HomeMy WebLinkAboutSCOTT FAZEKAS & ASSOC - 1997-01-06 • � - � C,��Nm�R- �uicDiNG
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Council/Agency Meeting Held` .SC (a b0•/b
Deferred/Continued to:
® Approved ❑ Conditionally Approved ❑ Denied ZEcO Clerk's Signature
Council Meeting Date:7-0 11/16/98 Department ID Number: CD98-52
CITY OF HUNTINGTON BEACH75
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REQUEST FOR COUNCIL ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY'COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrat I•+V '
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PREPARED BY: ROSS CRANMER, Building & Safety Director w
SUBJECT: Approve the use of Budgeted Contract Services Funds using Existing
Contracts with SFA, Inc. --To Perform Plan Review and Staffing
Services
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen
Statement of Issue:
The Building and Safety Department staffs the building counter, performs health and safety
plan reviews and provides customer friendly inspection services for our community. The
applicants who submit projects to the City pay fees for these services and expect reasonable
service levels. The demand for these services varies due to the fluctuations in construction
activity. In order to continue to deliver our services when construction activity is high, we rely
on cost effective outside firms to augment our professional staff.
SFA, Inc. is well respected in the industry and continues to provide exceptional services for
the City of Huntington Beach. SFA also works exclusively for government agencies thus
they avoid having any conflict of interest with private developers.
Funding Source:
The contract services would be financed by the $435,500 budgeted under contract services
in the 98/99 Budget for Building and Safety.
Recommended Action:
Motion to: "Approve and authorize the use of budgeted contract funds in Program CD-234-
390 to provide both professional plan review and staffing services, using existing contracts
with SFA, Inc."
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/16/98 DEPARTMENT ID NUMBER: CD98-52
Alternative Action(s): .
The City Council may make the following motion:
"Deny the use of budgeted contract funds for outside professional services and dramatically
decrease the level of service."
Analysis:
The ability of the Building and Safety Department to provide counter, plan review and
inspection services continue to be hampered by the substantial increase in construction
activity. This increase in activity is primarily due to new residential construction in the PLC
development area and large commercial projects in remaining open areas. We have been
utilizing contract services to satisfy the increase in demand for both plan review and staffing
services.
SFA, Inc., continues to provide contract services in a timely and professional manner. SFA,
Inc. has provided plan review and leased staff services under their existing contracts in
Attachments #1 and #2. The contracts are still active and SFA, Inc. has indicated that the
terms are still acceptable as noted in their letter dated October 30, 1998 (Attachment#3).
As in the past the cost for providing the plan review services is calculated as a percentage
of the fees we collect. The percentages that most firms' charge varies from 49% to 60% of
the building permit fee. Attachment #4 summarizes the three (3) informal proposals for this
service.
In contrast to plan review, our other service needs cannot be provided away from City Hall.
As noted we continue to utilize SFA, Inc., to provide leased staff in City Hall to perform
counter, inspection and miscellaneous services. This service is cost effective since the
hourly rates are substantially lower than contract professional services and the City is not
obligated to maintain peak staffing when the construction activity declines.
Environmental Status: NA
CD98-52 -2- 11/09/98 5:18 PM
•
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/16/98 DEPARTMENT ID NUMBER: CD98-52
Attachment(s):
City Clerk's
Page Number No. Description
Services
1. ExistingContract with FA Inc. for Plan Review S
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2. Existing Agreement with SFA, Inc. for Staffing Services
3. Letter dated October 30, 1998 from SFA, Inc.
4. Summary of Informal Proposals for Plan Review Services
5. Current Approved Insurance Certificates.
RCA Author: Debra Gilbert
CD98-52 -3- 11/09/98 6:18 PM
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS &ASSOCIATES
FOR PLAN REVIEW SERVICES
Table of Contents
SECTION PAGE
1 Designation of Contractor.......................................................................... ......2
2 Conflict of Interest....................................................................................................2
3 Work to be Performed by Consultant and Compensation........................................2
4 Work to 4e Performed by the City ................................ ...4
5 Extra Work...............................................................................................................-4
6 Service Level Goals..................................................................................................5
7 Work Day Definition................................................................................................5
8 Method of Payment..................................................................................................5
9 Performance Documentation....................................................................................5
10 Non-Assignability ....................................................................................................6
11 Final Decision Authority....................................................................... ........6
12 Termination....................... ...........................................................................:.........6
13 Notices......................................................................................................................6
14 Immigration............................
15 Legal Services Subcontracting Prohibited................................................................7
16 Indemnification and Hold Harmless.........................................................................7
17 Workers' Compensation...........................................................................................7
18 Insurance.................................................................................:.................................8
19 Certificates of Insurance; Additional Insured Endorsements...................................8
20 Independent Contractor............................................................................................9
21 Copyrights/Patents....................................................................................................9
22 City Employees and Officials 9
.23 Attorney's Fees 9
24 Entirety 10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS ASSOCIATES
FOR PLAN REVIEW SERVICES
THIS AGREEMENT, made and entered into this.6th day of aanuary ,
1996,by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as"CITY," and Scott Fazekas Associates, a California
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to employ the services of a consultant to provide plan review
services involving ministerial code review for proposed building construction plans; and
CITY1esires to implement a high level of professional and technical plan review,.services
at a cost less than the fees.paid by the permit applicants; and
CITY wishes to avoid conflict of interest problems by contracting with a corporation that
performs no work for the private sector and provides services exclusively to government entities;
and
CITY wishes to contract with a firm directed by persons having experience and
knowledge in the interpretation and application of complex regulations providing for protection
of the public; and
CITY desires to contract with a firm presently successfully providing plan review
services to government agencies; and
CONSULTANT's plan review engineers, supervisors and managers are all highly
credentialed engineers with many years of regulatory plan review experience; and
CONSULTANT is willing to enter into a contract with the CITY to provide plan review
services to the CITY in accordance with this contract; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
Huntington Beach Municipal Code Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT AS FOLLOWS:
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Section 1. DESIGNATION OF CONTRACTOR,
CONSULTANT hereby agrees to provide professional services for the review of
proposed building plans for conformance to regulations contained in the state mandated building,
plumbing, mechanical and electrical codes, as those codes are adopted by the CITY; to perform
additional work when requested by CITY; and to perform all of the'above described work in
accordance with the terms and conditions hereinafter set forth,when requested_ by the Building
Official or his designated representative.
Section 2. CONFLICT OF INTEREST.
CONSULTANT expressly affirms that it nor any of its officers or directors will
perform work or provide services to entities other than government entities during the time this
Agreement is in force in order to insure the CITY that the CONSULTANT will not have a
conflict of interest in discharging the work covered by this Agreement. - - -
Section 3. WORK TO BE PERFORMED BY CONSULTANT AND
COMPENSATION
A. Plan Review Services Scope of Work.
CONSULTANT shall:
1. Perform traditional preliminary plan review consultations_ in its main
office by meetings or by telephone.
2. Perform traditional initial plan review of submitted plans to determine
compliance with certain uniform codes as adopted by CITY, including:
Uniform Building Code
Uniform Plumbing Code
Uniform Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation;
and Disabled Access)
Noise Attenuation and local requirements
Federal Flood Plain Regulations (FEMA)
3. Provide the applicant's designee and the CITY a list of items needing
clarification or change to achieve conformance with the above regulations.
4. Perform all necessary liaison with the applicant's designee, by telephone,
fax, mail or meeting in its main office, and perform all necessary rechecks
to achieve conformance to the regulations.
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5: Perform all necessary liaison with the Building Official or his designee, by
mail, telephone, fax or in its main office, to insure compliance with the
Uniform Administrative Code(UAC)U.B.C. Sections 105 and 106 and to
insure compliance with local policy interpretations. .
6. Perform plan reviews of revisions to plans that have previously been
approved for permit issuance.
7. Perform extra work when requested in writing by CITY:
8. Attend meetings related to proposed building projects at the request of the
Building Official at locations other than its office.
B. Compensation for Plan Review Services
1. Compensation for each plan reviewed pursuant to this Agreement shall be
49% of the building permit fee calculated per Table 3A of the 1991
Uniform Administrative Code for each building plan checked. The
construction valuation shall be based on the most recent valuation
multiplier published by the International Conference of Building Officials
in Building Standards or on the architect's estimated construction cost, or
on the Building Official's cost estimate. The value shall include a
proposed construction as defined in Uniform Administrative Code
Section 304.
Plan check fee for repetitive identical buildings shall be 49% of the
building permit fee as noted above for the first, or basic building, and 14%
of the building permit fee for each additional building.
The single fee includes all rechecks, plan check conferences at
CONSULTANT's office, reviewing plans that are initially found to be
incomplete and for the transmitting of plans back to the jurisdiction.
The minimum CONSULTANT fee for any proposed project plan review
shall be one hundred dollars ($100.00).
2. Compensation for plan reviews of reviews to plans that have previously
been approved for permit issuance, pursuant to Section 3(A)(6) of this
Agreement, shall be calculated pursuant to Section 3(B)(1) of this
Agreement or shall be$75.00 per hour. The method of calculating
compensation for each such plan reviewed shall be as agreed to in writing
by the Building Official and CONSULTANT.
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-3. Compensation for extra work performed pursuant to Section 3(A)(7) of
this Agreement shall be$75.00 per.hour.
Section 4. WORK TO.BE PERFORMED BY THE CITY
The CITY shall perform the following work:
A. Arrange and pay the cost of shipping one set of plans and documents to
the CONSULTANT's office.
B. Obtain from the applicant,at the time of the project submittal,the
necessary items.to allow plan review to be completed in the shortest
overall time frame. Necessary items include, but are not limited to,
complete plans, construction specifications, soil reports, Title 24 energy
calculations, structural calculations, the name and address andtelcphone
number of the applicant's designated contact person and similar items that
may be unique to a particular project.
C. Provide the valuation for the proposed construction or instruct the
CONSULTANT to calculate the valuation in accordance with
Section 3(B)(1) of this Agreement.
D. Provide the CONSULTANT with copies of any CITY ordinances that
modify the regulations listed in Section 3(A)(2) of this Agreement.
E. Collect sufficient plan check fees or deposits from project applicants to
ensure the CITY will not suffer a loss if the applicant decides to abandon
the permit process after the CONSULTANT has completed this initial
plan check.
Section 5. EXTRA WORK
The CONSULTANT shall not perform extra work without written authorization
from the Building Official or his designated representative.
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Section 6. SERVICE LEVEL GOALS
The CONSULTANT agrees to provide adequate resources to achieve the
following service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
ITEM SERVICE GOAL
A. Buildings less than four stories A. Complete initial plan review in
and of normal complexity. less than twelve(12)work days.
