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HomeMy WebLinkAboutSANLI PASTORE & HILL, INC - 2000-09-18 (3) (5) June 18, 2001 - CouncillAWcy Minutes- Page 5 City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code§54957.1(a) (3) (B))— Pending Litigation Re: Tierrasanta v. City of Huntington Beach, Orange County Superior Court Case No. 77 59 93 (120.80) Assistant City Attorney Scott Field reported out that on Monday, June 18, 2001, the City Council convened in closed session to discuss pending litigation in the matter of Tierrasanta v. City of Huntington Beach, Orange County Superior Court Case No. 77 59 93. The City Council voted not to proceed with review of the matter of retrial. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer NOES: None ABSENT: Dettloff City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) Pending Litigation Re: Tort Claim 2000-78 Amended and 2000-88 Sanli, Pastore & Hill. (120.80) Assistant City Attorney Scott Field reported out that on Monday, June 18, 2001, the City Council convened in closed session to discuss pending litigation in the matter of Tort Claim 2000-78 Amended and 2000-88 Sanli, Pastore & Hill_ The City Council voted to settle for$82,000. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer NOES: None ABSENT: Dettloff City Council— Redevelopment Agency Roll Call Present- Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer Absent: Dettloff • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: Connie Brockway, City Clerk FROM: Scott Field, Assistant City Attorney �l� DATE: June 21, 2001 SUBJECT: Settlement Agreement between Sanli, Pastore & Hill and Redevelopment Agency, as announced following the closed session of the Council at its June 18, 2001 meeting At the June 18, 2001 meeting, the City Council authorized in closed session execution of a settlement agreement between the City and Sanli, Pastore & Hill. Enclosed please find the settlement agreement signed by Sanli, Pastore & Hill and its attorney, as well as the City Attorney and Agency Counsel. Please arrange for Mr. Silver to sign the same and your office to attest to it. .After it is fully executed, please return a copy as soon as possible to complete the settlement. Please note that Mr. Silver needs to initial the box on page l of the agreement. Attachment c: David Biggs, Director of Economic Development Karen Foster, Risk Manager Joan Giguere, Law Office Manager SF-2001 Memos Clerk-Sank Agrccrmnl I�ENDIG 660 Newport Center Drive Suite 570 Newport Beach, California 92660 ALPERT Phone (949) 440-7000 Fax (949) 440-7006 -Mail: KALawyer@Mindspring.com ATTORNEYS A7 LAW t::-Y� . �l�t7n June 14, 2001 Yia_ll.�Mail Scott Field, Esq. Assistant City Attorney P.O. Box 190 2000 Main Street Huntington Beach, CA. 92648 Re: Sanli Paste &-Hill. Inc. v. City of Huntington-Beach Dear Mr. Field, Please find enclosed the most recent version of the settlement agreement executed by me and my clients. We include only one original of the agreement, which you may keep in your files. Please forward us a copy of the fully executed agreement. Please feet free to call me should you have any questions. Sincerely, Ke (pert ndit Mark Alpert cc: clients (without enclosure) PAGE 02/05 - � 66/14/2001 17:07 944" 006 ICENDIG & A-Q46 GENFRAL AND MU'I•UAL RELEASE OF EXISTING CLAfMS Sartli,Pastore&Hill, Inc.,hereinafter referred to as "Consultants," and the City of Huntington Beach,the Redevelopment Agency of the City of Huntington Beach and their officers,employees,consultants,agents and attorneys(hereinafter collectively referred to as "Agency"), in consideration of the promises made herein, agree as follows.- 1. Consultants and the Redevelopment Agency entered into a contract, entitled "Professional Services Contract Between the R2deveioprnent Agency of the City of Huntington Beach,and Sanli,Pastore& Hill, Inc. for Business Valuation and Goodwill Loss Valuation," dated May 23,2000. .Pucsuant to said Contract, the Redevelopment Agency received invoices for the period of Dec_,tuber 29, 2000 through January 29- 2001 in the arno=t of S5 7,695.24 and for the period of January 30, 2001 through Feboaary 16, 2001 in the amount of S41,980 57, The Redevelopment Agency has not paid these invoices. Subsequently, Consultants filed Tort Claims against the City and the Redevelopment Agency of the City on or about April 30,2001 and May 8, 2001. 