HomeMy WebLinkAboutRBF CONSULTING - 2003-11-26 (12) November 3, 2003 -Council/Agency Minutes - Page 12
(City Council) Directed the City Administrator to Make Improvements As Amended to the
City's Contracting Processes (including Professional Services Contracts under Huntington
Beach Municipal Code Section 3.03) (120.10)
The City Council considered a communication.from Councilmember Jill Hardy transmitting the
following Statement of Issue: At the October 20, 2003 City Council meeting, staff recommended
improvements to the city's'contracting processes_ 1 believe the following recommendations
represent effective solutions to recent concerns identified with the contracting process. In addition
to the recommended improvements (listed below), I propose that staff provide the City Council an
update on the contracting process as part of the FY 2004-05 budget process.
A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney,
not Departments will maintain a log of the contracts they enter into which will be transmitted
quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make
the following in1provements to the city's contracting processes within 90 days and provide a report to
the City Council regarding the contracting processes as part of the FY 2004-05 budget process:
a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit
the original agreement to the City Clerk's office; and
b. Develop an annual training program for processing all types of contracts; and
c. Develop Administrative Regulations to establish the method for processing
maintenance/service and public works contracts;and
d. Contracts will not be dated until they are effective (signed by City Attorney's office); and
e. Remove the Mayor and City Clerk signature lines from contracts when not required; and
f. Modify Purchasing Manager Certification to apply to maintenance/service and public works
contracts; and
g. Assignn-a single department contract coordinator to ensure.contract proper processing; and
h. Bps-City Attorney will maintain a log of the contracts they enter into which will be
transmitted quarterly to the City Clerk's office to ensure proper filing; and
i. Staffs professional service agreement signature authority will be capped at$100,000,
agreements over$100,000 will require City Council approval.
City Attorney Jennifer McGrath clarified for Councilmember Dave Sullivan that her office verifies
all documents are accurate, appropriately signed and approved as to form.
(13) November 3, 2003 - Council/Agency Minutes - Page 13
City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why
she believed City Clerk attestation on city contracts to be necessary stating that a majority of
cities require the City Clerk to-always attest to the signatures of city officers entering into contracts
on behalf of the city; that attestation by the City Clerk applies to.contracts approved_and entered.
into that do,hot appear on,city council agendas_and to those contracts which do appear on the city
council agenda.
The City Clerk informed Council of an email survey her office had conducted of over forty cities
wherein all but eight cities required the City Clerk to attest to all agreements even those
agreements not appearing on the council agenda. She referred to cities such as the City of Irvine,
Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers
just as the City Clerk must attest to the signature of the Mayor on contracts that go through the
city council process. She informed Council of the reasons why she believed her request to attest
to in house contracts was reasonable.
A substitute motion was made by Sullivan, second Coerper to require attestation and limit
contracts to $50,000.
City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is
not required.
City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process.
City Administrator Ray Silver reported on the Professional Services Contract process stating in
order to save staff time his offrce,.the City Attorney and Risk Management developed a standard_
professional services contract. City Administrator Silver informed Council that staff wants to
improve the system and address the legitimate concerns raised by the City Clerk.
Council voted on the above-mentioned substitute motion made by Councilmember Sullivan. The
motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green,
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
Council voted on the above-mentioned original motion. The original motion as amended by
.Councilmember Hardy that the City Attorney, not Departments will maintain a log of the
contracts they enter into which will be transmitted quarterly to the City Clerk's office to ensure
proper filing carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: Sullivan
ABSENT: None
�sq sty Contracts Submittal to
r �
City Clerks Office
i Y
To: nray, City Clerk
1. Name of Contractor: RBF Consulting
2. Purpose of Contract: For Example:Audit Services or Water Quality Jesting Huntington Luke Huntington Central Park
Preparation of Environmental documentation,for Poseideon.Desalination project
3. Amount of Contract: $43,700
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management ,PC
Initiating Dept.)m
City Treasurer ( 6 ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
'1: t .a � x lion '
Cit Attome 's Office 1
Y Y
I
i
Date: 5/5/04 i t :9€£ � ;€ i
Nz
£
d
Ilk
1141
1t.E 11 #ISM k+i Irr1.° Yf h Ilir i atirt file ?: C N t
i
g:/Attymisc/forms/city clerk contract transmittal.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
exp poN In 1'�I�- V0:AA I -rtvl,j
Table of Contents
IScope of Services.....................................................................................................1
2 City Staff Assistance................................................................................................2
3 Term; Time of Performance.....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/patents......................................................................