B. Buildings four or more stories B. Complete initial plan review in
in height or of unusual less than fifteen(15)work days
complexity. or as agreed by the CITY's
- Building Official-and-
CONTRACTOR.
C. Residential and minor building C. Complete initial plan review in
projects. less than eight(8)work days.
Service level goals are subject to modification upon mutual agreement of
CONSULTANT and CITY.
Section 7. WORK DAY DEFINITION
For the purpose of measuring performance, the work days specified in Section 6
of this Agreement exclude the day plans were received and include the day a plan review has
been completed. Work days do not include Saturdays, Sundays, or CITY holidays.
Section 8. METHOD OF PAYMENT
CONSULTANT shall submit after the first work day of each month the invoice
for initial plan reviews performed during the prior month. Payment of approved items on the
invoice shall be mailed to the CONSULTANT within thirty (30) days after the date the invoice
was submitted. Payments not made within the above time frame shall, when paid, be increased
one and one-half percent per month, or portion of a month, for each month the payment was
delayed. Any disputed invoices shall be brought to CONSULTANT's attention within ten(10)
days of receipt.
Section 9. PERFORMANCE DOCUMENTATION
CONSULTANT shall note on the plan review correspondence to the CITY:
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y
A. The day of the week and the date the plans were received;
B. The day of the week and the date the initial plan review was completed;
C. The day of the week and date the applicant's designee was notified that the
initial plan review was completed; and
D. The calculated number of work days to complete the initial plan review.
Section 10. NON-ASSIGNABILITY
This agreement is for the professional services of CONSULTANT and is non-
assignable without the prior written consent of the CITY.
Section-I.I.- FINAL DECISION AUTHORITY
The CITY's Building Official shall have final decision authority over the results
of the plan review by the CONSULTANT and all work performed by the CONSULTANT shall
be to the satisfaction of the Building Official..
In instances where the permit applicant takes exception to the CONSULTANT's
interpretation of the regulations, the Building Official shall render a final decision utilizing, if
deemed appropriate, the resources of the City Attorney and/or the Board of Appeals.
Section 12. TERMINATION
Either party may terminate this Agreement,with or without cause, by providing
thirty (30) days written notice to the other party.
Section 13. 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 hereinab.ove) or to CITY's Director Community Development as the situation shall.
warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO CONSULTANT:
Ross Cranmer, Building Official
Department of Community Development Scott Fazekas and Associates
City of Huntington Beach 5 Corporate Park, Suite 160
2000 Main Street, 3rd Floor Irvine, CA 92714
Huntington Beach, CA 92648
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RLS 96.755
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Section 14. 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.
Section 15. LEGAL SER_VICES 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 CIV shall not be liable for payment of any legal services expenses_incurred by
CONSULTANT. -
Section 16. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend,and hold and save harmless
CITY, 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.
Section 17. 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 California Labor Code and all amendments thereto; and all similar state or federal acts or
laws applicable; and shall indemnify, defend and hold harmless CITY 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 CITY,for
or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and famish evidence to CITY of maintenance of
statutory workers' compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease,policy limit.
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RLS 96-753
Section 18. INSURANCE ?
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage;covering the work to be
performed by CONSULTANT pursuant to this Agreement. 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 this Agreement, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket contractual
liability, of$1,000,000 per occurrence. If coverage is provided under a form-which includes a
designated general aggregate limit, the aggregate limit must be no less than$1,000,000. Said
policy shall name CITY, its officers, and employees as.Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable shall be.deemed excess
coverage ar�that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-insured
retention, or a"deductible"or any other similar form of limitation on the required coverage.
Section 19. CERTIFICATES OF INSURANCE: ADDITIONAL• INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder,CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
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 CITY; and
4. 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 CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
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said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner,the
premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONSULTANT's insurance policies, naming the CITY;its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior'to any payment hereunder.
Section 20. jT1DEPENDENT 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-erforined hereunder.
Section 21. 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.
Section 22. 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 Californi
Government Code.
Section 23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
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Section 24. ENTIRETY
The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF,the parties hereto have caused this-Agreement to be executed
by and through their authorized offices the day,month and year first above written.
CONSULTANT: CITY OF HUNTINGTON BEACH,A
SCOTT FAZEKAS AND ASSOCIATES municipal corporation of the State of
a California corporation California
All
By:
S«rE}- F=;cL2�
print name Mayor - -
ITS: (circle one)Chairrnarvrresiden ice President
ATTEST:
AND
City Clerk
By: '
APPROVED AS TO FORM:
print name '
ITS: (circle one) ecret Chief Financial Officer/Asst. c
Secretary-Treasurer
City Attorney
I r'��C P�1 LS1a6
REVIEWED AND APPROVED: INITIATED AND APPROVED:
-Y
C' Administrator Director of Communi evelopment
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RIS 96-755
e v r x
a
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE
CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS &ASSOCIATES, INC.
Table of Contents
Section Page
1 Definitions 1
1.1 "Current Payroll" 1
1.2 "Employees" 2
1.3 "Employee Tax Forms" 2
1.4 . "Employer Tax Forms: 2
1.5 "Payment Due Date" 2
1.6 "Pay Period" 2
1.7 "Payroll" 2
. 2. Implementation - - - 3
.2.1 Relationship of Parties 3
2.2 Terms of Agreement 3
2.3 Specifications of Services and Approval of Compensation 3
2.4 Changes and Adjustments in Payroll 3
2.5 Employer Duties of SFA 4
2.6 Duties of CITY 4
2.7 Workers' Compensation, Health, and Other Benefits 4 .
3 Compensation 5
3.1 Fee 5
3.2 Payment Address 5
3.3 Terms of Compensation 5
4 Supervision of Employees 5
5 Indemnification 6
6 Insurance 6
7 Certificates of Insurance 7
8 General Provisions 8
8.1 Representation 8
8.2 Legal Action 8
8.3 Assignment 8
8.4 Audit 8
_ 8.5 Title 8
8.6 Severability 9
8.7 Legal Services Subcontracting Prohibited 9
8.8 Extent of Agreement 10
Exhibit A 11
' kN0:Agree:Fazekaad1115196
RLS 96-911 - —- - -
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
_ THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS &ASSOCIATES, INC.
THIS AGREEMENT.is.made and entered into this 6th day of
19-ii _, by and between the City of Huntington Beach, hereinafter referred to as 'CITY", and
SCOTT FAZEKAS &ASSOCIATES, INC., hereinafter referred to as "SFA."
WHEREAS, SFA is a California corporation which provides the seMces of its
employees to government agencies for the purpose of discharging the responsibilities of
government agencies; and
CITY has engaged the personal services of certain persons as its employees; and
Economic reasons exist which make it in the best interests of CITY.to discharge certain
of its responsibilities through the use of SFA employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
1. DEFINITIONS
All terms used in this.Agreement shall have the customary meaning afforded
such terms unless the same are used in a technical or business context, in which event such
terms shall have the technical and/or special meaning normally afforded such terms within the
particular trade, industry, or business to which they relate. The following are the definitions of
special terms used herein:
1.1 "Current Payroll" means the payroll set forth on attached Exhibit A and
incorporated by this reference.
1.2 "Employees" means those individual persons who are subject to the terms of
this Agreement and whose services are identified on attached Exhibit A incorporated by this
reference.
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RL S 96-811
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1.3 "Employee Tax Forms" means all.forms applicable'to the payroll which are
required by United States, state, and local governments to be provided by an employer to an
employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2
(Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and
Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed
by the state and/or local government in which employees are performing services pursuant to
this Agreement.
1.4 "Employer Tax Forms" means all forms required to fully and properly report
the payroll to-the United States, state and/or local governments, including United States
Department of the Treasury; Internal Revenue Service Form 941 (Employer's Quarterly
Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insurance
Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return),
and comparable and/or counterpart forms prescribed by the state and/or local government in
which employees are performing services pursuant to this Agreement.
1.5 "Payment Due Date" means any date on or before the last day of each payroll
period.
1.6 "Pay Period" means the interval between payments to employees.
1.7 "Payroll" means the.total payroll applicable to all employees and includes the
aggregate of net compensation to employees, federal withholding taxes, state and local (if
any) withholding taxes, employer and employee costs pursuant to the Federal Insurance
Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer
costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary
Compensation Plan (if any), and employer listed service fees (as applicable).
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RLS 96-811
2. IMPLEMENTATION #'
2.1 Relationship of Parties. Effective at the commencement of business on the
day of , 19 , SFA will provide to CITY those of its employees who are qualified to
perform the services'identified on attached Exhibit A and CITY hereby accepts such
employees on the terms and conditions provided in this Agreement.
2.2 Term of Agreement. This Agreement and the rights and obligations of CITY
and SFA shall commence on the effective time and date specified in paragraph 2.1 and shall
continue until terminated. Either party may terminate this Agreement upon thirty (30) days
written notice to the other party.
2.3 Specification of Services and Approval of Compensation. CITY shall
specify, and by notice to SFA may accept, modify, or reject the services and/or rate of
1
compensation of any and all employees leased to CITY in accordance with this Agreement. In
the event of rejection of services and/or rejection of the rate of compensation of any employee
leased to CITY, the lease made by this Agreement shall terminate as to such employee,
effective upon receipt by SFA of written notice thereof. For purposes of business and financial
accounting between the parties, this Agreement shall be deemed several as to each employee
and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the
manifest intentions of the contracting parties.
2.4 Changes and Adjustment in Payroll. CITY and SFA acknowledge the
payroll will vary from pay period to pay period by reason of additions, terminations, and
changes in compensation rates of employees. It is further acknowledged that the payroll also
may vary from pay period to pay period by reason of changes in the rate and/or amount of
employee withholding and/or employer payroll contributions and/or costs of employee benefit
plans and programs. It is specifically agreed that the amount of all payments coming due and
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RLS 96-911
owing from CITY to SFA shall be adjusted (by increase or decrease, as applicable) to the
extent necessary to directly reflect such changes on a current basis. All such changes and
adjustments in payroll shall be.mutually agreed by the CITY and SFA.before revised hourly
rates are applied.
2.5 Employer Duties of SFA. SFA shall (1) pay all wages and other
remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current .
payroll prior to each pay period;.(3) prepare and file all payroll tax returns and reports; (4) pay
all amounts due and owing pursuant to the payroll tax returns and reports which are prepared
and filed; (5) prepare, file, and.fumish to employees applicable employee tax forms; and'(6)
prepare and file, with a copy to CITY, applicable employer tax forms.
