23. F"IGRATION
CONTRACTOR 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.
24. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR 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. CONTRACTOR
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 CONTRACTOR.
25. ATTORNEY'S FEES
In the event suit is brought- by either party to .construe, interpret and/or.
enforce the terms and/or provisions of this Agreement or to secure the performance
hereof, each party shall bear its own attorney's fees, such that the prevailing party shall
not be entitled to recover its attorney's fees from the non -prevailing party.
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26. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
27. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
2-8. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations,
inducements; promises, agreements or warranties, oral or otherwise, have been made by.
that party or anyone acting on that party's behalf, which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any
representation, inducement, promise, agreement, warranty, fact or circumstance not
expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain
the entire agreement between the parties respecting the subject matter of this Agreement,
and supercede all prior . understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
[SIGNATURES ON NEXT PAGE]
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02agree/dC Conservation Corps/jmf/jn/6/7/2002
r
0
i
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
wntten_
ORANGE COUNTY CONSERVATION
CORPS, a Califorrofit corporation
Y
B : L&'CT
pnnt name
ITS: (circle one) Chairman/President/Vice
President .
AND
By:
�?o LE 74 S'117'i Ti4
print name
ITS: (circle one) Secret t C of Financial
fficer St. Secretary — Treasurer
12 of 15
02agree/OC Conservation Corps/jmf/jn/6/7/2002
CITY OF HUNTINGTON BEACH, a
munic' oration of the State of California
.�
By:
Director of Public Works �yJr�loz
061*36
By:
City Clerk �z/«
APPROVED AS TO FORM:
By: `
��C�ity Attorney
HNO
REVIEWED AND APPROVED:
By: _ C,/),4 7 _
ty Administrator
INITIA APPROVED:
By:
Director of Public Works
0 •
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Provide litter abatement, park recycling, maintenance and other services at the
Shipley Mature Center in the City of Huntington Beach.
B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES:
CONTRACTOR's Park Recycling/Nlaintenance Job Training Program will use
matching funds from the CONTRACTOR's State Department of Conservation,
Division of Recycling C'DOC") grant, CONTRACTOR's Park Bond grant, and
CITY's DOC grant funds to provide park recycling and park maintenance
services for the duration of the contract. The purpose of this job -training program
is to provide park services to CITY while prodding CONTRACTOR's
corpsmembers with on-the-job. experience and training needed to qualify as entry-
level maintenance personnel.
CONTRACTOR agrees to all of the following:
1. Park recycling and litter abatement services. CONFIRACTOR's
DOC grant funds allow CONTRACTOR to establish. and maintain
beverage container recycling and litter abatement programs. With
CITY approval, CONTRACTOR will assist in placing recycling
containers at designated parks to collect recyclable beverage
containers. CONTRACTOR --ill service these containers as
needed. Service will include collecting the beverage containers,
maintaining the container and the immediate area surrounding the.
container for trash and litter. Other recycling services may include
collecting beverage containers and removing trash and debris from
wilderness areas, streams, alleyivays or community events. All
beverage containers collected will become the property of
CONTRACTOR and all recycling revenues generated through this
program will be donated to CONTRACTOR to help offset costs of
the recycling program provided by CONTRACTOR.
CONTRACTOR will report in writing to CITY on a monthly basis
amounts in pounds of beverage containers collected and recycled
by CONTRACTOR.
2. Park Maintenance Services. CONTRACTOR's Park Bond grant
funds allow CONTRACTOR to improve, develop, rehabilitate,
restore, enhance and protect park, recreational, cultural, historical,
fish and wildlife, Iake riparian, reservoir, river and coastal
resources. Such projects may include, but are not limited to, the
following: irrigation and landscaping, tree planting, removal of
non-native vegetation, weed abatement, interpretative trails, trail
13 of 15
02agree'0C Conservation CorpsljmfJr 1617/2002
0 a
maintenance, flood control, storm damage, painting, and/or general
maintenance and repair of park structures and equipment.
3. CITY's DOC grant funds will be used to supplement the park
recycling and litter abatement services.
4. Selected, qualified individual corpsmembers of CONTRACTOR
may with the approval of CONTRACTOR be assigned to work
alongside and with CITY park personnel to perform interim -life
projects that will provide a higher level of training and work/learn
experiences. All of CONTRACTOR's crews will have a
supervisor of CONTRACTOR present at all times at the job site to
assure proper conduct and the use of safe work practices.