15 City Employees and Officials..................................................................................7
16 Notices............ ............................................................................7
17 Consent...............................................................................
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration.................................................................................................
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival................................................................................................................... 10
26 Governing Law................................................................................. ..10
27 Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HL`iNTINGTON BEACH AND
CCWsvt VM N(q
FOR
THIS AGREEMENT ("Agreement") is made and entered into this Zlo day of
NCqEtjVwF, 2003, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
G �[SVI T 1 IJ 61 Gr N j=t:,P%u 11— Cc44--7 T1
, a
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
F� 7r=4N V ti l 1 NTH i. # OC.LAH zT',OWn oN
tp�wtrl hl�n a l .+ate€=vr'; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates k' 1 'DS who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agrcci formss'rrotscry 1 Q'15r01-A 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERIM: TIME OF PERFORNIANCE
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 by,CITY (the
"Commencement Date"). This Agreement shall expire on �M 16 __ , 2,LOL , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than SIX MION4T '-s 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 CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
f0fi'd WR E I1bU15AND gneN HgNPF&D Dollars (S 43 J 100 }
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CO'_'SULTANT will
undertake such work only after receiving written authorization from CITY. Additional
agme'fomis.;profsm10!15 01.A
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
ugreeforms'Profserv10:`t5 01-A 3
approve selection of CONSC;LTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars (Si,000,000.00) per occurrence and in the aggregate.
-one:A claims-made policy shall be acceptable if the policy further provides that:
P P P }
A. The policy retroactive date coincides with or precedes the initiation ?a ylu
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of 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. 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.
agrcc.'fnrmb:prof%crvv 10115.M-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance bereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profserv10l15r01-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/ter the services to be perfonned hereunder.
12. TERiMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agredforms,'nrofsenv Iof15i01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSL:LTANT's agent (as designated in Section I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach kn-yl1j
ATTN: fixI C*_-1 P'to5 P45F CON:�K/t t-t-I N bt
2000 Main Street
Huntington Beach, CA 92648 1472-9 tt--n�
IFYI�f� } G� °I2.lol S-Zraz1
17. CONSENT
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.
agreelforms/prafscry 1011510 1-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in-writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agreelfonns:`profsery 10 15;01.A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shalt be responsible for full compliance with the
immigration and naturalization lawns of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms aiid/or provisions of this Agreement or to secure the performance hereof,
agre6formsiprofscrv1011S 01-A 9
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.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. 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.
agrer/forms/profsery 1 011 5/0 1-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
` CITY OF HUNTINGTON BEACH,
F; F I f•t a municipal corporation of the State of California
Dir for of h(I K _
By. (Pursuant To HBMC§3.03.100)
_ GL—&ri br
print name
ITS: (circle one)Chairman!Preside 'Vice President APPROVED AS TO FORM:
c
AND
City Attorney
By: :7A4---V1
�ou 5 f vst REVIEWED AND APPROVED:
print nam=Financiial
ITS: (circle one)Secretaryir/Asst.
Sacretary—Treasurer
City Administrator
(only for contracts$50,000.00 and aver)
agreelfomistprofsery 10!15101-A I I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
S
State of California
4� ss.
�ra
County of �
n
On KNeY1'I YY 2 0003 before me, �(�httctisln�e4dsJ �C ti1� h b�b��C�
Dale Name and Title of Officer;e-g-.'Jane Doe Notary Public';
personally appeared La16Z
Name(s)of Signer(s)
i SKpersonally known to me
D proved to me on the basis of satisfactory
evidence
- IELDS to be the person(&) whose names} Is
_ C • :ls Public
1270348 subscribed to the within instrument and
ut�,ry f'Ubllc-Gatifomia _
range County acknowledged to me that�y executed
I� myC- •,.Frnims Jul 10,2004 the same in eir authorized ;
capacity(+e&), and that by is mml te4
signature(%)on the instrument the person(&), or
the entity upon behalf of which the person*
ANITASHIELDS acted, executed the instrument.
_ Commission#127OW
I Notary Public-Caltfomia
Orange County WITNESS my hand and official seal.