2.6 Duties of CITY. CITY shall (1) provide the workplace for all employees
subject to this Agreement; (2) maintain the workplace in strict accordance with applicable
health and working standards and specifications; (3) comply with all safety engineering and
governmental health and safety rules, regulations, directives, orders or similar requirements;
(4) provide all required safety equipment; (5) for employees located in California, take all
actions necessary to establish and implement an injury and illness prevention program as
required by the Occupational Injury Program Act, also known as Senate Bill.198, and codified
at California Labor Code § 6401.7; (6) post or provide employee notices required by law; and
(7) notify SFA immediately of all employee illnesses, accidents, injuries, and absences.
2.7 Workers' Compensation, Health, and Other Benefits. SFA maintains
Workers' Compensation and Employers Liability Insurance of a form and in an amount as
required by state law and CITY. Various health and other benefits are available to employees
under a cafeteria plan which permits each employee to choose the type of benefits he or she
will receive.
4
7\k\G:Aga:Fauku/11/3/9 S
RLS 96-811
3. COMPENSATION ~
3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A
on or before each payment due date. The range rates are based on current SFA costs and is .
subject to change when costs change due to factors which are beyond the control of SFA
(such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with
increased costs to SFA as mutually agreed by the CITY and SFA.
3.2 Payment Address. All payments due SFA shall be paid to:
SCOTT FAZEKAS &ASSOCIATES, INC.
Attn: Scott Fazekas'
5 Corporate Park, Suite 160
Irvine, CA 92714
3.3 Terms of Compensation. Invoices are due within 30 days of receipt.
Delinquent payments will be subject to a late payment carrying charge computed at a periodic
rate of 1-1/2% per month, which is an annual percentage rate of 18%, which will be applied to
any unpaid balance owed commencing forty-five (45) days after the date of the original
invoice. Additionally, in the event CITY fails to pay any undisputed amounts due SFA within
forty-five (45) days after payment due date, then CITY agrees that SFA shall have the right to
consider said default a total breach of this Agreement and the duties of SFA under this
Agreement may be terminated by SFA without liability to SFA upon ten (10) working days
advance written notice.
4. SUPERVISION OF EMPLOYEES
CITY shall supervise the daily activities of employees. Employees shall discharge
government responsibilities and perform in accordance with the ordinances, resolutions, rules,
regulations, and procedures adopted by CITY. SFA shall have no control over such
government responsibilities and such ordinances, resolutions, rules, regulations, and
procedures.
5
7Tk\G:AgrvrFaukas/1113195
RLS 96-911
5. INDEMNIFICATION
SFA shall indemnify, defend, and hold harmless CITY for the purposes of all required
payroll deductions and withholdings, legally required workers' compensation insurance, and
health benefits of the employees. SFA shall also.indemnify, defend and hold harmless CITY
for any liability arising under the Public Employees Retirement Law, as set forth in Califomia
Govemment Code § 20000, et seq. However, inasmuch as the CITY shall supervise the daily
activities of employees, and inasmuch as the employees will discharge government
responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations,
and procedures'-adopted by CITY (1) SFA and its employees shall be entitled td all protection
and immunities of government employees, including without limitation, those provided in
California Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities
and Public Employees; and (2) CITY does release and agree to indemnify, defend and hold
harmless the employees, SFA, and SFA's agents, personnel, directors, and officers from any
and all actions, claims, damages or injuries to persons or property, penalties, obligations or
liabilities arising out of or related to the services performed under this Agreement.
In addition, the employees, SFA, and SFA's agent, personnel, directors, and officers
shall be additional named insured on CITY's insurance policies or on any self-insurance
agreement. If CITY is a member of a Risk Management Agreement (RMA) or similar
agreement, CITY will notify the organization responsible for RMA or similar agreement in
writing that the employees, SFA, and SFA's agents, personnel, directors, and officers do not
have any applicable insurance coverage.
6. INSURANCE
In addition to the workers compensation insurance and SFA's covenant to
indemnify CITY, SFA shall obtain and furnish to CITY, a policy of general public liability
6
7\k%G:A47=:Fazckas/11/3/9 3
RIS 96-811
insurance, including motor vehicle coverage covering the project. Said policy shall indemnify '
$FA, 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,
r
including products/completed operations liability and blanket contractual liability, of$1,000,000
per occurrence. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name
CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any
other insurance coverage which may be applicable to the project shall be deemed excess
coverage and that SFA's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, SFA shall furnish to
CITY certificates of insurance subject.to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
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 CITY; and
4. 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:"
7
7\k\G:Agra:Fazeku/11/3/93
RLs 96-911
SFA shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by SFA under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. SFA shall pay, in a prompt and timely manner, the premiums on all.
insurance hereinabove required.
8. GENERAL PROVISIONS
8.1 Representation. A CITY representative shall be designated-by the CITY
and an SFA representative shall be designated by SFA as the primary contact person for each
party regarding performance of this Agreement. The following are the designated
representatives:
i
Scott Fazekas for SFA
Ross Cranmer for the City of Huntington Beach
8.2 Legal Action. Should either party to this Agreement bring legal action against
the other, the case shall be handled within the County where CITY is located, and the party
prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by
the judge hearing the case and such fee shall be included in the judgment.
8.3 Assignment. This Agreement shall not be assignable by either party without
the prior written consent of the other party.
8.4 Audit. CITY shall have the right to audit and inspect SFA records and accounts
covering costs under this Agreement for a period of two years after termination of the
Agreement.
8.5 Titles. The titles used in this Agreement are for general reference only and are
not part of the Agreement.
8
Tk\G:Agree:Faukas/11/3/93
RLS 96-911
i
8:6 --Severability. Should any provision of this Agreement be determined to be
unenforceable, such determination shall not affect the remaining provisions.
8.7 Legal Services Subcontracting Prohibited. SFA 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. SFA
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 SFA..
REST OF PAGE NOT USED
9
n\G:Agra:Fazckas1 I 1 r319 S
RLS 96-811
8.8 Extent of Agreement. This Agreement represents the entire and
integrated Agreement between CITY and SFA and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified or ,
amended only by a subsequent written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
SCOTT FAZEKAS &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, A
a California corporation municipal corporation of the State of
p� California
By:
print name
ITS: (circle one)Chairma Presiders ice President Mayor
By:
TTEST:
- I=etzc�ti ,
print name
ITS: (circle one Secrets Chief Financial City Cleric
Officer/Asst. Secretary-Treasurer APPROV D AS TO FORM:
i
c r
REVIEWED AND APPROVED:
ToCity Attorney
CK9 Administrator INITIATED AND APPROVED:
Y
Director of Communi y Development
10
7VdG:Agee:Fazckas/11/3195
RLS 96-811
Exhibit A
SERVICES
- Services included in this Agreement by and between the CITY OF HUNTINGTON BEACH and
SCOTT FAZEKAS &ASSOCIATES, INC., are listed below:
Service 1: Plan Check Services:
Hourly.Billing Rate Range: $40.00 to $70.00 per hour*
Service 2- Inspection Services
Hourly Billing Rate Range: $24.00 to $45.00 per hour' -
Service 3: Management Services
Hourly Billing Rate Range $40.00 to $70.00 per hour'
Service 4: Counter Services
Hourly Billing Rate Range $15.00 to $30.00 per hour'
Service 5: Planning Services
Hourly Billing Rate Range $30.00 to 70.00 per hour'
'It is understood that employees providing services will be driving city vehicles for any field
assignments. If the employees use a personal car on such assignments, billing to the City of
Huntington Beach will be at the rate of$0.36/mile.
Exhibit A
Tk\G:Agree:Fazekas/1113/9 S
RLS 96-911
M
---WN wa
11-03-98 16:10 2k 6196791374 SCOTT FAZEKAS 6 002
menil# 178YAksom & Anx4p4jasksm,
N, A Btdlding Safety for Government
October 30, 1998
Ms. Debra Gilbert
Senior Analyst
City of Huntington Beach
Community Development Department
2000 Main Street
Huntington Beach,CA 92648
Subject: Building Safety Consulting Services
Dear Ms.Gilbert:
'rhis letter is to confirm SFA's continued interest in providing professional consulting and staffing
services to the City of Huntington Beach under the terns of the existing Agreement. STA continues to
provide cervices exclusively to governmental agencies and therefor has no potential conflicts of interest.
The staff who will potentially be providing plan review services for Huntington Beach are as follows:
Scott Fazekas, AIA,C110
Ted Beckwith,C.E.
Michael.Ktntz, P.E.
Unsun Ku,S.E.
Oliver Roan,S.E.
Gancsh Rao, I'.f.
011ie Apahidean,E.I.T.
-['he statt'pmviding inspection services are as follows:
Steve Kennedy
David Wunderlich
chuck Watkins
Mark Carnahan
Tom Savas
Rick Olson
Il'you have any questions feel free to contact me and thank you for your continued use of SFA's
services.
Sincerely,
SCOTT FALEKAS&ASSOCIATES,INC.
Scott K. Fazekas;AIA,CBO
President
:to Corporate Park,Suite 107,Irvine.CA 92600-5132•949/475.2901 FAX 9491475.2550
An Equal Opportunity Empfoyer
•
c
#` �.�` -v � � �` ,t �„ may,'. ��.. s � s'b �g�;
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�-� � � c� r�%x`:� ��.�< -gam. �#�` _ _ N e:!- w5,
Summary of Informal Proposals for Plan Review Services
(per professional services—Chapter 3.03)
Plan Review Fee
(hourly fee)
• International Conference of
Building Officials (ICBO) 60% of Permit Fee
($75/hr)
• SFA Consultants, Inc. 49% of Permit Fee
($75/hr)
• EsGil Corporation 56% of Permit Fee
($87.51/hr)
Selection Guidelines: (per 3.03.040)
• Each of the above are well known for their quality Plan Review Services.
• SFA provides their service at a cost that is at or below the industry standard.
• SFA has staff that has provided excellent service to Huntington Beach in the past.
gOR
?
T A
x
...... ....... MMIDDlYY
::.......::. :
DATE
1 )
6/30/98
::. :::::::.
PRODUCER 619-231-1010 THIS CERTIFICATE
ERTIIFICATE IS ISSUED AS A.MATTER OF INFORMATION
John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
610 West Ash Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 2910 COMPANIES AFFORDING COVERAGE -u
San Diego, CA 921 1 2-421 5 COMPANY AMERICAN MOTORISTS INS./KEMPER
INSURED
COMPANY LUMBERMENS MUTUAL CAS./KEMPER
B
Scott Fazekas & Associates, Inc. COMPANY '
ATTN: Scott Fazekas C
15583 Harrow Lane COMPANY
Poway CA 92064 D
.. ....:.:....:::.::::..:. ...... :::.:::.....:::::.:.._'_..:.::::.:: :::: ::: ........... ::::::::.:::.