S. CONTR.ACTOR will maintain the same work crew throughout
each project whenever possible.
6. CONTRACTOR shall provide four days of labor each week.
C. CITY'S DUTIES AND RESPONSIBILITIES:
CITY agrees to the following:
1. CITY will provide all project materials needed to complete projects.
This may include, but not be limited to, the following: paint and
painting supplies, wood, landscaping and irrigation supplies,
dumpsters, special project equipment, trees and plants.
2. CITY park personnel will provide instruction and training as
needed so that CONTRACTOR's corpsmembers acquire the
work/learn experiences needed to qualify as entry-level park
maintenance personnel.
D. WORK PROGRA UPROJECT SCHEDULE:
From date of execution of Agreement to. July 31, 2003.
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02agree/OC Conservation Corps/jmVin/6/7/2002
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONTRACTOR shall be entitled to monthly progress payments toward.
the fixed fee set forth herein in accordance with the following progress and payment
schedules.
2. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONTRACTOR 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.
3. CONTRACTOR shall submit to CITY an invoice for each monthly
progress payment due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include. a certification by a principal member of CONTRACTOR's
firm that the work has been performed in accordance with the
provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONTRACTOR in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONTRACTOR is in, or has been brought into
compliance, or until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance
and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain
all of the information required above, and in addition shall list the hours expended and
hourly rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance xN ith 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.
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02agree,0C Conservation CorpsijmVjn,'6/7f2002
0
11
NOV I
BY'.
�
WSURED
ORANGE COUNTY CONSERVATION
CORPS FAX NO. 1(714)-956-1944
700 N. VALLEY STREET, STE. AB
ANAHEIM CA 92801
.... ...:..... .. . .......:..:
DATE (MMIDDI"
CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
H ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
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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.
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DESCRIPTION OF OPERA TRONSM1OCATION8NEHX �=IAL tTR M
RE: GENERAL LIABILITY COVERAGE - THE CITY OF HUNTINGTON BEACH, ITS
AGENTS OFFICERS AND EMPLOYEES ARE ADDT'L INSURED WITH RESPECT TO THE
OPERATIONS OF THE NAMED INSURED, PER ENDORSEMENT FORM CG20261185,
ATTACHED*10 DAY NOTICE OF CANCEL FOR NON -PAY OF PREMIUM SHALL APPLY.
CITY OF HUNTINGTON BEACH
ATTN: JOAN FLYNN F:1(714)-374-1590
17371 GOTHARD STREET
HUNTINGTON BEACH CA 92647
1,000 COMP
1,000 COLL
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1())0A)M0XMALL
'SD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
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300 Esplanade, Suite 100
ALTER THE COVERAGE AFFORDED BY THE POUiC1ES BELOW.
Oxnard, CA 93030
COMPANIES AFFORDING COVERAGE
(805) 981-9585 F: (805) 981-0161
Ci1M?PNT
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B STATfi&COtRW SATION INS FUND
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RE: GENERAL LIABILITY COVERAGE —
THE CITY OF HUNTINGTON BEACH, ITS
AGENTS OFFICERS AND EMPLOYEES ARE
ADDT'L INSURED WITH RESPECT TO THE
OPERATIONS OF THE NAMED INSURED,
PER ENDORSEMENT FORM CO20261185,
ATTACHED * 10 DAY NOTICE OF
PREM=SHALL APPLY.
FOR NON —PAY O�yF
�AgCANCELL
• ..�.. F.. ... •;. le„ e.Fv* y .�C9�W1 .r
g,y�',�A."' �i` .,.. SR:iV�hcGfth
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POLICY NUMBER: PHPK02 910 6 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH
ATT'N : JIM nELI SE
P.O. BOX 190
HUNTINGTON BEACH, CA 92647
(If no entry appears above, information required to complete this endorsement will be 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 as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984
POLICY NUMBER: PHPK029106 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ -IT CAREFULLY, .
ADDITIONAL INSURED- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HLi TINGTON BEACH
ATTN: JIM BELISE
P.O. BOX 196
HUN'TINGTON BEACH, CA 92647
(If no antry appears above. infnrrnatinn rpgi irad to complete this endorsement will be shown in the Declarations
as applicable to this endorsement_)
WHO 1S AN INSURED(Section II) is amended to include as an insured the person or organization Shown in the
Schedule as an insures( but only with respect to liability arising out of your operations or premises owned by or
rented to you.