My COMM.EVftW Jul 10,2004
Ls✓t
Place Notary Seal Aoove S•gnat.lre of Notary Pubic
OPTIONAL
5 Though the information below is not required by taw. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
l�
Description of Attached Document
Title or Type of Document: 1 ok6t ,iiji (, yyl Lm CcOwt � Uy%61)GP oyLc[
�5 }21i�� CCyK�t�4•'iVll� h
Document Date: NCy2'YAter 2u l wo:3 Number of Pages:
I�
Signer(s) Other Than Named Above: 211 ul ' ht lD 13caCAI
Capacity(ies) Claimed by Signer
Signer's Name: &JUI I LLkjtOQ,
C Individual o
, Tcp of;humo:1ere
:,fCorporate Officer—Title(s): vice ('�es(Glevtfi`
Partner—E: Limited = General
Attorney in Fact
El Trustee
El Guardian or Conservator I '
Other:
Signer Is Representing: RFF Ceti"SWIG YL!4 r
I
®1989 Nate^a hoary Aasx a:cn•y?50 ve So[o Atie PO Bcx^e402-Cl-atanc�h CA 91313-2402-anw na1 o9alnotary.c•g -md No 5907 Feeder.Call Tc-Free'-aoo-076-6027
.CALIFORNIA ALL•PURPS ACKNOWLEDGMENT No.5907
State of _. Caffornia
County of _ Orange
On December 8, 2003 before me, Jayne L. Tubb, Notary Public
DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC"
personally appeared _ Douglas J. Frost
,�,/ NAM.E(S OF SIGNER(SI
�Zsl personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
DYNE L. 29 119� y upon 1
twonnrnlsslan#129 or the entity on behalf of which the
Notary Public-CaRW person(s) acted, executed the instrument.
Orange County
low Comm.60h-s Jon 19.=
WITNESS my hand and official seal.
S3GNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER Professional Services Agreement
Executive VP & CFO T
TITLE(S) Beach
❑ PARTNER(S) Ci LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: December 8, 2003
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
- SIGNER(S)OTHER THAN NAMED ABOVE
RBF Consultintc
01993 NATIONAL!VOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
rT- 7 •
FBF
CONSULTING
ADDITIONAL WORK REQUEST SUMMARY
Client: City of Huntington Beach JN 10-101409.001
Work Requested By: City of Huntington Beach November 18,2003
Project: Poseidon Seawater Desalination Project
Summary of Additional Work: Our original work effort was based upon the preparation of the Environmental Impact Report
(EIR) per the contract for this project dated March 19, 2001. RBF proposes this Additional Work Request to cover costs
resulting from services performed outside of the original scope of work. These additional work tasks are described below:
Tasks 1, 2, and 3 are for costs incurred due to additional Planning Commission Public Hearings held on July
8, July 22, and August 12, 2003 (RBF was originally scoped for a total of two (2) Planning Commission
hearings).
•:• Task 4 is for costs incurred due to an additional City Council Public Hearing to be held on December 15, 2003
(RBF was originally scoped for one(1)City Council hearing).
Task 5 is for additional research, preparation, and coordination of six (6) separate supplemental staff
responses for 1) May 27, 2003 Planning Commission Public Hearing Staff Report; 2) June 3, 2003 Planning
Commission Public Hearing Staff Report; 3)July 8,2003 Planning Commission Public Hearing Staff Report;4)
August 12,2003 Planning Commission Public Hearing Staff Report; 5)November 17,2003 City Council Public
Hearing CEC Response; and 6) December 15,2003 City Council Public Hearing Staff Response.
•:• Task 6 is for MBC Applied Environmental Sciences' participation in a total of five (5) Planning Commission
Public Hearings and two (2) City Council Public Hearings. This item also includes research and responses
provided by MBC in support of numerous supplemental staff responses as described within Task 4.
Task 7 was requested by the City for Dr. Stanley Grant to perform an independent, third-party review of the
Jenkins salinity dilution model and relationship between the OCSD discharge plume and AES intake. This
task also takes into consideration Dr. Grant's attendance at the August 12, 2003 Planning Commission
hearing.
Task 8 is for miscellaneous tasks including additional project coordination, conference calls, and contract
administration required to execute the tasks noted above.
The breakdown of estimated costs are as follows:
TASK DESCRIPTION BUDGET
1 ; Attendance by RBF at July 8,2003 Planning Commission Public Hearing(K.Thomas and A.Ashimine) $2,500
2 1 Attendance by RBF(A.Ashimine only)at July 22,2003 Planning Commission Public Hearing for CUPICDP $1,000
3 Attendance by RBF (K. Thomas only)at August 12, 2003 Planning Commission Public Hearing for CUP/CDP 51,500
? and Reconsideration of EIR
4 Attendance by RBF(K.Thomas only)at Second City Council Public Hearing on December 15,2003 $1.500
5 Additional RBF Research, Investigation, and Coordination of Six Separate Supplemental Staff Responses $12,300
(excludes potential future staff responses for additional public hearings)
MBC: - Attendance at Five(5)Planning Commission Public Hearings
6 - Attendance at Two(2)City Council Public Hearings $8,814
- Provision of Research/Responses in Support of Supplemental Staff Responses Described in Task
4,Above(excludes potential future staff responses for additional public hearings)
Dr.Stanley Grant: - Third Party Independent Technical Review of Jenkins Salinity Dilution Modeling and
7 Analysis of Relationship Between OCSD Plume/AES Intake $8,100,
Attendance by Dr. Grant at Upcoming August 12, 2003 Planning Commission Public
Hearing
8 Additional RBF Staff Time for Coordination,Conference Calls,and Contract Administration $4,000
TOTAL $39,714'
This fee is on a time and materials basis.