_... ....... . .. .... ...._........... ._.. ......._.... . . _....... _.._.. ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY 7RS68869400 06/05/98 06/05/99 GENERAL AGGREGATE S 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2000000
CLAIMS MADE a OCCUR PERSONAL&fCDV INJURY $ 1000000
OWNER'S&CONTRACTOR'S PROT - EACH OCCURRENCE $ 1000000
FIRE DAMAGE(Any one fire) $ 100000
MED EXP IAny one person) $ 10000
• AUTOMOBILE LIABILITY 7RS68869400 06/05/98 06/05/99
ANY AUTO T„�, A ry ,�„ {{ COMBINED SINGLE LIMIT $ 1000000
ALL OWNED AUTOS BODILY INJURY S
SCHEDULED AUTOS (Per person)
X HIRED AUTOS <--i Y - -
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
H - - PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE 9
OTHER THAN UMBRELLA FOAM 9 -
B WORKERS COMPENSATION AND 76A00753400 06/05/98 06/05/99 WCRY LIMITS ER
sTATu- oTH-
EMPLOYERS'LIABILITY
EL EACH ACCIDENT S 1000000
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT 9 1000000
PARTNERS/EXECUTIVE `
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S 1000000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: BUILDING SAFETY PLAN CHECK SERVICES, CERTIFICATE HOLDER, ITS
AGENTS,OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED AS
RESPECTS GEN.LIA. PER ATTACHED CO. FORM.
G1=R
.......
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLIBOLVEM MAIL
ATTN: ROSS CRAMMER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
2000 MAIN STREETNM
HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENT TIVE
.. :. ....:........................... . T : :
..: . diIre: s
::.:::: ::..:::::::::.::.:: .:.: ::::::. .::::::.:: ::: as.................................................................................... .....................................:............:............:.........:..................:..:.:::9.J � f1 ....:.......................................
r
Aa ee Comm ,be„t,ilea Y.-W
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 BUILDING SAFETY PLAN CHECK SERVICES
ATTN: ROSS CRANME�R - -
2000 MAIN ST. '
HUNTINGTON BEACH, CA 92648
'If no entry appears above, information required to complete this endorsement will be shown.in the Declara-
ions as applicable to this endorsement.)
/VHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in
he Schedule, but only with respect to liability arising out of your ongoing operations performed for that in-
ured.
endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effec-
late is shown below.
.Kest Be Completed FComplete Only When This Eadarsement Ir.vot Prepared with the Pblicy
Or_Is Not to be Effective with the Pallcy
Ot NO• Poucr NQ ISSUED TO EFFEGTNE oATE OF
7RS68869400 SCOTT FAZEKAS & ASSOCIATES, INC. THIS HIS t:ENONoaRSEMENr
6-5-98
iu"W cawafly campaay t', americaa Casaatrr Campaay if Radial. Pa. n- Nan al Fire inwnAm Coatpaoy of Harirard
csportataa lasuraace camFuty r! V&Uy Fargo(r=raacc Campaay Cl YanscaMieieatal lasaaccce COMPaay
n
cauatemigned by
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- Au Holt R encatire
3
07-30-98 09:56 2 6196791374 SCOTT FAZEKAS B 004
CORD �{ oA
90 W
re IMiiTio0"vVl
PRODUCER 619.231-1010 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
John Burnham & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
61(3 West Ash Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box"2910 COMPANIES AFFORDING COVERAGE___`_
San Diego, CA 92112-4215 COMPANY — M�
A CONTINENTAL CASUALTY INS COtVOS
INSURED COMPANY
B
Scott Fezekas & Associates, Inc. COMPANY ---_----_ --1—_------
ATTN: Scott Fazekes _C___
16583 Harrow Lane
owa CA 92064
Ik,M. - "1'( t } --..:. iI ).":.::: ` ' I- '{-r't" *„�°•R , 'n7 'p .w L- M:P.�LCi ." r'. xw::::. iw��`Z�q-h ,1!{'N Y.1.7..".._M..p kS: L'�iRS r•-_ M,7MRN' L�i•S`rt� -.���:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWIT14STANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T14I9
CERTIFICATE MAY OF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ►S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE Of INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION - LIMITS
Lyn DATE(MMMOITYI DATE(MMIDDIVYi
GENERALLIARBJTY O6NERAL AOOREOATE e
COMMERCIAL OF.NeAAI.LIADMITY PRODU_C_T$•COMP/OP.AGO e_
CLAMN MART. OCCUR PER60NAL&AOV INJURY, e
OWNER')6 CONTNACTOW0*07 _ EACH OCCURRENCE -e
.,__..... .-..+...��._�. FIRE OA_AAA_OE IAnY one"Ll
MEP EXP jAny ono•mew, a ^•
AUTOMOBILE LIABILITY
_ ANY AUTO �v� COMBINED DINGLE LIMIT• e•—_-_--
1
ALL 0WNE0 AUTOS r
— �'' OODILV INJURY
_ RC14EDULID AUTON - IPa pae0nl
IRAEO mplos BODILY INJURY --T_�--^ -
NDN•OWNEOAII)Oh Y
IPer M•ChIAn11 e
- -��—_ - - .. ,�1 •'7,• I PROPERTY OAMAOE e .
QANAO[LIABILITY _l AUTO ONLY•EA ACCIDENT e
ANV AV 10 "• ;j OTHER THAN AUTO ONLY: '
AQOREQATE e -
EXCEBB►IADII.II Y
VMBRDLI.A 1`0110M Ai0RE0ATE e
OTHER THAN UMBRELLA FORM - e
WC ST4TU. O H-
WORKERS QOMFENEATION AND
EMPLOV9RE•LIABILITY
_EL EACH ACCIDENT___ e
TNR PROPRI@TOR, _ INCI. EL 016EA6Ew0UCY LIMIT a ---_—
F4RTN[R&/[X[C uhvE - — ...„....._.—.�r—
OPFICF,RS ARE: _ r:XC.L EL DISEASE•EA EMPLOYEE e
A OTRER SFN 113970938 6105/96 6/05/99
PROFESSIONAL. 1,000,000 EACH CLAIM LIMIT
LIABILITY 1,000.000 ANNUAL AOOREQATE LMT
I 1,000 DEDUCTIBLE PER CLAIM
DESCRIPTION OF OPERA?HINDILUOATK R$tvtt11CLEE/SIECIAL ITEM&. -
ALL OPERATIONS OF NAMED INSURED
sari :.; ;Npa Y �:� ►., 1� y, ,w*<, >rsp}►
CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DEECMDEO POL(CI[E BE CANCELLED BEFORE THE
y
EXPIRATION DATE THEREOF: TIID IE6UINO COMPANY WILL f�fXNK)6 MAIL
ATTN: ROSS CRANMER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER MAIM TO TMB LQT,
2000 MAIN ST, AKKUMUN � r �e�xX�BZfdf� fiX>M>K�Ii+X,lf
HUNTINGTON BEACH, CA 92648 AX'xx K' "m x)EKX"*yAxm"if""
AUTHORIZED REPREEENTjO IVE
�.11u�K�•��2 .1N}7 I: �.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Building & Safety Department
SUBJECT: Contract Services for Plan Review and Staffing
COUNCIL MEETING DATE: November 16, 1998
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attome Attached
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR`MISSING ATTACHMENTS
--REVIEWED RETURNED FOR, DED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Space . Only)
RCA Author: Debra Gilbert
0 a&,..- Zell,
Council/Agency Meeting Held: _ s1��9-7 606.10
ChaWYLa,-d&M.Lg
Deferred/Continued to: 7�
approved ❑ Conditionally Approved ❑ Denied City ClerOal Signature
- o
Council Meeting Date: +245/99 � ��1Department ID Number: CDU 6:E
CITY OF HUNTINGTON BEACH �m
N
REQUEST FOR COUNCIL ACTION "'m
mt,r"rn
C-
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS C
._,, :
SUBMITTED BY: RAY SILVER, Acting City AdministratorG�R�
PREPARED BY: MELANIE S. FALLON, Director of Community Development
IOZA�#
SUBJECT: Authorization to Use Budgeted Contract Funds and Existing Contracts
with SFA, Inc. and EsGil, Inc.--To Perform Plan Review and Staffing
Services
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) IF
Statement of Issue:
Within the Community Development Department, the Building and Safety Division staffs the
building counter, performs health and safety plan reviews and provides customer friendly
inspection services for our community. The applicants who submit projects to the City pay
fees for these services and expect reasonable service levels. The demand for these
services vary due to the fluctuations in construction activity. In. order to continue to deliver
our services when construction activity is high, we rely on cost effective outside firms to
augment our professional staff.
The two (2) firms, SFA, Inc. and EsGil, Inc., are well respected in the industry and each firm
continues to provide exceptional services for Huntington Beach. Both firms also work
exclusively for government agencies thus do not have any conflict of interest with private
developers.
Funding Source:
The contract services would be financed by the $275,500 budgeted under contract services
in the 97/98 Budget for Building and Safety.
Recommended Action:
Motion to: "Approve and authorize the use of budgeted contract funds in Program CD-234 to
provide professional plan review and staffing services, using existing contracts with SFA, Inc.
and EsGil, Inc."
R�QUEST FOR COUNCIL ACTS
MEETING DATE: 12/15/97 DEPARTMENT ID NUMBER: CD97-63
Alternative Action(s):
The City Council may make the following motion:
'Deny the use of budgeted contract funds for outside professional services and service the
increase in construction activity with a dramatic reduction in staffing levels."
Analysis:
The ability of the Building and Safety Division to provide counter, plan review and inspection
services continues to be hampered by the substantial increase in construction activity. This
increase in activity is primarily due to new residential construction in the Holly Seacliff
development area and large commercial projects in remaining open areas. We have been
utilizing contract services to satisfy the increase in demand for both plan review and staffing
services.
EsGil, Inc. and SFA, Inc., continue to provide these contract services in a timely and
professional manner. EsGil, Inc. has provided plan reviews at their place of business and
their existing contract is in Attachment #1. SFA, Inc. has also provided plan review services
and additionally they provide leased staff services under their existing contracts in
Attachments #2 and #3. The contracts are still active and both firms have indicated that the
terms are still acceptable as noted in their letters in Attachment #4.
As in the past the cost for providing the plan review services is calculated as a percentage
of the fees we collect. The percentages that most firm's charge varies from 49% to 60% of
the building permit fee. Attachment #5 shows the three (3) informal proposals for this
service.
In contrast to plan review, our other service needs cannot be provided away from City Hall.
As noted we continue to utilize SFA, Inc., to provide leased staff in City Hall to perform
counter, inspection and misc. services. This service is cost effective since the hourly rates
are substantially lower than contract professional services and the City is not obligated to
maintain peak staffing when the construction activity declines.