2. In Consideration of the Redevelopment Agency paying Consultants Eighty-Two a Thousand Dollars (S82,000.00),Consultants and Agency hereby release and discharge one and each other,the Consultants'shareholders,officers, agents,heirs, executors, administrators, a5signs, and Agencys successors and all other persons and associations, known or ui tougi, from all claims. and causes of action by reason of any injuries and datrtages which have been sustained,or may be sustained, resulting from or related to the above-described Invoices, Contract and Tort Claims, including but not limited to any claims for defamation, or interference with lousiness relationships. The Redevelopment Agency shall pay said amount no later than ten (10) business days following its receipt of this fully executed Release. 3. Consultants and Agency acknowledge and agree that this Release applies to all claims that Consultants and Agency tmv have against each other arising out of the above- described occurrence for injuries, damages, or losses to Consultants' and Agency's persons and property,real or personal.whether those injuries,damages. or losses are known or utaknoou-n, foreseen or unforeseen, yr patent or latent. 4. Consultants and Agency certify that they have read Section 1542 of the Civil Code set out below, and indicate that fact by signing their initials here- Affor Consultants for Agency A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him must have materially affected his settlement with the debtor. >i S. Consultants and Agemey Hereby waive application of Section 1542 of the Crvil Code. I SF-ZWI Agrm MUlus Ack2U 0fC[_qiRo yr1401 d ei 0b5t GL bLL KDU39 ,NOiSNIihCH 30 Ails SB L? YOEG-b?-llfl� F J - PAGE 03/e5 - Qrrr 96/1412001 17:07 949 6 K�NDIG & AL_ �I 6. CansUltaats and Agency understand and acknowledge that the significance and consequence of this waiver of Section 1542 of the Civil Code is that even if Consultants and Agency should eventually suffer additional damages arising out of the above-described occurrence, they will not be permitted to make any claim for those damages Futihcm, ore, Consultants and Agency acknowledge that they intend these consequences even as to any claim for injuries and damages that may exist as of the date of this Rclease but which Consultants and Agency do not know Exist, and which, if[mown,would materially affect Consultants'and Agency's decision to execute this Release,regardless of whether Consultants' and Agency's la(.k of knowledge is the result of ignorance, oversight,error, negligence, or any other cause. 7. Consultants and Agency warrant and represent that in executing this release, they have relied on legal advice from the attorney of their choice; that the terms of this release and its consequences have been completely read and explained to Consultants and Agency by their respective anorney, and that Consultants and Agency fully understand the terms of this Release" U ' 8. Consultants and Agency acknowledge and represent that they have been apprised of all relevant information and data furbished by their attorney, and all others involved in this claim and all other information relative to their claim and their release, includtng, without limitation future risks, eornplicatiotls, and costs. Consultants and Agency further acknowledge and represent that, in executing this release,they have trut relied on any inducements, promises, or representations mode by Consultants or Agency. 9. Consultants and Agency acknowledge and warrant that their cxccutioln of this ' Release is free and voluntary. 10. This Release pertains to a disputed claim and does not constitute any admission of liability by Consultants or Agency for the above-described occurrence. READ THE ABOVE CAREFULLY BY-FORE SIGNING SANLI, PASTCIRE & HILL, INC- G It p By- -�� ��. _ � �.—_ - evin doll I t orl te hairtn VI of the var r Any Viec President AND By- Date Thomas Pastore Its(circle one)SecretaryiMsistant Secretary/Chief Fiaaneiai Officer/Assistant Treasurer 2 3F-2001 Agree:MUTPal Releaic of Ctw—u W Mi01 t0'd 06Si 41.E bTL H:)U3R N01.0-NI!NrIH �0 A-Lin � L� i00t-Vt--YII 06I14/2081 17:67 94944 6 KENDIG $ ALP PAGE 94/05 CITY OF HUNTrN,GTON'BEACH: & as Date Ray slyer City Administrator APPROVED AS TO FORM: ATTEST: —all Gail Hunan Cowie Brockway City Attorney �1I°' %City Clerk ANrD ,J REDEVELOPMENT AGENCY OF THE CITY OF MJN9'LNGT0T` BEACH: a Date Ra Silti ex Executive Director APPROVED AS TO FORM: ATTEST- Gail Hutton a� Connie Brockway Redevclopmcnt Agency Counsel Redevelopment Agency Se etary 3 SF-2001 Agt c:Mua+at Rctaist of Claret b+l�'bs V6'd 96S L VLF t��L I-C�i3H N41`3N'iNf1H �L rsl!:� 50:L L i�P,Z—v;--rt 1T JLN-14-2001 17%06 CITY OF HUNTINGTON REACH 714 374 1590' P.05 tM119 swPi3 Ja 0l0P[leninly:nAV