'.Jib.
CG 20 2611 85 Copyright, Insurance Services Office. Inc., 1984
i�
"� WUSV:60 20, Si A0N
0
•
J/
HUNTINGTON BEACH
From the desk of:
City of Huntington Beach
P.O. Box 190 - 2000 Main -Street
Huntington Beach, California 92648
www.ci.huntington-beach.ca.us
Connie Brockway, CIVIC
City Clerk
Telephone: (714) 536-5404
Fax: (714) 374-1557
C . con
r pi?C/ -,
144
[� at - f 12
1711NN
i •
%Su Contracts Checklist for Submittal to
j City Clerk's Office
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x54Q4
1. Name of Contractor:
0,0 aax-� 6;x�� 11�7
el�iiid.
2. Purpose of Contract: For Example. Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
+Ar a 090./
3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
.fur ve So, al oo
4. Amount of Contract:
040$, gaa, ov
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES *0
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested - pursuant to HBMC 3.43.166? 0 YES O&A
OR Is the attached contract a SOLE SOURCE? jQdES ❑ NIA
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? N&ES
PLEASEINCLUDE:
s a
a Extension
Department
�/4Datk—
g:1forms/city clerk contract checklist.doc
CITY CLERK'S OFFICE USE ONLY:
Cate o DataEntry/ 0
Alpha!D /`
' 600. i fl r *660.30 Pending
Co,exs - Z
DIV: Check City Clerk's
DONE
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HLNTINGTON BEACH AND ORANGE COUNTY
CONSERVATION CORPS FOR LITTER ABATEMENT, PARK RECYCLING
AND OTHER WORK WITHIN THE SHIPLEY NATURE CENTER
THIS Agreement is made and entered into this day of
by and between the City of Huntington Beach, a municipal corporation of the State of
California. hereinafter referred to as "CITY," and ORANGE COUNTY CONSERVATION
CORPS, a California non-profit corporation, hereinafter referred to as "CONSULTANT."
WHEREAS. CITY desires to engage the services of a consultant to provide park
recycling and maintenance services in the Shipley Nature Center in the City of Huntington
Beach: 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. SCOPE OF SERVICES
The Orange County Conservation Corps ("OCCC") Park Recycling/Maintenance
Job Training Program will use matching funds from the OCCC Department of Conservation,
Division of Recycling (DOC) grant, OCCC Park Bond grant, and CITY DOC grant funds to
provide park recycling and park maintenance services for the duration of the contract. The
purpose of this job -training program is to provide park services to the CITY while providing
OCCC corpsmembers with on-the-job experience and training needed to qualify as entry-level
maintenance personnel.
01 agree:corps.`l0' 19%01's1
The OCCC agrees to the following:
1. Park recycling and litter abatement services. OCCC DOC grant funds
allow the OCCC to establish and maintain beverage container recycling
and litter abatement programs. With City approval, the OCCC will assist
in placing recycling containers at designated parks to collect recyclable
beverage containers. The OCCC will service these containers as needed.
Service will include collecting the beverage containers, maintaining the
container, and the immediate area surrounding the container for trash and
litter. Other recycling services may include collecting beverage containers
and removing trash and debris from wilderness areas, streams, alleyways,
or community events. All beverage containers collected will become the
property of the OCCC and all recycling revenues generated through this
program will be donated to the OCCC to help offset costs of the recycling
program provided by the OCCC. The OCCC will report on a monthly
basis amounts in pounds of beverage containers collected and recycled by
the OCCC.
2. Park Maintenance Services. OCCC Park Bond funds allow the OCCC to
improve, develop, rehabilitate, restore, enhance and protect park,
recreational, cultural, historical, fish and wildlife, lake riparian, reservoir,
river and coastal resources. Such projects may include but are not limited
to the following: irrigation and landscaping, tree planting, removal of
non-native vegetation, weed abatement, interpretative trails, trail
maintenance, flood control, storm damage, painting, andI O general
maintenance and repair of park structures and equipment.
3. City DOC grant funds will be used to supplement the Park recycling and
litter abatement services.