Environmental Status: NA
CD97-63.DOC -2- 11/20/97 2:10 PM
ROQUEST FOR COUNCIL ACTIA
MEETING DATE: 12/15/97 DEPARTMENT ID NUMBER: CD97-63
Attachment(s):
City Clerk's
Page Number No. Description
1. Existing Contract with EsGil, Inc. for Plan Review Services
2. Existing Contract with SFA, Inc. for Plan Review Services
3. Existing Agreement with SFA, Inc. for Staffing Services
4. Letters from EsGil, Inc. and SFA, Inc.
5. Summary of Informal Proposals for Plan Review Services
6. Current Approved Insurance Certificates.
RCA Author: Ross Cranmer
CD97-63.DOC -3- 11/19/97 9:25 AM
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AT' EN T 2 .............
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS &ASSOCIATES
FOR PLAN REVIEW SERVICES
Table of Contents
SECTION PAGE
1 Designation of Contractor........................................................................................2
2 Conflict of Interest....................................................................................................2
3 Work to be Performed by Consultant and Compensation........................................2
4 Work to be Performed by the City ...........................................................................4
5 Extra Work...............................................................................................................4
6 Service Level Goals..................................................................................................5
7 Work Day Definition................................................................................................5
8 Method of Payment..................................................................................................5
9 Performance Documentation....................................................................................5
10 Non-Assignability ....................................................................................................6
11 Final Decision Authority..........................................................................................6
12 Termination..............................................................................................................6
13 Notices.......................................................................................................................6
14 Immigration..............................................................................................................7
15 Legal Services Subcontracting Prohibited................................................................7
16 Indemnification and Hold Harmless.........................................................................7
17 Workers' Compensation...........................................................................................7
18 Insurance...................................................................................................................8
19 Certificates of Insurance; Additional Insured Endorsements...................................8
20 Independent Contractor............................................................................................9
21 Copyrights/Patents....................................................................................................9
22 City Employees and Officials 9
23 Attorney's Fees 9
24 Entirety 10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS ASSOCIATES
FOR PLAN REVIEW SERVICES
THIS AGREEMENT, made and entered into this 6th day of January ,
1996, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Scott Fazekas Associates, a California
corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to employ the services of a consultant to provide plan review
services involving ministerial code review for proposed building construction plans; and
CITY desires to implement a high level of professional and technical plan review services
at a cost less than the fees paid by the permit applicants; and
CITY wishes to avoid conflict of interest problems by contracting with a corporation that
performs no work for the private sector and provides services exclusively to government entities;
and
CITY wishes to contract with a firm directed by persons having experience and
knowledge in the interpretation and application of complex regulations providing for protection
of the public; and
CITY desires to contract with a firm presently successfully providing plan review
services to government agencies; and
CONSULTANT's plan review engineers, supervisors and managers are all highly
credentialed engineers with many years of regulatory plan review experience; and
CONSULTANT is willing to enter into a contract with the CITY to provide plan review
services to the CITY in accordance with this contract; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
Huntington Beach Municipal Code Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT AS FOLLOWS:
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Section 1. DESIGNATION OF CONTRACTOR.
CONSULTANT hereby agrees to provide professional services for the review of
proposed building plans for conformance to regulations contained in the state mandated building,
plumbing, mechanical and electrical codes, as those codes are adopted by the CITY; to perform
additional work when requested by CITY; and to perform all of the above described work in
accordance with the terms and conditions hereinafter set forth, when requested by the Building
Official or his designated representative.
Section 2. CONFLICT OF INTEREST.
CONSULTANT expressly affirms that it nor any of its officers or directors will
perform work or provide services to entities other than government entities during the time this
Agreement is in force in order to insure the CITY that the CONSULTANT will not have a
conflict of interest in discharging the work covered by this Agreement.
Section 3. WORK TO BE PERFORMED BY CONSULTANT AND
COMPENSATION
A. Plan Review Services Scope of Work.
CONSULTANT shall:
1. Perform traditional preliminary plan review consultations in its main
office by meetings or by telephone.
2. Perform traditional initial plan review of submitted plans to determine
compliance with certain uniform codes as adopted by CITY, including:
Uniform Building Code
Uniform Plumbing Code
uniform Mechanical Code
National Electrical Code
California State,Title 24 (Energy.Conservation;
and Disabled Access)
Noise Attenuation and local requirements
Federal Flood Plain Regulations (FEMA)
3. Provide the applicant's designee and the CITY a list of items needing
clarification or change to achieve conformance with the above regulations.
4. Perform all necessary liaison with the applicant's designee, by telephone,
fax, mail or meeting in its main office, and perform all necessary rechecks
to achieve conformance to the regulations.
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5. Perform all necessary liaison with the Building Official or his designee, by
mail, telephone, fax or in its main office, to insure compliance with the
Uniform Administrative Code (UAC) U.B.C. Sections 105 and 106 and to
insure compliance with local policy interpretations.
6. Perform plan reviews of revisions to plans that have previously been
approved for permit issuance. .
7. Perform extra work when requested in writing by CITY:
8. Attend meetings related to proposed building projects at the request of the
Building Official at locations other than its office.
B. Compensation for Plan Review Services
1. Compensation for each plan reviewed pursuant to this Agreement shall be
49% of the building permit fee calculated per Table 3A of the 1991
Uniform Administrative Code for each building plan checked. The
construction valuation shall be based on the most recent valuation
multiplier published by the International Conference of Building Officials
in Building Standards or on the architect's estimated construction cost, or
on the Building Official's cost estimate. The value shall include a
proposed construction as defined in Uniform Administrative Code
Section 304.
Plan check fee for repetitive identical buildings shall be 49% of the
building permit fee as noted above for the first, or basic building, and 14%
of the building permit fee for each additional building.
The single fee includes all rechecks, plan check conferences at
CONSULTANT's office, reviewing plans that are initially found to be
incomplete and for the transmitting of plans back to the jurisdiction.
The minimum CONSULTANT fee for any proposed project plan review
shall be one hundred dollars ($100.00).
2. Compensation for plan reviews of reviews to plans that have previously
been approved for permit issuance, pursuant to Section 3(A)(6) of this
Agreement, shall be calculated pursuant to Section 3(B)(1) of this
Agreement or shall be $75.00 per hour. The method of calculating
compensation for each such plan reviewed shall be as agreed to in writing
by the Building Official and CONSULTANT.
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m
3. Compensation for extra work performed pursuant to Section 3(A)(7) of
this Agreement shall be $75.00 per hour.
Section 4. WORK TO BE PERFORMED BY THE CITY
The CITY shall perform the following work:
A. Arrange and pay the cost of shipping one set of plans and documents to
the CONSULTANT's office.
B. Obtain from the applicant, at the time of the project submittal,the
necessary items to allow plan review to be completed in the shortest
overall time frame. Necessary items include,but are not limited to,
complete plans, construction specifications, soil reports, Title 24 energy
calculations, structural calculations,the name and address and telephone
number of the applicant's designated contact person and similar items that
may be unique to a particular project.
C. Provide the valuation for the proposed construction or instruct the
CONSULTANT to calculate the valuation in accordance with
Section 3(B)(1) of this Agreement.
D. Provide the CONSULTANT with copies of any CITY ordinances that
modify the regulations listed in Section 3(A)(2) of this Agreement.
E. Collect sufficient plan check fees or deposits from project applicants to
ensure the CITY will not suffer a loss if the applicant decides to abandon
the permit process after the CONSULTANT has completed this initial
plan check.
Section 5. EXTRA WORK
The CONSULTANT shall not perform extra work without written authorization
from the Building Official or his designated representative.
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• m •
Section 6. SERVICE LEVEL GOALS
The CONSULTANT agrees to provide adequate resources to achieve the
following service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
ITEM SERVICE GOAL
A. Buildings less than four stories A. Complete initial plan review in
and of normal complexity. less than twelve (12) work days.
B. Buildings four or more stories B. Complete initial plan review in
in height or of unusual less than fifteen (15) work days
complexity. or as agreed by the CITY's
Building Official and
CONTRACTOR.
C. Residential and minor building C. Complete initial plan review in
projects. less than eight (8)work days.
Service level goals are subject to modification upon mutual agreement of
CONSULTANT and CITY.
Section 7. WORK DAY DEFINITION
For the purpose of measuring performance, the work days specified in Section 6
of this Agreement exclude the day plans were received and include the day a plan review has
been completed. Work days do not include Saturdays, Sundays, or CITY holidays.
Section 8. METHOD OF PAYMENT
CONSULTANT shall submit after the first work day of each month the invoice
for initial plan reviews performed during the prior month. Payment of approved items on the
invoice shall be mailed to the CONSULTANT within thirty (30) days after the date the invoice
was submitted. Payments not made within the above time frame shall, when paid, be increased
one and one-half percent per month, or portion of a month, for each month the payment was
delayed. Any disputed invoices shall be brought to CONSULTANT's attention within ten (10)
days of receipt.
Section 9. PERFORMANCE DOCUMENTATION
CONSULTANT shall note on the plan review correspondence to the CITY:
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A. The day of the week and the date the plans were received;
B. The day of the week and the date the initial plan-review was completed;
C. The day of the week and date the applicant's designee was notified that the
initial plan review was completed;.and
D. The calculated number of work days to complete the initial plan review.
Section 10. NON-ASSIGNABILITY
This agreement is for the professional services of CONSULTANT and is non-
assignable without the prior written consent of the CITY.
Section 11. FINAL DECISION AUTHORITY
The CITY's Building Official shall have final decision authority over the results
of the plan review by the CONSULTANT and all work performed by the CONSULTANT shall
be to the satisfaction of the Building Official.
In instances where the permit applicant takes exception to the CONSULTANT's
interpretation of the regulations,the Building Official shall render a final decision.utilizing, if
deemed appropriate, the resources of the City Attorney and/or the Board of Appeals.
Section 12. TERMINATION
Either party may terminate this Agreement,with or without cause,by providing
thirty (30) days written notice to the other party.
Section 13. 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 Community Development as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO CONSULTANT:
Ross Cranmer, Building Official
Department of Community Development Scott Fazekas and Associates
City of Huntington Beach 5 Corporate Park, Suite.160
2000 Main Street, 3rd Floor Irvine, CA 9M4
Huntington Beach, CA 92648
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RLS 96-755
Section 14. 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.
Section 15. 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.
Section 16. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless
CITY, 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.