LOONS �,v S a3gTd pift apE(I •anogs gV0130s asmlag ar.t;jo ao=nbosuoa pyre`aatMn JjUSjs `loaja aqj sptmVWPun Alf'tj s4minsaoo jvgl pagspos a j s 4luao `swegasn,00 alopCm011-e Mare °'Tw.01fluD JO mR alvlS aui jo.iaq•wpm-e 'u2djV)pvW r i S,ILN'' J, Xrl SMOD 30 NTO1,LVMV'TD5[(C TOTAL P.05 50/50 3Jbd Id3d"lb 19 0IQN3A 900"nwvb6b6 L0:LT 100Z01/90 BB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: CONNIE BROCKWAY, City Clerk FROM: SCOTT FIELD, Acting City Attorney o x Q DATE: June 18, 2001 z r z � - SUBJECT: Report of Action Taken Pursuant to Government Code Section 54997.1 ac—f June 18, 2001, City Council Closed Session C--)�_ - 9P = Ln h PLEASE ANNOUNCE IN OPEN SESSION OF CITY COUNCIL ON JUNE 18, 2001, THAT: On Monday, June 18, 2001, the City Council convened in closed session to discuss the matter of Sane, Pastore & Hill, Tort Claim 2000-78, Amended 2000-88. City Council voted to approve the settlement agreement. — The Council voted as follows: 8 Ayes; 0 Noes; 0 Abstentions_ Dettloff, absent at vote. SCOTT FIELD Acting City Attorney Clowd/Reportl200I/Sanh.Pastore&Hill Lim CITY OF HUNTINGTON BEACH L0- 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSNTITTAL OF ITEAI APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF F UNTINGTON BEACH DATE: September 19, 2000 TO: Sanli Pastore & Hill, Inc. ATTENTION: Thomas E. Pastore Name 1990 South Bundy Drive, Suite 800 DEPARTINIENT: Street _Los Angeles, CA 90025_ REGARDING: Amendment No. 1 to Agreement — City.State.Zip - --- Bus. Valuation & Goodwill Loss Valuation See Attached Action Agenda Item E-11 Date of Approval 9-18-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Cterk/Agency Clerk Attachments: Action Agenda Page X Agreement X Bonds Insurance x RCA Deed Other CC: Gail Hutton City Attorney x x x Name Department RCA Agrrcment Insurance Other J. Giguere City Attorney X x x Name Depatenent RCA Agreement Insurance Other Name Department RCA Asreemeot Insurance Other Name Thpanment RCA Agreement Insurance Other C. Mendoza X x Risk(`Management Dept Insurance 4 Telephone:714-53&62271 Council/Agency Meeting Held: 14; — CO Deferred/Continued to: Approved U Conditionally Approved J Denied ��Irk)Signature Council Meeting Date: September 18, 2000 Department ID Number: CA 00-015 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: GAIL HUTTON, Agency Counsel SF PREPARED BY: GAIL HUTTON, Agency Counsel EJ SUBJECT: Approve Amendment No. 1 to Agreement for Appraisal Services With Sanli Pastore & Hill Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve Amendment No. 1 to Agreement between the Redevelopment Agency of the City of Huntington Beach and Sanli Pastore & Hill, Inc for business valuation and goodwill loss valuation in regards to the case entitled Mulligan v. Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court, Case No. 74 00 99 Funding Source: E-TW-AT-130-4-05-00 - (Redevelopment Agency Capital Project Area #1) Recommended Action: Approve Amendment No. 1 to Agreement with Sanli Pastore R Hill for business and goodwill loss valuation; and to authorize the Chairman and Agency Clerk to execute the agreement Alternative Action(s): Do not approve Amendment No. 1 to Agreement and retain another appraisal firm. REQUEST RR REDEVELOPMENT COUPIL ACTION MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: CA 00-015 Analysis: At its closed session meeting of March 27, 2000, the City Council approved hiring a real estate appraiser to assist defense counsel in the proceeding entitled: Mulligan V. Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court, Case No. 74 00 99. The City initially entered into an agreement with Sanli Pastore & Hill for under $20,000, dated May 23, 2000, to serve as a consultant. Since then, the City has designated Thomas Pastore as an expert witness. Consequently, the City Attorney wishes to amend the original agreement to reflect that the additional compensation to be paid will exceed $20,000. Environmental Status: Not applicable Attachment s}- City Clerk's Page Number 1 Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and Sanli Pastore & Hill, Inc. for Business Valuation and Goodwill Loss Valuation 2 Amendment No. 1 to Agreement Between the Redevelopment Agency of the City of Huntington Beach and Sanli Pastore & Hill, Inc_ for Business 3 1 Insurance Certificates RCA Author: SFFIJG 00-15 Sanit Pastore.doc -2- 9R100 1:06 PM ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND SANLI PASTORE & HILL, INC. FOR BUSINESS VALUATION AND GOODWILL LOSS VALUATION Table of Contents 1 Work Statement........................................................................................................ 