4. Selected, qualified individual OCCC corpsmembers may with the
approval of the OCCC be assigned to work alongside and with City park
personnel to perform interim -life projects that will provide a higher level
of training and work/learn experiences. All OCCC crews will have an
OCCC supervisor present at all times at the job site to assure proper
conduct and the use of safe work practices.
Funds will be used for corpsmembers labor, training, transportation,
supervision, tools, and safety equipment.
6. OCCC will maintain the same work crew throughout each project
whenever possible.
7. OCCC shall provide four days labor each week with the first three days
paid by OCCC and the fourth day paid by the City.
0l agree!carps.110119. 01 isl 2
The CITY agrees to the follows:
The City will provide all project materials needed to complete projects.
This may include but not be limited to the following: paint and painting
supplies, wood, landscaping and irrigation supplies, dumpsters, special
project equipment, trees and plants.
2. City park personnel will provide instruction and training as needed so that
OCCC corpsmembers acquire the work, -'learn experiences needed to
quality as entry-level park maintenance personnel.
Encourage qualified OCCC corpsmembers to apply for available entry-
level park maintenance positions.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
CONSULTANT hereby designates Robert Von Gietzen who shall represent
CONSULTANT and shall be CONSULTANT's primary contract person with CITY.
3. THE 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
Section 1 shall be completed no later than June 30, 2002 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 Section 1 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.
01 agree!corps!10 1IWO11s1 3
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Twenty Eight Thousand Eight Hundred Twenty Two
Dollars (528, 822.00) from DOC grant funds.
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or
changes in the scope of services described in Section 1, CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONSULTANNT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in Section 1.
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:
01auree/corps/10./19:01 sl 4
•
•
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
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 shalt promptly approve the invoice, in which event payment shall be made within thirtv
(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 Section 1 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 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.
01agree;corps ]WA9.'01'sl 5
•
7. 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, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this 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 pay rent 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.
8. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify, and save and hold harmless
CITY, its officers, officials, 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. CITY shall be reimbursed by CONSULTANT for all costs and
attorneys fees incurred by CITY in enforcing this obligation.
9. 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
01a—ree%corpsiIOf19;01 isl 6
such provisions prior to commencing performance of the work hereunder; and shall indemnify,
defend and hold harmless CITY from and against all claims, demands, payments, suit, actions,
proceedings, and judgments of every nature and description, including attorney's fees and costs
presented, brought or recovered against the CITY, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by CONSULTANT
under this Agreement.
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.
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.
10. 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.
The 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 $1,000,000 per occurrence. If coverage is provided under a
01 agree/corps/10/19/01 /sl
•
C]
form which includes a designated general aggregate limit, the aggregate limit must be no less
than 51,000,000 for this PROJECT. The 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.
11. 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 $1,000.000 per occurrence and in the aggregate.
A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of the reporting of any circumstances
or incidents that might give rise to future claims.
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.
0l auce.-corps- l0.'19'O l i sl 8
•
•
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.
12. 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; the 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
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.
13. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of the CITY.
01 agree -`corps! I0f] 9.10 Usl 9
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.
14. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein. In the event of termination, all finished and unfinished documents, exhibits,
report; and evidence shall, at the option of the CITY, become its property and shall be delivered
to it by CONSULTANT.
15. ASSIGNMENT AND SUBCONTRACTfNG
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 express
written consent of CITY.
16. 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.
17. 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
01 aggree!corps' 10/ 19'O US] 10
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
18. 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 Section 1 hereinabove) or to CITY's Director of Public Works 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:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
19. MODIFICATION
TO CONSULTANT:
Robert Von Gietzen, Director of Operations
Orange County Conservation Corps
700 North Valley Street, #B
Anaheim, CA 92801
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
20. SECTION HEADINGS
The titles, captions, section, paragraph, subject headings and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of maters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
Olaaree.'Corps-i 1;29 011`sl 11
21. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. clothing contained herein shall be construed so as
to require the commission of any act contrary to law, and wherever there is any conflict between
anv provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
22. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each of the parties hereto shall
retain an originally signed copy hereof. Each duplicate original shall be deemed an original
instrument as against any party who has signed it.
01 agree: carps 10- l 9-101!sl 12
23. 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.
24. 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.
25. 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.
01 agree%corps!10 19101-5i 13
26. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing. The foregoing sets 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.