Section 17. 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 California Labor Code and all amendments thereto; and all similar state or federal acts or
laws applicable; and shall indemnify, defend and hold harmless CITY 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 CITY, for
or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and furnish evidence to CITY of maintenance of
statutory workers' compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
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RLS 96-755
r • •
Section 18. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage, covering the work to be
performed by CONSULTANT pursuant to this Agreement. 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 this Agreement, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket contractual
liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said
policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable shall be deemed excess
coverage and that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-insured
retention, or a"deductible" or any other similar form of limitation on the required coverage.
Section 19. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
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 CITY; and
4. 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 CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
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11/H/96
RLS 96-755
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONSULTANT's insurance policies, naming the CITY,its off cers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
Section 20. 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.
Section 21. 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.
Section 22. 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 aC lifornia
Government Code.
Section 23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement.or to secure the performance hereof, each party shall bear its own attorney's fees.
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I
Section 24. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONSULTANT: CITY OF HUNTINGTON BEACH, A
SCOTT FAZEKAS AND ASSOCIATES municipal corporation of the State of
a California corporation California
By:
fZ, F, k Mayor
print name
ITS: (circle one)Chairm residen ice President
ATTEST:
AND
')�k C� q CU City Clerk
BY:
APPROVED AS TO FORM:
print name
ITS: (circle one) ecret Chief Financial Officer/Asst.
Secretary-Treasurer City Attorney
c
REVIEWED AND APPROVED: INITIATED AND APPROVED:
• ,Y
C" Administrator Director of Communi evelopment
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TTACHMEN`� . ...............
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE
CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS &ASSOCIATES, INC.
Table of Contents
Section - PaQe
1 Definitions 1
1.1 "Current Payroll" 1
1.2 "Employees" 2
1.3 "Employee Tax Forms" 2
1.4 "Employer Tax Forms: 2
1.5 "Payment Due Date" 2
1.6 "Pay Period" 2
1.7 "Payroll" 2
2. Implementation 3
2.1 Relationship of Parties 3
2.2 Terms of Agreement 3
2.3 Specifications of Services and Approval of Compensation 3
2.4 Changes and Adjustments in Payroll 3
2.5 Employer Duties of SFA 4
2.6 Duties of CITY 4
2.7 Workers' Compensation, Health, and Other Benefits 4
3 Compensation 5
3.1 Fee 5
3.2 Payment Address 5
3.3 Terms of Compensation 5
4 Supervision of Employees 5
5 Indemnification 6
6 Insurance 6
7 Certificates of Insurance 7
8 General Provisions 8
8.1 Representation 8
8.2 Legal Action 8
8.3 Assignment 8
8.4 Audit 8
8.5 Title 8
8.6 Severability 9
8.7 Legal Services Subcontracting Prohibited 9
8.8 Extent of Agreement 10
Exhibit A 11
Tk\G:Agree:Fazeka&11115196
RLS 96-811
AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS &ASSOCIATES, INC.
THIS AGREEMENT is made and entered into this 6t-h day of ,Tanuary ,
19 , by and between the City of Huntington Beach, hereinafter referred to as 'CITY', and
SCOTT FAZEKAS & ASSOCIATES, INC., hereinafter referred to as "SFA."
WHEREAS, SFA is a California corporation which provides the services of its
employees to government agencies for the purpose of discharging the responsibilities of
government agencies; and
CITY has engaged the personal services of certain persons as its employees; and
Economic reasons exist which make it in the best interests of CITY to discharge certain
of its responsibilities through the use of SFA employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
1. DEFINITIONS
All terms used in this.Agreement shall have the customary meaning afforded
such terms unless the same are used in a technical or business context, in which event such
terms shall have the technical and/or special meaning normally afforded such terms within the
particular trade, industry, or business to which they relate. The following are the definitions of
special terms used herein:
1.1 "Current Payroll" means the payroll set forth on attached Exhibit A and
incorporated by this reference.
1.2 "Employees" means those individual persons who are subject to the terms of
this Agreement and whose services are identified on attached Exhibit A incorporated by this
reference.
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m
1.3 "Employee Tax Forms" means all forms applicable to the payroll which are
required by United States, state, and local governments to be provided by an employer to an
employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2
(Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and
Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed
by the state and/or local government in which employees are performing services pursuant to
this Agreement.
1.4 "Employer Tax Forms" means all forms required to fully and properly report
the payroll to the United States, state and/or local governments, including United States
Department of the Treasury; Internal Revenue Service Form 941 (Employer's Quarterly
Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insurance
Contributions Act Taxes), Form 940 (Employers Annual Federal Unemployment Tax Return),
and comparable and/or counterpart forms prescribed by the state and/or local government in
which employees are performing services pursuant to this Agreement.
1.5 "Payment Due Date" means any date on or before the last day of each payroll
period.
1.6 "Pay Period" means the interval between payments to employees.
1.7 "Payroll" means the total payroll applicable to all employees and includes the
aggregate of net compensation to employees, federal withholding taxes, state and local (if
any) withholding taxes, employer and employee costs pursuant to the Federal Insurance
Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer
costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary
Compensation Plan (if any), and employer listed service fees (as applicable).
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2. IMPLEMENTATION
2.1 Relationship of Parties. Effective at the commencement of business on the.
day of , 19 , SFA will provide to CITY those of its employees who are qualified to
perform the services identified on attached Exhibit A and CITY hereby accepts such
employees on the terms and conditions provided in this Agreement.
2.2 Term of Agreement. This Agreement and the rights and obligations of CITY
and SFA shall commence on the effective time and date specified in paragraph 2.1 and shall
continue until terminated. Either party may terminate this Agreement upon thirty (30) days
written notice to the other party.
2.3 Specification of Services and Approval of Compensation. CITY shall
specify, and by notice to SFA may accept, modify, or reject the services and/or rate of
compensation of any and all employees leased to CITY in accordance with this Agreement. In
the event of rejection of services and/or rejection of the rate of compensation of any employee
leased to CITY, the lease made by this Agreement shall terminate as to such employee,
effective upon receipt by SFA of written notice thereof. For purposes of business and financial
accounting between the parties, this Agreement shall be deemed several as to each employee
and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the
manifest intentions of the contracting parties.
2.4 Changes and Adjustment in Payroll. CITY and SFA acknowledge the
payroll will vary from pay period to pay period by reason of additions, terminations, and
changes in compensation rates of employees. It is further acknowledged that the payroll also
may vary from pay period to pay period by reason of changes in the rate and/or amount of
employee withholding and/or employer payroll contributions and/or costs of employee benefit
plans and programs. It is specifically agreed that the amount of all payments coming due and
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RLS 96-911
owing from CITY to SFA shall be adjusted (by increase or decrease, as applicable) to the
extent necessary to directly reflect such changes on a current basis. All such changes and
adjustments in.payroll shall be mutually agreed by the CITY and SFA.before revised hourly
rates are applied.
2.5 Employer Duties of SFA. SFA shall (1) pay all wages and other
remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current
payroll prior to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay
all amounts due and owing pursuant to the payroll tax returns and reports which are prepared
and filed; (5) prepare, file, and furnish to employees applicable employee tax forms; and (6)
prepare and file, with a copy to CITY, applicable employer tax forms.
2.6 Duties of CITY. CITY shall (1) provide the workplace for all employees
subject to this Agreement; (2) maintain the workplace in strict accordance with applicable
health and working standards and specifications; (3) comply with all safety engineering and
governmental health and safety rules, regulations, directives, orders or similar requirements;
(4) provide all required safety equipment; (5) for employees located in California, take all
actions necessary to establish and implement an injury and illness prevention program as
required by the Occupational Injury Program Act, also known as Senate Bill 198, and codified
at California Labor Code § 6401.7; (6) post or provide employee notices required by law; and
(7) notify SFA immediately of all.employee illnesses, accidents, injuries, and absences.
2.7 Workers' Compensation, Health, and Other Benefits. SFA maintains
Workers' Compensation and Employers Liability Insurance of a form and in an amount as
required by state law and CITY. Various health and other benefits are available to employees
under a cafeteria plan which permits each employee to choose the type of benefits he or she
will receive.
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RLs 96-811
3. COMPENSATION
3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A
on or before each payment due date. The range rates are based on current SFA costs and is
subject to change when costs change due to factors which are beyond the control of SFA
(such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with
increased costs to SFA as mutually agreed by the CITY and SFA.
3.2 Payment Address. All payments due SFA shall be paid to:
SCOTT FAZEKAS &ASSOCIATES, INC.
Attn: Scott Fazekas
5 Corporate Park, Suite 160
Irvine, CA 92714
3.3 Terms of Compensation. Invoices are due within 30 days of receipt.
Delinquent payments will be subject to a late payment carrying charge computed at a periodic
rate of 1-1/2% per month, which is an annual percentage rate of 18%, which will be applied to
any unpaid balance owed commencing forty-five (45) days after the date of the original
invoice. Additionally, in the event CITY fails to pay any undisputed amounts due SFA within
forty-five (45) days after payment due date, then CITY agrees that SFA shall have the right to
consider said default a total breach of this Agreement and the duties of SFA under this
Agreement may be terminated by SFA without liability to SFA upon ten (10) working days
advance written notice.
4. SUPERVISION OF EMPLOYEES
CITY shall supervise the daily activities of employees. Employees shall discharge
government responsibilities and perform in accordance with the ordinances, resolutions, rules,
regulations, and procedures adopted by CITY. SFA shall have no control over such
government responsibilities and such ordinances, resolutions, rules, regulations, and
procedures.
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5. INDEMNIFICATION
SFA shall indemnify, defend, and hold harmless CITY for the purposes of all required
payroll deductions and withholdings, legally required workers' compensation insurance, and
health benefits of the employees. SFA shall also indemnify, defend and hold harmless CITY
for any liability arising under the Public Employees Retirement Law, asset forth in Califomia
Govemment Code § 20000, et seq. However, inasmuch as the CITY shall supervise the daily
activities of employees, and inasmuch as the employees will discharge government
responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations,
and procedures adopted by CITY (1) SFA and its employees shall be entitled to all protection
and immunities of government employees, including without limitation, those provided in
California Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities
and Public Employees; and (2) CITY does release and agree to indemnify, defend and hold
harmless the employees,.SFA, and SFA's agents, personnel, directors, and officers from any
and all actions, claims, damages or injuries to persons or property, penalties, obligations or
liabilities arising out of or related to the services performed under this Agreement.
In addition, the employees, SFA, and SFA's agent, personnel,directors, and officers
shall be additional named insured on CITY's insurance policies or on any self-insurance
agreement. If CITY is a member of a Risk Management Agreement (RMA) or similar
agreement, CITY will notify the organization responsible for RMA or similar agreement in
writing that the employees, SFA, and SFA's agents, personnel, directors, and officers do not
have any applicable insurance coverage.