1 2 Time of Performance................................................................................................2 3 Compensation...........................................................................................................2 4 Disposition of Plans. Estimates and Other Documents............ ...............................3 5 Indemnification and Hold HatYnless....................... .................................................3 6 Workers' Compensation............................................................................................3 7 Insurance....................................................................................................................3 8 Certificates of insurance.............................. ....................... ...................._...... ........4 9 Independent Contractor ............................................................................................5 10 Termination of Agreement ...................................... ..................................... .........5 11 Assignment and Subcontracting.............................................................................15 12 Copyrights/Patents...................................................................................................5 13 Agency Employees and Officials....................................................................... .....5 14 Notices................................................................................... 15 Immigration ............. .... . 16 Legal Services Subcontracting Prohibited...............................................................6 17 Attorney's Fees.................. .................................. ...................................................6 18 Entirety PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND SAIvLi PASTORE & HILL, INC. FOR BUSINESS VALUATION AND GOODWILL LOSS VALUATION THIS AGREEMENT, made and entered into this _13—day of 2000, by and between the Redevelopment Agency of the City of Huntington Beach, a m icipal corporation of the State of California, hereinafter referred to as "AGENCY," and SANLI PASTORS & HILL, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a business appraisal firm to serve as a consultant and/or an expert witness in the proceeding entitled: Mulligan v_ Redevelopment Agency of the Cihl of Huntington Beach, Orange County Superior Court Case No. 74 00 99; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall serve as a consultant and/or an expert witness in the proceeding entitled: Mulligan v_ Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court Case No. 74 00 99. CONSULTANT shall provide those services as more specifically instructed by Bruce Tepper, Esq., of Kane, Ballmer & Berkman, special counsel to the .Agency in Mulligan v_ Redevelopment Agency_ CONSULTANT hereby designates Thomas E. Pastore who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. CONSULTANT shall prepare a Statement of Valuation, with supporting schedules (the "Report") suitable for exchange purposes. In addition, after completing the Report, CONSULTANT shall provide the following services: ■ Preparation and availability for deposition and trial, if necessary; ■ Perform all work necessary in order to provide credible testimony in deposition and trial; ■ Provide AGENCY and/or special counsel with consulting services relating to depositions and trial testimony of opposing experts; and ■ All other work requested by AGENCY and/or special counsel. 1 SF-2000 Agrec Sanh Pastore&:11111 5115100-#4 2. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement. 3. COMPENSATION CONSULTANT's fee for such services shall be as follows: Nevin Sanh, ASA, President* 5275.00/hr.in connection with the Report; and, S350/hr. for deposition and trial testimony and other post-Report services Thomas E. Pastore, ASA, CPA CFA $275.00/hr.in connection with the Report; and, Chief Executive Officer $350/hr. for deposition and trial testimony and other post-Report services Managers & Vice Presidents $1 b0.00 - S225.00/hour Financial Analysts $80.00 - $150.00/hour Interns S45.00 - $70.00/hour Total compensation for report work under this Agreement including costs and expenses, shall not exceed Twenty Thousand Dollars (520,000.00). CONSULTANT shall prepare a monthly statement which will set forth the nature of the services provided during the preceding period, the names and hours of each individual providing services, and the total number of hours and