ORANGE COUNTY CONSERVATION
CORPS, a California nonprofit corporation
By:
print name
ITS: (circle one) ChairmanPresident%Vice President
AND
By: i >�
Ra b 4 --7 -.'?
print name
ITS: (circle one) Secreta(Chief Financial Ofti /Asst
Secretary — Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Catifornia
APPROVED AS TO FORM:
✓� l z
ity IF Attorney
1�JU,
INI D A D APP9 OVED:
0 1 agree"corps A0.'19.01;s1 14
Director of Public Works
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WITNES Wf
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print name
mcle onE1 secretary/5
- Treasurer
agree/forms/profsery 10/15/01
the pa tes hereto ve caused
itho ' ed offices e day, montr
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
Director of /r'uA&- h/o
(Pursuant To HBMC §3.03.100)
APPR ED AS TO FORM:
Attorney
AND APPRO
City dministrato
(only for co tracts over S50,
FE'S 07 '02 !-I;58AM
'
AQ61�bDATE (MMOODIM AO
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Andraini & Company
ONLY AND CONFERS NO FUGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
300 Esplanade, Suite 100
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oxnard, CA 93030
r Y COMPANIES AFFORDING COVERAGE
(805) 961-9585 F! (805)981-0161
COMPANY
A PHILADELPHIA INDEMNITY INS CO
ASURED
COMPANY
ORANGE COUNTY CONSERVATION
I 8 STATE COMPENSATION INS FUND
CORPS - FAX No. 1(714-956-1944
COMPANY
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700 N. VALLEY STREET, STE. AB
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ANAHEIM CA 92801
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THIS IS TO CERTIFY THAT NE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T�4 v ER 00
T E POUC P I
ImOICAXED. NOTWTHSTANOING My AEOUIREMENT. TERM Oq CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T%iiS
CFF(rI';,CATE MAY BE ISSUED OR MAY PERTAIN. TI-E rNSuFkANCE AFFORDED Ey T-iE POUc:ES OESCsiBEO HEREIN IS SUBJECT To ALL THE TEAvs,
EXC,.;SIONS AND CONDITIONS OF SM4 POL.VES. LWITS SHOWN MAY HAVE BEEN REOuCETJ V PAID CLAIMS.
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RE: GENERAL LIABILITY COVERAGE THE CITY OF ETTSTINGTON BEACH, ITS
AGENTS OFFICERS AND EMPLOYEES ARE
ADDTIL INSURED WITH RESPECT TO THE
OPERATIONS OF THE NAMED INSURED.
*10 DAY NOTICE OF CANCEL FOR NON -PAY OF PREMIUM SHALL APPLY.
41*"A* 0,
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SHOULD ANY OF ThE ABOVE OMAIGED POtMn BE CANCELLED aEFOR'E THE
CITY OF HUNTINGTON BEACH
ETU nUnON DATE ThMeff, THE ISEWHO COMPANY WILL *X11SA4WX0( !MAIL
ATTN: JIM BELISLE F:714-374-1590
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POLICY NUMBER: PHPKC 08925
COMMERCIAL GENERAL LIABILI T Y
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE DEAD IT CAREFULLY.
ADDITIONAL INSURED- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMIERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
GTON BEACH
: 714-374-1590
P. 0. SOX 1g0
HUNTINGTON BEACH, CA 92647
(If no entry appears above, information required to complete this endorsement will be shown in the Dec!arations
as applicable to this endorsement.)
WHO IS AN INSURED(Section Ily is amended to include as an insured the person or organization shown in :he
Schedule as an insured out only with respect to liability arising out of your operations or premises owned by or
rented to you.