2 FINAL EIR COPIES: RBF was scoped to provide a total of 40 copier,of the Final EIR(including Responses to Comments and Appendices)to the City. in
P P P ( 9 P pP ) ty�
order to minimize report reproduction costs due to the large volume and color copies,RBF suggests that we provide either a single reproducible and limited
numbers of file copies,or copies of the Final EIR on CD in Adobe Acrobat PDF format(text,exhibits,and appendices).
PLANNING 0 DESIGN 13 CONI3TRUCTION
14725 A,tor.Pa'kw-ay, Irvire.CA 92618-2027 ■ P,0_Box 57057.Irvine,CA 92619-7057 ■ 949.472.3505 ■ Fax 949.472.8373
Offices located througnou;California.A670na&Nevada ■ v.N,rov.RB�:com
pm�ea z:�rcie�oax-
Poseidon Seawater Desalination sect Additional Work Request
Clty►of Huntington Beach . Page 2
TASK OPTIONAL TASKS BUDGET
0-1 Attendance by RBF (K.Thomas only)at More Than One City Council Public Hearing $1,500lmtg.
0-2 Attendance by MBC at Any Additional City Council Public Hearing $1,0001mtg.
0-3 Attendance by Dr. Stanley Grant at Any City Council Public Hearing $1,2001mtg.
0.4 Assistance by RBF, MBC, or Dr.Grant With Additional Public Hearing Staff Responses TBD
We appreciate the opportunity to participate in this important project. Please call me at (949) 855-3659 should you have any
questions or comments regarding this proposed Contract a gment.
Prepared By:
-of' Kev' omas,Vice Phesident, vironmental Services
Authorized By:
(Client) (Date)
■
GGNOLILTING
PLANNING E DESIGN 0 CON13TRUCTION
EXHIBIT "B"
Payment Schedule (Alternative#I)
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth
herein in accordance with the following progress and payment schedules.
3. 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.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
jmpleonne"s group;exB-11123;04 I
EXI-IIBIT B
Alternative#1
Clie : 6255 mik RBFCONSUL
ACOR , CERTI ATE OF LIABILITY IN RANCE 12l02/0°""'
N.
. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton &Assoclates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 7 0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Santa Ana, CA 9 27 1 1-0 550 +
714 427-6810 i INSURERS AFFORDING COVERAGE
INSURED i INSURER A• Travelers Indemnity Co. of Illinois
RBF Consulting INSURER e: Hartford Fire Ins. Co.
PO Box 57057 :INSURER c: Fireman's Fund Insurance Co.
Irvine, CA 92619-7057 INsuRERD.. Underwriters at Lloyd's London
INSURER E: .