amount of fees attributable to providing such services. In addition, CONSULTANT shall be entitled to monthly reimbursement from AGENCY for out-of-pocket expenses incurred in connection with the provisions of said legal services, such as court costs, deposition fees, long distance telephone charges, messenger and delivery fees, photocopying and other reproduction costs, investigation fees, expert witness fees, and charges for travel time outside of the Southern California area at the direction of special counsel. Said monthly statement shall include the total amount of such expenses incurred during the preceding period. Automobile expenses are limited to $0.27 per mile. All other travel expenses shall be approved in advance. Requests for approval shall be submitted at least 14 days in advance, to allow for reduced transportation fares. Meals are not billable to the AGENCY, without prior arrangement. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds $75.00. The fee for the sending or receiving of facsimiles will not exceed $0.25 per page. The AGENCY will not pay a fee or charge for telephone calls or facsimiles to the AGENCY. Photocopier costs shall be no more than the actual cost of duplication, or$.10 per page, whichever is less Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case. There shall be no charge for secretarial time, secretarial overtime, or word processing charges. 2 SF-2000 Agrte Sanh Pastor[&Hill 5115,00-#d • • AGENCY shall pay CONSULTANT'S monthly statement within thirty (30) days of receipt unless the AGENCY disputes the statement. 4. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to AGENCY upon AGENCY's written notification. Said materials may be used by AGENCY as it otherwise sees fit. Title to said materials shall pass to the AGENCY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of this Agreement. CONSULTANT shall be entitled to retain copies of all data prepared hereunder_ 5. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless AGENCY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 6. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the Cali f6mia Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless AGENCY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against AGENCY, 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 obtain and furnish evidence to AGENCY of maintenance of statutory workers compensation insurance and employers liability in an amount of not less than One Hundred Thousand Dollars (S 100,000) bodily injury by accident, each occurrence; One Hundred Thousand Dollars (S 100,000) bodily injury by disease, each employee; and Two Hundred Fifty Dollars ($250,000) bodily injury by disease, policy limit. 7. TNSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify AGENCY, CONSULTANT shall obtain and furnish to AGENCY the following insurance policies covering the PROJECT: 3 SF-2000 Agree-Sanh Pastore R Hill 5!15io()-as A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name AGENCY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 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- B. Professional Liabilitv Insurance. CONSULTANT shall acquire 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 $500,000 per claim. A claims made policy shall be acceptable. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days', prior -written notice of AGENC4'; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONSULTANT under the Agreement. AGENCY 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. 4 SF-2000 Agree.Sanli Pastore&Hill S/15/00-P4 9. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 10_ TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY 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 AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 11. ASSIGNMENT AND SUBCONTRACTrN`Q This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of AGENCY. 12. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 13. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 14. 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: 5 S1=-2000 Agree-San6 Pastore R Hill 51IS"00-a4 TO AGENCY: TO CONSULTANT.- Redevelopment Agency of the Thomas E. Pastore City of Huntington Beach Sanli Pastore & Hill, Inc. 2000 Main Street 1990 South Bundy Drive, Suite 800 Huntington Beach, CA 92648 Los Angeles, CA 90025 15. 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. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY 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 AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 17. A`[ FORNEY'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. Balance of page intentionally left blank 6 SF-2000 Agree Sanli Pastore&Hill 5115100-yea 18. ENTIRETY 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. CONSULTANT REDEVELOPMENT AGENCY OF THE SAArL.I PASTORE & HILL, INC. CITY OF HUNTINGTON BEACH, a a California corporation public body, corporate and politic By: Agency General Counsel s�/5"Aa11 N ame ALL V I M S A/t_t s! 2 (Print or type Its: (circle one)Chairtna . resdertt, 'ice President APPROVED AS TO FORM: AND gency General Counsel Vr ) iflo� By / S- Z3-crz- Name "t-nt < < t mtITIATED AND APPROVED: (Print or type) Its: (circle one)Secretary/ ief Financial OfTice Asst Secretary-Treasurer Agency General Counsel- REVIEWED AND APPROVED: Exe Live Director 7 SF-2000 Agrec-Sanit P]SIOie& Hrtt 5/t 5/00-X4 ATTACHMENT #2 0 • AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND SANLI PASTORE & HILL, INC. FOR BUSINESS VALUATION AND GOODWILL LOSS VALUATION THIS AMENDMENT is made and entered into this 18th day of September , 2000, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH (`Agency") and SANLI PASTORE & HILL, INC., a California corporation, ("Consultant"). WHEREAS, Agency and Consultant are parties to that certain agreement, dated May 23, 2000, entitled "Agreement Between Redevelopment Agency of the City of Huntington Beach and Sanli Pastore & Hill, Inc_, to serve as a consultant and/or an expert witness in the proceeding entitled: Mulligan v. Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court Case No_ 74 00 99; and Since the execution of the aforesaid agreement, Agency requests additional work from Consultant and Consultant has agreed to perform such work, and Agency and Consultant wish to amend the original agreement to reflect the additional work to be performed by Consultant and the additional compensation to be paid in consideration thereof by Agency to Consultant, and The City Council approved hiring of Consultant in its closed session meeting of March 27, 2000, and Consequently, this Agreement meets the requirements of Chapter 3.03 of the Huntington Beach Municipal Code that states that contracts in excess of $20,000 be approved by the City Council. NOW, THEREFORE, the parties hereto mutually agree as follows he1d'agrcc00%%San1t-anicnd;U I SECTION 1. Additional Work. Consultant shall provide to City such other consultant services as the City Attorney shall request Consultant to perform SECTION 2. Additional Compensation The fees and costs of such work may exceed $20,000. SECTION 3. Reaffirmation Except as specifically modified herein, all other terms and conditions of the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONSULTANT REDEVELOPMENT AGENCY OF THE CITY SANLI PASTORE & HILL, INC. OF HUNTINGTON BEACH, a a California corporation public body, corporate and politic By CHA P RS Name t r>'"0^'�f t, ��< Llfczh (Print or type) ItS= (circle one)Chairman/Preside Wice President APPROVED S TO FORM. AND r n' • Agency General Counsel By- Name I/<t//W S(9N`i INITIATED AND APPROVED: (Print or type) Its: (circle on Secret of Financial OfficerlAsst. Secretary-Treasu r r Agency teneral Counsel f 17T, � REVIEWED AND APPROVED- ATTEST: C:P Ao� av4d" Exe ive Director Agency e r Fcld`agrectHriSan I i-amend r1 I ATTACHMENT #3 A_C_ORD =CBRTtFI / TL =LIABILITY} NStlR/ NC -- QATE{MMIDOJYY? = r• '07/11/2000 PEER �J I �} THIS CERTIFICATE IS I �AS A MATTER OF INFORMATION [� I �fr L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AMEND EXTEND OR BORNSTEIN INSURANCE No- SP 0 ALTER THE COVERAGE AFFORDED BYR. THIS CERT1MATE DOESTTHE POIACIES BELOW. 22850 Crenshaw Blvd. #2 0 3 COMPANIES AFFORDING COVERAGE Torrance, CA 90505 COMPANY 310 325-4343 A FARMERS INSURANCE EXCHANGE JNSURED OOMPµY SANLI, PASTORE SI HILL B CO PANYY 1990 SO BUNDY DRIVE #800 C TORRANCE, CA 90505 COMPANY 310/5713400 D THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN'tSSUED TO THE INSPIRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU&IECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS L0 TYPE OF PMRAMCE POLICY NUMBER PO may) pjlJ7 MMq)Drm 4111T8 GENERAL LIABLRY BODILY INJURY OCC j COMPREHENSNE FORM BODILY INIIJRY AGG j PIREMISESOOPERATIONS ... _ .._ - .. - _ ':1- PROPERTY DAMAGE OGC S UNDERGROUND .. ,. i':: PROPERTY D14AAC9E AGG j EXPLOSIONS COLLAPSE HAZARD PROOUCTSICOMPLETED OPER - - - - BI 3 PO COMBINED OCC $ CONTRACTUAL ^ -7 f✓ BI A PO COMBINED AGO 3 INOEPENDFNT CO RACTORS �t 0 �� PERSONAL INJURY AGG j BROAD FORM PROPERTY DAMAGE C•}I"`�'- PERSONAL INJURY AlUTOMIOBLE UIABIIUTY rRECENED BODILY��I>WWINJURY j ANY AlffO ) ALL OWNED AUTOS Trw71.Paw) ALL OWNED AUTOS (per I `j IB er 20CCRr j (Other TMn PYVX&P+�+wK) .. _ ._ 2000 HIRED AUTOS PROPERTY DAMACE j NC'IOWNEDAUTOS I DEPARTMENT OF GARAGELIABJUTY ECONCrtiC DEVELOP-ME BODLYIN PROPERTY DAMA nPALA [sE j COMMED EXCE33 LJABLITY EACH OCCURRENCE 3 UMBRELLA FORM AGGREGATE S OTI-EER TI-W UMBRELLA FORM j WC UMfTS JMOR1O7tsCOMPEN3ATT TOR ONANO X Y ER ya:�-,-----.