s-kT Ly
17
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CG 2C 26 71 65 Copyright, Insurance Services Office, Inc., 198a
SPY PROFESSIONAL SERVICE CONTRACTS
� e
PURCHASING CERTIFICATION
1. Requested by: Joan Flynn
2. Date: 2/15/02
3. Name of consultant: Orange County Conservation Corps
4. Description of work to be performed: aft4e"� -/
S. Amount of the contract: $28,822.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 50985103.69365
S. Is this contract generally described on the list of professional service contracts
approved by the City Council'? Z Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
❑ Yes, ® No ,266 4&eM C e
G C%
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule. /
rurcnasing/L;entrai services
t If the nmzwAr to Anv fhAop ni iarfinnt is "KIn " the rnntm-t will rpn jirA annrnval from tha rKv Cnt inril
JUN 17 '02 08:44AM A91h Aft P.1/1
DATF
ORD W-A vO 6L17 2 0 0 2 P",
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PRODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
& Company
300 Esplanade, Suite 100
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEAndreini
HOLDER. THIS CERTIFICATE DOES NOT AMEND, D=ND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Oxnard, CA 93030
COMPANIES AFFORDING COVERAGE
(805)981-9585 F;(805)981-0161
COMPANY
A PHILADELPHIA INDEMNITY INS CO
WSURM
COMPANY
ORANGE COUNTY CONSERVATION
B sz 1"iw-QA;9 NS rum
CORPS - FAX NO. 1(714-956-1944
c"" I %mew"I
700 N. VALLEY STREET, STE. AS
c Ito
ANAHEIM CA 92801
COWAW We --- — -
NNi .11,5.', . M. g 4— W
11H EM 'N"M WAX AM Mac
TAIB IS TO CFKnFY THAT TrArr POLICIES tr- INSAJAMUF UVED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWaWSTANDING ANY REQUIREMENT. TERM OR C0140MON 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ca
LTR
TIFE OF MMMUNCE
I
POUCY IIIJIMER II
FOLCT EFFECTIVIL IFULICY
DATE (MWODAM I
EXPIRATKM
UATZ WWMM
A I
GDWAL Lww"
PKPI(cm2s
07/20/01107/20/02
GQsPAL A00-19
X-7 OOMMERCL& GENERAL UMUTY
CLAMS MAN 1z 0cwR
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PRODUCTS - COMPW AM Is
PMONAL & ADV KUW
lima.=
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19
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I
A
kUTOMMI
Luau"
ANY AMC
07/20/01
07/20/02
COMBINED SiNGLE Lw
31,000.0w
BODILY KARY
(Pgc Demn)
ALL OW100 AUTOS
SCKED" AUTOS
I
I
BODLY Kxw
(Far Acciang
HIRED AUTOS
MON-OWNE13 AUT03
PROPSM DAMAGE
GARAGE UABLay
MjT0 ONLY - FA ACCIDENT
1$
ANY AUTO
qMER THAN AUTO QKNL
EACH AWID-ENT
4
P
AGGREGATE
3
cww LAILrrf IPHUM20=
07/20/01
07/20/02
EACH OCCUTOCE
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in am
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06/01/02
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:EL EACH ACCIDENT
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EL DISLAS6 -POLICY UM IT I 11-ron&
THE PROPRIETOR! INCL
PAMTWOUMMVJTK
OFFOCM ARE : Fjj EKM
I
EL DWASE - EA M*LaYM S-1 pMpM
DTHEA
A AUTO PHYSICAL
PHPK008925
07/20/01, 07/20/02 EDUCTIBLE t000 comp
IDAMAGE
DEDUCTIBLE 1,000 COLL
DESCRFMN Op OPERA"OK&1=AMN&%WX%jWSMIAL IMIM
RE: GENERAL LIABILITY COVERAGE THE
CITY OF HUNTINGTON BEACH, ITS
AGENTS OFFICERS AND EMPLOYEES ARE ADDTIL INSURED WITH RESPECT TO THE
OPERATIONS OF THE NAMED INSURED.
*10 DAY NOTICE OF CANCEL FOR NON -PAY
OF PREMIUM SHALL APPLY.
MONNOWNW-
NA w-MMM
M=L0 ANY OF THE AWVE OnCRIIIED FOUCn 01 CAMCMIED MOM rHV
CITY OF R=INGTON BEACH
MMTM DATE THERKD1% THE WALING ODWWX WIIA %M)MXXKMNL
ATTK% JOAN FLYNN F-.714-375-5b95
'30 DAYS WMMM KWKI TO W9 IDUMMAM M*.MM MWAM TO Ta LWr,
P. 0. BOX 190
RUN INGTON BEACH CA 92647
W-74,1M
JJ► City of Huntington Beach
P.O. Box 190 - 2000 Main Street
ti � Huntington Beach, California 92648
ti HUNTINGTON BEACH www.ci.huntington-beach.ca.us
From the desk of:
Connie Brockway, CIVIC
City Clerk
Telephone: (714) 536-5404
Fax' (714) 374-1557
RUSH1
i
i .