COVERAQES
HE POLICIES OF 1NSURANC= LISTED BELOW HAVE BE=N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONOMON OF ANY CONTRACT OR OTHER DOCUMENT. WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POLICY NUMBER •POLICY
MMMDNYE 'POATE EXPIRATION LIMITS
LTA
A I�"G,E''NERAL LIABILITY P63050OD409203 11130103 11/30/04 I EACH OCCURRENCE .$1 000 000
I CG_MMERCWL GENERAL LIABILITY I FIRE DAMAGE(Any one fire) S1,OD0,000
Hi —CONTRACTUAL CLAIMS MADE X.OCCUR INDP. CONTRACTORS MED EXP(Any one person) ,S$000
_ INCLUDED. PERSONAL&ADV INJURY i$1 000 000
IVIBPPD,XCU,OCP I GENERAL AGGREGATE s2,000,000
t'L AGGREGATE LIMITAPPLIES PER:' PRODUCTS -COMPIOP AGG I s2 DOD 000
i .1 POLICY rX I PROJECT- X e OC
B ; AuromOBILE LIABILITY 57UENTL0126 11130/03 11/30/04 .COMBINED SINGLE LIMIT
(Ea accident) 51,000,000
I� ANY AUTO
ALL OWNED AUTOS BODILY INJURY '
SCHEDULED AUTOS - (Per person) I$
X HIRED AUTOS i X BODILY INJURY $
(Peracciders)I NON-OWNED AUTOS
IH�I I PROPERTY DAMAGE $
I I (Peraccidern)
GARAGE LIABILITY I i �AUTO ONLY-EA ACCIDENT �S
ANY AUTO I {JTH=R THAN EA ACC S
AUTO ONLY: AGG i S
C �EXCZtSLIABILITY_ XSMD0097333165 111130103 11/30/04 'EACH OCCURRENCE s10 000 000
OCCUR I�CLAIMS MADE AGGREGATE :51 O DOO DDO
PROFESSIONAL ' S
'T^ DEDUCTIBLE LIABILITY IS !S
�I RETENT10N S EXCLUDED. S
WORKERS COMPENSA71ON AND j
wcs;ATU- OTH-
EMPLOYERS'LIABILITY I
I E.L.EACH ACCIDENT I S
E.LDISEASE-EAEMP'LOYEE S
El-DISEASE•POLICY LIMIT'S
D ;OTHER Professional P1039400 111130103 i 11130104 $1,000,000 Per Claim
lability $2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONSILOCATIONSiVI:HICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL C TO
FORM
General Liability policy excludes claims arising out of the performance
I c &ATH,City AttOrTyoy
services.
Re: All Operations as performed by Named Insured. (fiy PaL>I�D'Alaysandr6`y drw/ /i 2~�� .D
(See Attached Descriptions) Assistant City Att= y /
CERTIFICATE HOLDER AD DMONAL INSURED:INSURER LETTER: CANCELLATION
Ton Day Notice for Non-Payment of Premium—
SH OUL.O ANY OFTH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL X)( =MAIL30 _DAYS WRITTEN
Attn: Mr. Bankey, Planning Dept. NOTICE TOTHE CERTIFICATE H OLD ER NAM ED TO TH E LEPT.BX7&qUUVjMA"2j[K$V=
2000 Main Street » �a�rxn�xx>rorexo[xxao[zxerrAeer,ail(aacx�cotet
Huntington Beach, CA 92648 x
AUTHORIZED REPRESENTArVE
ACORD 25-S(7197)1 of 2 #M81822 LL o ACORD CORPORATION 1988
ESCRIPTIONS (Continued AD Page 1)
City of Huntington Beach,its agents, officers, and employees are
Additional Insured as respects to General Liability. Primary and Non
Contributing coverage applies to GL.
(AIIPPJX)
AM5 M3(07/97)2 of 2 #M81822
POLICY NUMBER: P63050OD409203 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach
Att:n: Mr. Bar-key, Punning Dept .
2000 Main Street
Huntington Beach, CA 92648
(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 11)is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work" for that insured by or for you.
Schedule Cortirued: its agents, officers, and employees
PRIMARY INSURANCE:
1T IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
CG20101185
S ID ACORD. CERTIFICATE OF LIABILITY INSURANCE OP I DAT'E[MhVD01YY`(Y)
RBOPID 46 34/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
United Captive Ins. Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
17151 Newhope St. , Ste 211 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fountain Valley CA 92708
Phone: 714-708-4370 Fax:714-708-2300 INSURERS AFFORDING COVERAGE NAIC9
INSURED i INSURER A: U.S. Fidelity and Guaranty Co.
!NSURER 8: -
RBF Consultincr INSURERC:
14725 Alton P&rkway INSURERD.
Irvine CA 92718
INSURER E: [
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO'JCY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INbKykVU'N POLICY EFFECTIVE [POLICY EXPIRATION
I
LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE IMMIDDfM LIMITS
GENERAL LIABILITY EACH OCCURRENCE S
i
COMMERC:AL GENERAL_LIABILITY PREMISES(Se occumnce) S
CLAIMS MAO, E] OCCUR, I MED EXP(Any one person) $
MERSONAL d ADV!NJJRY S
i
i GENERALAGGREGATE S
GEM AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP A I S
1 PRO-
POLICY PRO-JECT -� LOC I
AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT 'I S
ANY AUTO i (Ea accident) i
ALL OWNED AUTOS ,
. BODILY INJURY
,SCHECULED AUTOS (ParpenWn)
i
-HIRED AUTOS
- _ BODILY INJURY S
NON-OWNED AUTOS {Per amdent)
PROPERTY DAMAGE S
I T I I(Per accident)
GARAGE LIABILITY. i AUTO ONLY-EA ACCIDENT S
ANY AUTO ,OTHER T.-iAN EA ACC S
i P AUTO ONLY: AGG I S
E XCESSIUMBRELLA UABILrrY I EACH OCCURRENCE is
OCCUR CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE I S
^^ RETENTION S I S
i WORKERS COMPENSATION AND X TLIM ITS I ER
A EMPLOYER ANY PROPRIETOR7ETORFUTYARTNERIE%ECUTIVt: D123W00054 07/01/03 07/01/04 =_L.-EACORYHACCIDENT _ ' $1000000 j
—
OFFICERMEMBcREXCLUDED7 ' E.L.DISEASE-FA EMPLOYEE $1000000
If yea,deevibe under ,
SPECIAL PROVISIONS below i i i E.L.DISEASE•POLI7'LIMIT S 100000 O
OTHER
i S I
DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PRO
*10 days notice of cancellation for non-payment of premi, lENNIFER MoGBATH,C'ty"AtbO`ngy
(
4'y
tan City AttmTAY i
CERTIFICATE HOLDER CANCELLATION
CITY-H-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL 4XWUM=MAIL *30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE
Mark Barrie
ACORD 25(2001/08) Q ACORD CORPORATION 1988
Ask An
su:" vry INSURANCE AND INDEMNIFICATION WAIVER
ALIEMP:; a MODIFICATION REQUEST
1. Requested by: RBF Consulting DEC
2. Date: November 6, 2003 v
3. Name of contractorlpermittee: RBF Consulting
4. Description of work to be performed: Additional Work on Poseidon Desalination Plant
Environmental Impact Report (EIR)
5. Value and length of contract: $43,100 (Ocl- I►-}, zcn3 — App-1 - P- j7zo`4)
6. Waiver/modification request: Allow a deductible for professional liability insurance
7. Reason for request and why it should be granted: Prior contract for the EIR did not have
such a requirement and a new contract is needed to complete„the project.
8. Identify the risks to the City in approving this waiver/modification:
1l U lC3
artment Hea Signature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
J/1'Approved ❑ Denied
Signature bate
2. C'ty Attorney's Office
Approved ❑ Denied
W-7-- - Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
Inei iranra 9 Inriamnifrrnfinn Wniwar 4 4 IR17r1P1I A-I R PM
Su" PROFESSIONAL SERVICE CONTRACTS
',,;, & x PURCHASING CERTIFICATION
1. Requested by: Ricky Ramos sXr- ffuv+ REC-EWEDFEB 0 4 2004
2. Date: January 20, 2004
3. Name o�consultant: RBF Consulting
4. Description of work to be performed: Environmental documentation for Poseidon
seawater desalination plant.
5. Amount of the contract: $43,700.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10060201.69365
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ❑ 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
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number). 0?44A 4At- Ram' #er- VQ R WAS
U Nfaf 4F- h-&- i>'1-of-Orl G �.►yr,�, i o, ,2vo I_ -GIs [S ! p V t l^
12. Attach proposed scope of work. .Ar4P-n C, yvl",
13. Attach proposed payment schedule. °�� 5 ' '•
,kfe;tz-- �122,Wgz—,
(;I ARD AMADRIL,� Ma a e o h�—C cs loamy g g
S.c.� Purchasing/Central(Central Services
M Cr 7. 8 so, f o0 .
' If the answer to any these questions is "No," the contract will require approval from the City Council.
PurchCert 1:120/2004 10:39 Ali
• _ �,'4- :�-� ._ .. �/ - fit.; .,. - •-
,� P R 0 P 0 S A L;
••-'E'N V I 'OW M'E" ,, TA;L "i !II! PA CT R E P.O R�'
• � � =for. ,,:R�--� - -• :.�.s�:.• . �'• •:
=Poseidor�_:Resourd s` Cor ora f i 041
Seawa,�r D _
esala#ion Plante .
K-� ✓may_"-� ~' .. "� � -_ :i` � �1�_ �^� �f ,r \, •
'S -21•. '��• •1 .L"ft.tip:.[. �f
•� 111 � . [ -1 '- ` fig _."'' � _ 't.
1.•
CITY 0 I' ll UN'I'IN(��[I'ON-B ACII � `•' r'.
{ Suhlll{ISClj Isy:
,January 24,2001 `-�4 <<'•`::. - r. - ' f
' � t_-• _ •.`t•_' _ -'fhb ,. f jI' '
! * � i.•"_ram'!• ! � si.,, � .. ,L.�,���_iC' L..��'„�' t�_ .�
y
•
CV
♦+ { L'1
1Tl C T. _ •
�,. o aCL
5'3'e E ar
0 0
m F s
Q O D
ID m ar gJ�J}r! s {•G tY �, s.