---:---. EMPLOYE RF UABurr EL EACH ACCIDENT $l 000, 000 A THE PROPRIETORr 'Nu N 0 9 21713 2 0 8/01/0 0 0 8/01/01 EL DISEASE-POL)CY LIMIT $l 0 0 0 000 PARTNEfiSOEXECLITNE OFFICERS ARE RX ECCL EL DISEASE-EA EMPLOYEE S 1 000j 000 OT14ER DE3CRpTION OF OPERATIONOILOCJAriOH7NEM CLEIIEPECLAL REMS CERTMATE NOI DER=. -- — — _ --——._:,�. ��:..� a��CJWCEI.LJ►TIOH-�__._. �.�-.�-�-= — •..� SROULA ANY OF THE ABOVE DESCRIBED POUDEE BE CANCELLED BEFORE THE EXPIRATION DATE TMEREOF. THE =UIIMG COWANY WILL i41BtAV6WW* MAW REDEVELOPMENT AGENCY OF THE _3_Q_OAPs wwrTEN Nona!To TIDE CERTWCATE NOLOER NAMED TO THE LEFT. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92548 AUTH ED RFPftS0aAT ;W ACOR»2&N(U86}_ - _'�_ =c` _ r =—- — —�_ - = m AGORD CORPORATION. _ -----Original Message----- From: Giguere,Joan Seat: Wednesday,September���:)00 4 29 PMTo: Kuhnke, Elaine Subject: RE-Follow-up regarding Insurance I sent the original gener4 liability ins_ certificate to Risk Management. I will hand deliver a copy to the City Clerk's tomorrow, Thurs- -----Original Message----- u n e,Elaine Sent: Wednesday,September 20, 2000 9:17 AM To: Giguere,Joan Cc: Hughes,Jeffrey Subject: Follow-up regarding Insurance Joan, Just wondering if you have taken the insurance certificate you were waiting on for the Pastore Amendment to the Clerk's Office Item E-11 from 9118/00 meeting? Elaine J�P1iJ UUITTLUI 10mU7 Ai�uNtmi JI uVPICA;'II ILL. JIU 444 IbOJ ". UU1 AN ; DATE IMW Orr AC PRODUCER 1HI6 CORT1PICATE 18 ISBUED AS A VAT MR OF INFORMATION Andreini Co ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11400 Olympic Blvd, Ste 400 ALTER R THIS THtr COVERAGETIPI��ono190 NOT AMEND. END.ICiEs BELOW. ND OR I.ae Angeles, CA 90064 (310) 444-7722 License# 0208825 — COMPANIES AFFORDING COVERAGE COMPANY A Hartford Fire Insurance Co. MOURED 1wPANT Sanli Pastore rA Hill. 1 S Legion Indeamity Co an 1990 South Bundy Drive I COMMIT suite 900 C Los Angeles CA 90025 _OyPANT b Z., _a THIS IS TO CERTIFY Vr1AT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN :9EUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i.4DICATW, ,4OTW[r1STMD:NQ ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCJMENT WITH RESPECT TO WHICH HIS CF.TTTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 9Y THE POLICIES DESCRIBED hEREIN 19 9UNECT TO ALL THE TER.VS, EXC LU91DNS ANO CONOtTION! OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEE.y IEDUCEJ BY PAID CLAIMS. CO POLICY EFFECIMA POLICY 13LPSUMN LTA I TYPE OF MMiRANCi P041CT NYYOIAI OAT!(IMIDONY) QATK 1"WROrm I tla11T1 A I SE-NEAAL UM HUTY Ir2 SSA GA4127 0 6/2 5/0 0 0 6/2 5/01 larw AGOmOAT@ 1! 2=000 .cWEACk OEHEnAI LADLITr 10 d4y Conc■ll.om PPODUCTS-COMPIOP AGO Dann MADE al OCCUR 1cw non psYmwt anN_ i PEJ1 OK&A AOII H-vRY ! L000.0 Olh?&Il9 A CCHTRACTORI PPCT EAGM OC —LITFNCF slmnwo FINE CAMACTE[AM 7M&C ! ��-- YED EDP' "wncn1 I! in RM ALIToWGKZ►,.Mtn 'n SBA GAW 06/25/00; 06/25/01 A �wr Auro COYSW.i}SINGLE LAIR 1 1,000.000 4 I I ALL OW4EU AJTOi — ilOblr HJURr IIII SCMEOUL.ED AUTOS I opu Pow) Xj nir).L,Tz9 _ BO71Lr q{,UpY { NaFFCWHEO AUTOS I (P,•*KNftr] i MWMTY CAMAGE 3 � I i LIARAOL "AOO.RY I :AUTO ONLY-EA ACC%)EMT I 1 I ANY AUTC • L .' OTZIEF 714AN AUTO ONLY. EA.H ACC.NW. . { I AOGA7GATE S I MCVO LWIM1.RY I I EACH OcCURAEHCE { I UMWW"FOWL I AGOPBGATE I! Ont-A T,WL imw%llA CORM j! wORI[dT- COYP17NATION A11p OTATU I 0 Ellwwmr U"PRY ER ^� EL EACH ACC.XNT ! THE PRCPP..VCAI I HCL.� E4 a1 Jl -Pq.Ct LFf:T ! PAR-14V9E*C.UTrW - OFF,CE2.3 ARE: I EUL EL MWASE-EA BAPLOYN ! I oTT+tR I B Professional LM3M5160 - SIR $10,DOD : 05/t31/00 05/01/01 $5, 000, 000 Liability ' ����Ir�Pu�a� DCe t>� at� ol�er �a�cAdaltioaal Insured for Liability only as their Interests may appear. Per the cart, holder' s instructions; "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar Me limitation. " .7rn'�Ff��![-1iT'�MT���'.I:�.w is"e- .- -a9"-'''E-...-ki.�:. L-.` �'" �i�-y'�• p��y k���rc.Ww_-�.:,• �- F*J �s�.:...r.- 4-'�:-.'. - - —.:=-..- lPI/?!11ta�• -.�i+k�...�--..._...,�..i&-�y!�'-". -.t........-..`.c-.,.•J��-.