SUN 13 '02 09:03AM i r P.1i1
... TM • e may:
rixpAr.ae�+eae:ea.ksK+.o-'set.sw:ii.T .iG,: P:'. ': 'e' :+�$?' ,
.w. ;� ,r^..GATE (IgVCD m
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THIS CERTIFICATE 13 ISSUED AS 1AArMR OF 1NFORMAMN
Andraini & Company
300 Esplanade, Suite 100
HOLDER HVHS CONFERS
T RDOES NOT AMEND, UPON TKE CME DCATF
OR
ALTER THE COVERAGE AFFORDED SY THE POUCIES BELOW.
Oxnard, CA 93030
COMPANIES AFFORDING COVERAGE
(805) 981-9585 Pz (805) 981-0161
cZw„w
A P91LADELPHIA INDEMNITY INS CO
���
ORANGE COUNTY CONSERVATION
cpMPANr
B STATE COMPENSATION INS FIND
CORPS - FAX NO. 1(714-956-1944
�oxw„v
700 N. VALLEY STREET, STE. AB
C
ANAHE IM CA 92801
CoMPAaY
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THIS IS TO CERTIFY PiAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE TO wHICFI This
CERf1F1CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 12 SUBJEG TO ALL THE TERMS,
E,KCLUSIONS AND CONOITIONS OF SUCH FOUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIkMS-
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aR H191, iRANt`.L I PDucr N1ifBiER
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DERF.RAL i1a< U" PHPK 08M
07 / 2 0 / 01
0 7 / 2 0 / 0 2' ENs"L A*wEGATE $
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CLAP4 MADE I d OCCUR I'
PP.QDU= - COMPIUP ACG i
%'%OVAL 6 AAY DWRY `Sjam
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10 7 /2 0/ 01
0 7 /2 0/ 0 2 CONIBM s1NGLE LrMIT :1,DDD,000
1 ALL MCI) AUTOS
SCHEDULED AUTOS
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(Pat PC )
HFIED AU"
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07/20/02
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EMLOYS" LIABLITY
THE PROPRETOFV F� WCL
PARTNOMVECUTF&
OFFIMS ARE EXM
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I
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I
(% 01 / 0 3
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EL EACH ACCOEW
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OTNM
A AUTO PHYSICAL
PHP
107/20/01
07/20/ 2
EDUCTIHLE T,DDD COMP
DAMAGE
DEDUCTIBLE 1,DD0 COLL
GESCAPTiDN Cr OP61A71GN3ILOCATIONS�TAL I17=7A3
RE: GENERAL LIABILITY COVERAGE -
THE CITY OF BUNTINGTON 8 CH, ITS
AGENTS OFFICERS AND EMPLOYEES ARE ADDTIL INSURED WITH RE S CT TO TEE
OPERATIONS OF THE NAMD INSLiRED.
*10 DAY NOTICE OF CANCEL FOR NON -PAY OF PREMIUM SHALL APPLY.
.{�.'�n( :yth,��yy.. 'i'���- ff::` �.pR,,,Y; ... . ; w� .i�,r:. ' ¢. i• '�' s: '� �' ?:�y�y.�(�''jj••:,,$,{{y � wY�s K a:M' ' , �} 3: .}� A .el
4RZi�. t..r.. rrn i :f76io-t:�1Pi .: .t :t..y. bb...:Gs'• �. �:� .i 12 •�f ..... ..... ....us.a ..-ih�iWcvsf if.r •uca'i:.'v�.'w.'. ANh3L.� ..
"ULO ANY OF TME A A DES"th PCLMM BE CAMCEUM BEFORE THE
CITY OF HUNTINGTON BEACH
IMA.rLDN DATE TIIEYi P. THE t= NG COMPUIr WML EI UVOR TO NIM
ATTN : JOAN FLYNN F : 714 - 3 7 5 - 5 0 9 9
*30 DAYS WIRI"M NOMX TO THE cL7TT MATE Now RUM = TM UW t,
P . 0. BOX 190
BUT r-A1LD Tfl MILSucH HOTtcE s!I I10 ODiJGATgR OR LIA9LTT Y
HUNTINGTON BEACH CA 92647
tw ATPf TaID UPON THE. ITB TdfT$ OR AE7REgA•71TAVO&
AUTH
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