�i3'�3 �l+fa^•y '.f gyp. ' Y
463
7 `'4
F
C C o `
IXAo m i
fll C C of"wa���r
{'4i4 rtk
o
v o r
§ shy
•
C `
y�,x o��< {S ••
CLil'i •t Y✓�� e f r' S'1 •
VEND
VZ
�4a ski is n �if{ i •
� � � �� � �� `� � ate" ■�" ire'• r..�� ram" r.r�. Y�: �'', rr�; r�i �'.
i
0 0 a 0 ww � mz -j0 0
w m N w Q N
Q �' zaN � � Qz �
0 IL 0 W p x V w w aV N
p O Q EL F- Z = �" o v a Q
U J = Z O Ld
z
Wa LL w U)
Epps o
i
0 z EL
IL
W F D cn
� 3 r
z
O
W
in
4.7
a+rI
�`-
M1:�o- r",rr n' a:�� 1 e rj��Sy� •y` 't7: r lf5 r�, sty Y r, .r t�s dr Y kC/.t/F { Y$
�.;�.ft'r„•� dr'ji�rQ f��wa*�„�''Ik�� '��,e r^ r, � r�{�1�}��,�����. f; '�.nJ �-+' :,i15��' i ,!3 ,ra'k "z# C '�"f r
;F.�p4 !irw'..ad. ;S vr,^'4 r r�q' :. M ��3i e 5 d tau'rr n, :.•9 k t,. � t ? � 7'�faa :r,S,�
•n,1.�1 }r� ;.•,' t�;,�•,�4tsr ��;+4 }+ h a.:t,a'�.��,yt�fd'r t,.� .e,=' v, 4 °lP.,,',:,i !r�:' �:'�r � r;,tt elk, �+n�a r .£'�'.`i �. r V fi-4" t
'�.' 'aaj� r��! 3 4#fir, iji' r !,azrf:,q� .^'��:• ,7J e ki"t���C' t'1• t j4G 4•,�f:FRk�, 7 �+, :s.,.s$S ,r•�xrl'�1��� •1;1 tr�r�
TY'f�, �x y "'� ti+,
.pea' r•r' l�,f,�s�Sup'4 ..nS�.i'1' t $X';{!.;y '_"� ••r,•';e � E. 'K„�¢ 4 .k ,r„d. � ¢ny' � �o,.,.' ti k r F�t"�y 2y i„;b,a '� {r•'�.t
iw q,.•1'.5i ';,ta-,M.._ .,)' �"? •, F', 'ar.' � '.y?�`�„�';t`h:a,.. �'„ 1§ •�aI''�' u ,r a � r r, a n
y''w#. Y,„'�„-�w�j'• kft'' ie 1r:S r'iW4 > ;° s''�,U�E.+ ', x.' # s'•�; {t t, 5x't E�a�a �'x .kt .n'�'+,•.,p ;�a sae x rr„¢. aa3tr7
,'�7 Q}'�i(, h !�� �n+'� ,r�! ,w ,F,S,vW. '3' .e,^iin fu7,• r x's, i�.',f �� '�4' ';7 `k,•1 r� # ..?� i �i 'a n'u�!
�y�,• 4x,� u:r y � .p„ �. ,d r r �,�/x� ,'a' n 3 �' s� F %x t4'� , a� � a�;,r��'��•, k 3'a .p
*,' �q+"5s".N •�% ;jN�rt 7,+:f
'•,�` T i, 'vY #Ss`.a !at; 're,a r« �jJ"° �'f L'• •••„` J S v eEVf r *9 ?a,,,,fy;;'+s aiat�"�{�},sr -'tqr .A A r'po`:... y�',,� `,.