6. INSURANCE
In addition to the workers compensation insurance and SFA's covenant to
indemnify CITY, SFA shall obtain and furnish to CITY, a policy of general public liability
6
7\k\G:Agee:Fazekac/11/3/9 5
RLS 96-811
insurance, including motor vehicle coverage covering the project. Said policy shall indemnify
SFA, its officers, agents and employees, while acting within the scope of their duties, against
any and all claims of arising out of or in connection with the project, and shall provide coverage
in not less than the following amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual liability, of$1,000,000
per occurrence. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name
CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any
other insurance coverage which may be applicable to the project shall be deemed excess
coverage and that SFA's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, SFA shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
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 CITY; and
4. 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."
7
7\k\G:Agra:Fazekas/11/3/95
RLS 96-811
SFA shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by SFA under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. SFA shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
8. GENERAL PROVISIONS
8.1 Representation. A CITY representative shall be designated by the CITY
and an SFA representative shall be designated by SFA as the primary contact person for each
party regarding performance of this Agreement. The following are the designated
representatives:
Scott Fazekas for SFA
Ross Cranmer for the City of Huntington Beach
8.2 Legal Action. Should either party to this Agreement bring legal action against
the other, the case shall be handled within the County where CITY is located, and the party
prevailing in such action shall be entitled to reasonable attorneys' fee which shall be fixed by
the judge hearing the case and such fee shall be included in the judgment.
8.3 Assignment. This Agreement shall not be assignable by either party without
the prior written consent of the other party.
8.4 Audit. CITY shall have the right to audit and inspect SFA records and accounts
covering costs under this Agreement for a period of two years after termination of the
Agreement.
8.5 Titles. The titles used in this Agreement are for general reference only and are
not part of the Agreement.
8
7Tk1G:Agrce:Faukas/11/3/95
RLS 96-811
m
8.6 Severability. Should any provision of this Agreement be determined to be
unenforceable, such determination shall not affect the remaining provisions.
8.7 Legal Services Subcontracting Prohibited. SFA 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. SFA
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 SFA.
REST OF PAGE NOT USED
9
7\k\G:Agree:Fazekav/11/3/93
RLS 96-811
8.8 Extent of Agreement. This Agreement represents the entire and
integrated Agreement between CITY and SFA and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified or .
amended only by a subsequent written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed.this Agreement as of the
date and year first above written.
SCOTT FAZEKAS &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, A
a California corporation municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairma Presiders ice President Mayor
By: TTEST:
print name City Clerk `%�
ITS: (circle one Secrete Chief Financial
Officer/Asst. Secretary-Treasurer APPROV D AS TO FORM:
i
c ,—
REVIEWED AND APPROVED:
City Attorney
1t 1 If. '14-.5 b C-CAE U'�,
C6 Administrator INITIATED AND APPROVED:
Y
Director of Communi y Development
10
Tk\G:Agra:Faukas/11/3/9 3
RLS 96-911
Exhibit A
SERVICES
Services included.in this Agreement by and between the CITY OF HUNTINGTON BEACH and
SCOTT FAZEKAS &ASSOCIATES, INC., are listed below:
Service 1: Plan Check Services:
Hourly Billing Rate Range: $40.00 to $70.00 per hour*
Service 2: Inspection Services
Hourly Billing Rate Range: $24.00 to $45.00 per hour'
Service 3: Management Services
Hourly Billing Rate Range $40.00 to $70.00 per hour'
Service 4: Counter Services
Hourly Billing Rate Range $15.00 to $30.00 per hour'
Service 5: Planning Services
Hourly Billing Rate Range $30.00 to 70.00 per hour'
*It is understood that employees providing services will be driving city vehicles for any field
assignments. If the employees use a personal car on such assignments, billing to the City of
Huntington Beach will be at the rate of $0.36/mile.
Exhibit A
7\k\G:Agcee:Fazekas/11/3/9 S
RLS 96-911
...................................................................................................................
A............................
TTACHM............
E .:..:..:..........:.: 4.....................................................................................................
S17AScoott Fnzelrns & Associntes, Inc.
Building Safety for Government
November 10, 1997
Ms. Debra Gilbert
Senior Analyst
Community Development Department
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Building Plan Review Contract
Dear Ms. Gilbert:
I am writing in response to your request for additional information regarding SFA's employees
and work practices. The responses are numbered in accordance with your letter.
1. Scott Fazekas &Associates, Inc. (SFA) does no private design work or work for the
private sector. We only do regulatory work for municipal agencies when so authorized
by those agencies. None of SFA's employees do any private work in keeping with SFA's
policy to avoid the potential for real or perceived conflicts of interest.
2. The employees providing plan review services to the City of Huntington Beach are as
follows:
Scott Fazekas, AIA
Ted Beckwith, C.E.
Ginsun Ku, S.E.
David Lin, S.E.
3. SFA will notify the City of any modifications to our policy or staffing should such a
change occur.
4. SFA does not desire to make any modifications to the existing Agreement and will
continue to recognize the existing terms and conditions in the coming year.
I hope this is responsive to your request. Please don't hesitate to call me at(714) 475-2901 if
you require additional information and thank you for using SFA's services.
Sincerely,
SCOTT FAZEKAS &ASSOCIATES, INC.
Scott R. Fazekas, AIA, CBO
President
5 Corporate Park,Suite 160, Irvine,CA 92714•714/475-2901 •FAX 714/553-0935
An Equal Opportunity Employer
ATTACHMENT 5
Summary of Informal Proposals for Plan Review Services
(per professional services--Chapter 3.03)
Plan Review Fee
(hourly fee)
• International Conference
of Building Officials (ICBO) 60% of Permit Fee
($75/hr)
• SFA Consultants, Inc. 49% of Permit Fee
($75/hr)
• EsGil Corporation 56% of Permit Fee
($87.15/hr)
Selection Guidelines: (per 3.03.040)
• Each of the above are well known for there quality Plan Review Services.
• SFA and EsGil provide their service at a cost that is at or below the industry
standard.
• Both firms have staff that have provided excellent service to Huntington Beach in
the past.
• EsGil has an extensive staff that can handle projects when other companies are
busy.
pc-sent-h
ATTACH M E N T 6
7
: ,..! >::::��: ::i .,.,>E: i; "'.:;f:;;:C<>
:a::: . .:; :. .:.::<;: ::i:::<:: ISSUE DATE (MM/DD/YY).
: :. : . _ E ._ .� _ :..::::::::>:::.:::::::::::: ::::::::: : .:: :::. : ::::.:.::
_ 06 .10 .97
PRODUCER
THISERTIFICAT .l
E S ISSUED AS��A MATTER�OF�INFORMATION O NLY AND
CO
NFERS S R NO RIGHTS UPON THE CERTIFICATE H HOLDE
R.THIS CER
TIFICATE
-DOES NOT
AWRENCE UNITED ORP. POLICIES BELOW.,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
�ti,� (000.
P.O. BOX 80187 COMPANIES AFFORDING COVERAGE
AN DIEGO CA 92138y` � ! 1 COMPANY A CONTINENTAL CASUALTY INS . CO.
y��?: l LETTER _ .
`66r d�0 �Vo CDMPANY B AMERICAN MOTORISTS INS. CO. / KEMPER
INSURED LETTER
COTT FAZEKAS &� ®a� O COMPANY C
SSOCIATES, INC. LETTER
15583 HARROW LANE �y. COMPANY D
OWAY, CA 92064 LEER
COMPANY E
LETTER
.Co . RAG ::>:
.v . . s
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH PTOLNd1ES.LIMITS SHOWAFFORDED
MAY HAVE BEEN REDUCED DESCRIBED
Y PAID CLLAIMSEIN IS SUBJECT TO ALL THE TERMS,
O POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
TR ATE (MM/DD/YY) DATE (MM/DD/YY)
13 GENERAL LIABILITY 7 J J 6 10 8 10 0 1 0 6/0 5/9 7 6/0 5/9 8 GENERAL AGGREGATE $ 2 O O O O O
OMMERCIAL GENERAL LIABILITY PRODUCTS—COMP/OP AGG. $ 2 , 000 , 00C
LA MADE OCCUR. PERSONAL&ADV.INJURY $ 1, 000 , 00(
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 0 0 0 O O
FIRE DAMAGE(Any one fire) $ 10 O 0 O
MEO.EXP.(Any ons person) $ 5 ,00(
AUTOMOBILE LIABILITY 7 J J 610 810 O 1 0 6/0 5/9 7 6/0 5/9 8 COMBINED SINGLE
ANY AUTO r LIMIT $ 1 , 000 , 000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS ;;;; (Per person) $
HIRED AUTOS rry n ;• ':`.: BODILY INJURY
NON—OWNED AUTOSAUTOS (Per accident) $
GARAGE LIABILITY J '
p G,' i Ol si d PROPERTY;AMAGE $
EXCESS LIABILITY __ : ,' ` EACH OCCURRENCE $
UMBRELLA FORM �. V�J V AGGREGATE $
OTHER THAN UMBRELLA FORM
y J
7BA11059401 /05/97 6/05/98 STATUTORY LIMITS
WORKER'S COMPENSATION p,D
AND EACH ACCIDENT $ 110 0 0 0 0
EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $ 1 , 000 ,00(
DISEASE—EACH EMPLOYEE $ 1 ,000 . 00
OTMETROFESSIONAL SFN113970938 06/05/96 6/05/99 $1, 000,000 EA CLM.
LIABILITY $1,000 ,000 ANN AGG
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
E: BUILDING SAFTEY PLAN CHECK :SERVICES / CITY OF HUNTINGTON BEACH ITS AGENTS,
FFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL
LrIABILITY PER ATTACHED FORM.
:CI ..a�IC14T1_;HOL .E . .... ........ ..... . ......... ....::::': :: AN.. , ; �`tON.>:• <:. :::°:::.: :''::::: «,'<:'�;::>:< :;::.;>
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
'> EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL "xx
„
CITY OF HUNTINGTONI 'B�ACH I.; rF E1<` a I:�MAILS 30--
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
. ATTNi. ROSS CRANMER LEFT, gI�) �A94�L
2000 MAIN . S THEET ' XN R*Mx x3Mx2wxxx9l R ADM-
HUNTINGTON BEAC CA9921.6. 4;8! l? :auni�ti,RIZEDREs,:errATll►E
X.
:�Cp.R(1.25 S.7.1#1 ....................................::...:::..::.�:.::::..::::.::::.:::::.::::.::::.:.:..:................................................................. 4,.....:.:..:.::.:::.:;.::.:::�::;.;:::::,..�hCQFfi�:? I�t�f�ATiCSN.:��9t1
LNI;UiED INSURED: SCOTT FAZEKAS & ASSOCIATES, INC.