•r.':-_ IIKUM AMY OF TWK ATIOVE GROCMM 10LICM 11 CAIICft= DWW ME Redevelopment Agency of the V"ATION DA12 n"NOP, THE JIMM Ca11P4NY "AA City of Huntington Beach 110 pAYO YI>►nm NOTIC[ To T" CERTF"Tv H"M "Mm Tn 111E LIFT, 2000 main St. Huntington Beach CA 92648 OF--"* aun+uRar>ED RIr11 - J . _- q_Y SEE-:3-2000 15: 16 710 444 1239 9>r% P•0i St;1-13' 00 (WED) 15:09 ANDRE:vl & CUPANY TEL: 3i0 444 1839 P. 001, POLICY NUMBER: 72 SBA GA4427 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: The City of Huntington Beach, its agents, officers and employees Job Description- Business Valuation For the City of Huntington Beach (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this andorsement.) Who Is An Insured (Section lit Is amended to include as an insured the person or organization snown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CIS 20 10 11 95 Copyright. Insurance Services Office, lnc.,1964 _t �d I-iH F ?dci3va !-1NVS F_17e?:Sa:_ 03DZ:L�ii� SEP-13-2000 15:16 310 444 1839 SE/ �-02 O�/19/2000 08:52 3105713419 SANLI PASTORE $ HILL PAGE 03 #taZ. -1'9' 06(FRI1 0a:22 . . . ...• AT �Q�Q wT><t1e11ao+►ef 30 •�'�• :• - —Mks CIEWMI q 1I AA A IfATTS7A GFl1MAT eini & Co C[ QXLIV AM tMPIRe no 1M RU u� nu ;�R TIF 11400 0lyMiC 22vd, Ste 400 � NOT. �� 0�[1}E- p0a NOT AllilO. Vrmm Cm i.ca �gelaN, G1 90064 �q /w,, ALTER � �*Aa� urn etr THE s stRaw. (310)444-7722 License# 02085 "� bW.3o cWArrr A gar ar Fire Urance__,Cor; , Oow n" smell psrtore a sill s L oa Yaaema3t as 1990 south m% ady Drive • -nits i00 Loa C1 90025 GowA�r TAIS Is TO oeRTWf TMT ME POUCU of IMRARM US= eaow rove MR MSS TO TtiE MUM NI ADMI Fat TM PO►jM KROo rNCVCATM NOTwiTMSTANDING Air, II WIRe 4I Teal OR M40MON OF ANY 00NTRACT CA OTHEF+ DOClOAMI WII FKAPECT TO MMCM 'MIS CERTINCATE MAY BE WUED CIA kAV PERTAIN, T�1E ImLUM wCE 000MOLD BY THE POI DEW AND MI Ir i1lB WI TO ALL TMI TIOW3, EY:LUa9*a AND CONOffoo OF U04 POufap. UW173 SHOWN MAY HAVE BffN REDUCED *Y PAID OWNS. CO3� nw a Ilrlrler>a Pods*rural 1 mw " (loam ura urn 1S i A "Mm"UMI 7� SBA IIMA"" 0 6/2 5/9 9 0`/2 5/0 0 AI'GRA laE 1 r1l�U cO% a AL "WA&IruTr oo •COWKP AM eMA Owg - _ (� 9E(Ara w it fs= �~ M Cr I -1 �Awnra.es ummm I ri saw QAN07 0 4/2 5/9 9 0 6/25/0 0 comm IA"ow, !, 11cum 0 Awl VAO A `A"ON=.rTw ALTDe i�c 'rQ U�►u A 0'M MAN i 1 1 A�roe gp Y.O F � I � eDDar M2N4 eo A11M + TAX iTO BEY � RROArT+r GAv�+Oe s WV AM DTRW T1WI am fir, - ..�.. mmem is LadPI FI _ I A pATi - s QMl1 "Wwwd&w lour FI i e1Mi0Y�r eng1R�Aur M�CMIlETO(Y �p eE 0 PO.ICY iw if rArTNeTe1o�F�rTM �1CiRt ME ELM F El mm 6e arm 1 afnln B paxoEeaeicnal ILMMMI . SIR ms= 05/01/00f 05/01/02 $3, 000,000 Liability ! r ��ca' a o e`�i tioaal InsUrea !or Liability only as tbsir interests any appear, per t cart. holderee instructions wThe above detail*4 coverage is not sect to s>Qy deductible o awlInsured retenti 09 an Other form at g1milar type limitatlan. m eedevelapmant Agency 0I the 1lp"im N "m TMMW. Ta Ie+rAlr own" em ML city Of h=ti»zgt0>a Balaob .MP-- DAVE relTere seem a Tw o■IImIa" Nam ewe 16 UK. 2000 main Be. Nuntiugtcn beach Ch $2649 .uneae� 7 4 MAY-19-2000 08=50 3105713419 P.03 REQUEST FOR LATE SUBMITTAL {To accompany RCA's submitted after Deadline Department: CITY Subject Approve Amendment No. 1 to Agreement for ATTORNEY'S OFFICE Appraisal Services withSanli Patore& Hill Council Meeting Date: Date of This Request: 9/13/00 9118100 REASON (Why is this RCA being submitted late?): The City Attorne 's Office has been under extensive remodeling for the past two weQK5, CONSEQUENCES How shall delay of this RCA adversely impact the City? Additionally, it is imp2rative that payment be made on or before the � 20' cutoff date to pay vendors because of the end of the fis cat year. CONSEQUENCES How shall delay of this RCA adversely impact the C' 7 The Appraiser may not continue to assist defense counsel as expert witness in the case entitled: Mulligan v. Redevelopment Aonq of the CAV of Hundhoon Beach, OCSC, Case No. 74 00 99 Signature: 0 Approved O Denied Department Head Ray S ver City Administrator RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR APPRAISAL SERVICES WITH SANLI PASTORE & HILL COUNCIL MEETING DATE: I September 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable Not Applicable licable Tract Ma , Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) Sr" ned in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form Py qq Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorne Attached Financial Impact Statement (Unbud et, over$5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS General Liability insurance certificate is being revised and will be faxed this week. REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (BelowOnly) RCA Author. SFF/JEG