rkyr
,v�`a r Y•d'j i �n5'; rk +'T,a :a "� �q,'�• L @ t °ig'a
Ry,i t. j,1 .,'�,?�' �.'• >',ref:z rr:� �'��s�?�nz F Yr�l, �, rr' 'sT�t �� ?s ����• �y �` e'�+�R x°�� h''�s ` A='Si + �
�,'Mi5.:6• 3h ,Hy' ;�^• M d5J,�/• £� , k9Fsi1.; a,e pe '�.', Yr `#j'
W r 4 Y a
OWN
4 ylr h •Y r gt k� � ��, '1�.,. Y �1 •p^ i,� �jr�� �, 'A
+ aryp' '�a', t 1'�•i 'i��'�•` 4F7S8�;t�e�*: �`r d�;a, Sniff' qy'�j•W E�� N F "'�'�",:+,�� ff'';%n 1 1 i,'��F x�� i �,y;"'!'�`,Ay
•;s��,� !4, .}'4= vIF "��� t. .p�, ���� .• �•t� �`��'•{^' iN :�1 sea.,• ��ycaA` � 4,�i�
Asx 'w•r �y °$ *`,: '•.i ';X•L �tr •r ',R �r ap! y s 'w 1.yy��.. a a "'-`, rru---o-, q�
'.�,�� 't2'S^� 9 �` '; .+ �.a 1 'k d•.r�'1•� �, 4 a `[ �1',M1 y��, �,
r' dGP ! ,r a,q s �£• pd 'yg } ,IMZ'yl,_ i
k� R JA a �' � 5n�}"�4r�, ` '1�`t�yy"' j � r � u' ��•' .S
R � 7' #�FJ �. 14 k LeS, 1Y�ga�Y :{��• i14J � y T4 r� � �'7'�yr,v� � �`"'A
r 1 7.. 4 Y J 4 �'�v if'JA � S�•'to Y,
, '• jr, �,z�}�rF' s 1i •�.bn:`�s• e ,�°,• R r Mr <
(12) November 3, 2003 - Council/Agency Minutes - Page 12
(City Council) Directed the City Administrator to Make Improvements As Amended to the
City's Contracting Processes (including Professional Services Contracts under Huntington
Beach Municipal Code Section 3.03) (120.10)
The City Council considered a communication from Councilmember Jill Hardy transmitting the
following Statement of Issue: At the October 20;2003 City Council meeting, staff recommended
improvements to the city's contracting processes. I believe the following recommendations
represent effective solutions to recent concerns identified with the contracting process. In addition
to the recommended improvements (listed below), I propose that staff provide the City Council an
update on the contracting process as part of the FY 2004-05 budget process.
A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney,
not Departments will maintain a log of the contracts they enter into which will be transmitted
quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make
the following improvements to the city's contracting processes within 90 days and provide a report to
the City Council regarding the contracting processes as part of the FY 2004-05 budget process:
a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit
the original agreement to the City Clerk's office; and
b. Develop an annual training program for processing all types of contracts; and
C. Develop Administrative Regulations to establish the method for processing
maintenance/service and public works contracts; and
d. Contracts will not be dated until they are effective (signed by City Attorney's office); and
e. Remove the Mayor and City Clerk signature lines from contracts when not required; and
f. Modify Purchasing Manager Certification to apply to maintenance/service and public works
contracts; and
g. Assign a single department contract coordinator to ensure contract proper processing; and
h. DepaFtFnents-City Attorneywill maintain a log of the contracts they enter into which will be
transmitted quarterly to the City Clerk's office to ensure proper filing; and
i. Staffs professional service agreement signature authority will be capped at $100,000,
agreements over$100,000 will require City Council approval.
City Attorney Jennifer McGrath clarified for Councilmember Dave Sullivan that her office verifies
all documents are accurate, appropriately signed and approved as to form.
(13) • November 3, 2003 -Council/Agency Minutes - Page 13
City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why
she believed City Clerk attestation on city contracts to be necessary stating that a majority of
cities require the City Clerk to always attest to the signatures of city officers entering into contracts
on behalf of the city; that attestation by the City Clerk applies to contracts approved and entered
.into that do not appear on.city'council agendas and to those contracts which do appear on the city
council agenda.
The City Clerk informed Council of an email survey her office had conducted of over forty cities
wherein all but eight cities required the City Clerk to attest to all agreements even those
agreements not appearing on the council agenda. She referred to cities such as the City of Irvine,
Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers
just as the City Clerk must attest to the signature of the Mayor on contracts that go through the
city council process. She informed Council of the reasons why she believed her request to attest
to in house contracts was reasonable.
A substitute motion was made by Sullivan, second Coerper to require attestation and limit
contracts to $50,000.
City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is
not required.
City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process.
City Administrator Ray Silver reported on'.the Professional Services Contract process'stating in'
order to save staff time his office, the. City Attorney and Risk Management developed a standard:.
professional services contract. City Administrator Silver informed Council that staff wants to
improve the system and address the legitimate concerns raised by the City Clerk.
Council voted on the above-mentioned substitute motion made by Councilmember Sullivan. The
motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green,
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
Council voted on the above-mentioned original motion. The original motion as amended by
Councilmember Hardy that the City Attorney, not Departments will maintain a log of the
contracts they enter into which will.be transmitted quarterly to the City Clerk's office to ensure
proper filing carried by the.following roll.call vote:.-
AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: Sullivan
ABSENT: None