POLICY NO. : 7JJ610 r'
ADDITIONAL INS ED }' n=nai_
InsulIance
camnnies
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.,
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
I. The following provision is added to paragraph C., .- 2) "Bodily injury'or"property damage" axis-
WHO IS AN INSURED, in the Liability Coverage ing out of any act or omission of the "ad-
Form: ditional insured(s)" or any of their
employees.
Any person or organization you are required by
written contract to name as an. insured (called 3) "Property damage"to:
if insured") Is an insured, but only with
respect to liability arising out of your premises or a) Property owned, used or occupied
your work"for the"additional insured." by or rented to the "additional
insured(s)";
2. With respect to the insurance afforded these
"additional insureds,"the following additional pro- b. Property in the care, custody, or
visions apply: control of the "additional insured(s)"
or over which the "additional in-
A. The limits of Insurance provided on behalf of sured(s)" are for any purpose exer-
the "additional insured" are not greater than cising physical control; or
those required by such contract. In no event
shall the Limits of Insurance in this Coverage c. "Your worts" for the additional
Form be increased by such contract. insured(s)."
B. Additional Exclusions C. With respect to "additional insureds" who
are architects. engineers or surveyors, this
This insurance does not apply to : insurance does not apply to "bodily injury,"
"property damage," "personal injury' or "ad-
1.) "Bodily injury" or "property damage" oc- vertising injury" arising out of.the rendering
curring after: of or the failure to render any professional
services by or for you, including:
a) All work on the project to be per-
formed by or on behalf of the "addi- 1) The preparing, approving, or failing to
tional insured(s)" at the. site,of the prepare or approve .maps, drawings,
covered operations has been com- opinions, reports, surveys, change or-
pleted; or ders, designs or specifications; and
b) That portion of "your work" out of 2) Supervisory, inspection or engineering
which the injury or damage arises services.
that has been put to its intended use
by any person or organization other D. Any coverage provided by this endorsement
than another contractor or subcon- shall be excess over any other valid and col-
tractor engaged in performing opera- lectible insurance available to the "additional
tions for a principal as a part of the insured(s)" whether primary, excess, contin-
same project. gent or on any other basis.
CBE ATTACttED TQ, ct1ANGE ENDORSEMENT WHEN ISSUED AFTER THE
THIS ENDORSEMENT MUSTI(I
POLICY IS WRITTEN.
BP 86 04 (Ed. 10 90) `R j. Printed in U,S.A.
I .
cR
Council/Agency Meeting Held: 17
Deferred/Continued to:
1J0 Approved ❑ Conditionally Approved ❑ Denied City Clerk's SignaffureT—
Council Meeting Date: 1/6/97 Department ID Number: CD96-55
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: MELANIE S. FALLON, Director of Community Development'n�`'
SUBJECT: CONTRACT WITH SFA, INC. AND ESGIL, INC.--TO PERFORM
PLAN REVIEW SERVICES and CONTRACT WITH SFA, INC. TO
PROVIDE STAFFING SERVICES
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Within the Community Development Department, the Building and Safety Division staffs the
building counter, performs health and safety plan reviews and provides customer friendly
inspection services for our community. The applicants who submit projects to the City pay
fees for these services and expect reasonable service levels. The demand for these
services vary due to the fluctuations in construction activity. In order to continue to deliver
our services when construction activity is high, we rely on cost effective outside firms to
augment our professional staff.
The two (2) proposed firms, SFA, Inc. and EsGil, Inc., are well respected in the industry and
individuals within each firm have provided exceptional services for Huntington Beach in the
past.
Funding Source:
The contract services would be financed by the $350,000, "One Time Revenues", identified
in the 1996/97 Budget. The contract services would not be utilized until the anticipated
revenues are collected by the City.
Recommended Action:
Staff Recommendation:
Motion to "Approve and authorize the Mayor to execute contracts with SFA, Inc. and EsGil,
Inc. to provide professional plan review services and with SFA, Inc. for staffing services, with
a total amount for all three (3) contracts not to exceed $300,000. Further to appropriate
$300,000 to contact services in Program CD-234, with the requirement that expenditure of
the funds are only to occur after the revenues have been received by the City."
Alternative Action(s):
The City Council may make the following motion:
"Deny the execution of the contracts for outside professional services and service the
increase in construction activity with existing staffing levels."
96, E
'�llp�
3,_ NUZ�Nt1N
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/6/97 DEPARTMENT ID NUMBER: CD96-55
Analysis:
The ability of the Building and Safety Division to provide counter, plan review and inspection
services has been hampered by the substantial increase in construction activity. Due to the
increased activity our customers are waiting an average of 10 additional minutes for counter
service, plan review time is now running approx. 4 weeks and the inspection activity has
increased to an average of 140 inspections per day. This increase in activity is primarily
due to the new housing in the Holly Seacliff development area and more of the new tracts
are scheduled to begin this fiscal year. It is estimated that 389 units will be built this fiscal
year which is an increase of 189 units over last year or almost a 95% increase in residential
new construction.
Staff has worked with Administrative Services to estimate the additional user fee revenue
that will be generated from this construction activity. Staff has estimated the additional
revenue at approximately $350,000. This revenue is identified in the 96/97 Budget as "One
Time Revenue" (Attachment #6), with the anticipation that the monies would be needed to
finance contract services to support the service demand of the projects being developed.
Developers and homeowners pay for the services and expect the city to perform their
mandated review in a reasonable time frame.
EsGil, Inc. and SFA, Inc., are well known for their professional and timely plan review
services. The plan reviews are performed at their place of business and they make every
attempt to assist the applicants through the process. Each firm has staff that has provided
services for Huntington Beach in the past and their services have been delivered in a
professional, expedient and friendly manner.
The cost for this outside plan review service is a percentage of the permit fee that we collect.
The percentages that the various consultant firm's charge varies from 49% to 60% of the
building permit fee. Attachment #5 shows the results of the three (3) informal proposals for
this service.
The proposed third contract is again with SFA, Inc. to provide staffing services. In contrast
to plan review our other services cannot be provided away from City Hall. We have utilized
firms in the past to place contract or leased staff in City Hall to perform counter, inspection
and misc. services. This service is cost effective since the hourly rates are substantially
lower than contract professional services and the City is not obligated to maintain peak
staffing when the construction activity declines. Companies are"able to provide staff at a
lower rate since their overhead is substantially less when they function as an employment
service. Most notably we have used the firm ESI, Inc. in the past and the principal of SFA,
Inc. was the President and cofounder of ESI, Inc., thus we feel we will.receive good service.
The cost for staffing services varies dependent upon the expertise of the individuals. As an
example, our experience has been that this service can provide building inspectors for $25
to $35 per hour. This is a substantial savings over a typical consulting firm that would bill
this expertise at $50 to $70 per hour.
CD96-55.DOC -2- 12/09/96 3:52 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/6/97 DEPARTMENT ID NUMBER: CD96-55
Environmental Status: NA
Attachment(s):
City Clerk's
Page Number
1. Contract with EsGil, Inc. for Plan Review Services
......... .. .........
2. Contract with SFA, Inc. for Plan Review Services
_........ ..........................._.......
....... ...._ . .......... .... ........
.......... ........................_ ...
..... . .................... . ...
........ .. .....................
.. ... ............................ ..... ................................... ......
.........................
3. Agreement with SFA, Inc. for Staffing Services
9 9
......... .. ............
4. Approved Insurance Certificates
............. ............
..........
............. .
............. _ .............
.............
......... ......... .. ............
...... . . ..... . .........
5. Summary of Informal Proposals for Plan Review Services
6. 1996/97 Budget--General Fund Revenue Summary
7. FIS 97-07
CD96-55.DOC -3- 12/02/96 4:19 PM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 13, 1997
Scott Fazekas and Associates
5 Corporate Park, Suite 160
Irvine, Ca 92714
Dear Mr. Fazekas:
The City Council of the City of Huntington Beach at the meeting held
January 6, 1997, approved execution of Professional Services Contract
Between The City Of Huntington Beach And Scott Fazekas Associates For Plan
Review Services and the Agreement To Provide Staffing Services Between the
City of Huntington Beach and Scott Fazekas &Associates, Inc.
Enclosed is a duly executed copy of the contract for your records.
Sincerely,
Connie Brockway
City Clerk
Enclosure: Contract
G:fo11o% up:agrmtltr/SFA:cc
(Telephone: 714.536-5227)
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS & ASSOCIATES
FOR PLAN REVIEW SERVICES
Table of Contents
SECTION PAGE
1 Designation of Contractor........................................................................................2
2 Conflict of Interest....................................................................................................2
3 Work to be Performed by Consultant and Compensation........................................2
4 Work to be Performed by the City ............................................................................4
5 Extra Work.............................:.................................................................................4
6 Service Level Goals..................................................................................................5
7 Work Day Definition.................................................................................................5
8 Method of Payment.....................................:............................................................5
9 Performance Documentation....................................................................................5
10 Non-Assignability ....................................................................................................6
11 Final Decision Authority..........................................................................................6
12 Termination..............................................................................................................6
13 Notices......................................................................................................................6
14 Immigration........................................................................:.....................................7
15 Legal Services Subcontracting Prohibited................................................................7
16 Indemnification and Hold Harmless................:..:.....................................................7
17 Workers' Compensation...........................................................................................7
.18 Insurance...................................................................................................................8
19 Certificates of Insurance; Additional Insured Endorsements...................................8
20 Independent Contractor..........................................................................:.................9
21 Copyrights/Patents....................................................................................................9
22 City Employees and Officials 9
23 Attorney's Fees 9
24 Entirety 10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SCOTT FAZEKAS ASSOCIATES
FOR PLAN REVIEW SERVICES
THIS AGREEMENT; made and entered into this 6 th day of January ,
1996, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Scott Fazekas Associates, a California
corporation, hereinafter referred to as"CONSULTANT."
WHEREAS, CITY desires to employ the services of a consultant to provide plan review
services involving ministerial code review for proposed building construction plans; and
CITY desires to implement a high level of professional and technical plan review services
at a cost less than the fees paid by the permit applicants; and
CITY wishes to avoid conflict of interest problems by contracting with a corporation that
performs no work for the private sector and provides services exclusively to government entities;
and
CITY wishes to contract with a firm directed by persons having experience and
knowledge in the interpretation and application of complex regulations providing for protection
of the public; and
CITY desires to contract with a firm presently successfully providing plan review
services to government agencies; and
CONSULTANT's plan review engineers, supervisors and managers are all highly
credentialed engineers with many years of regulatory plan review experience; and
CONSULTANT is willing to enter into a contract with the CITY,to provide plan review
services to the CITY in accordance with this contract; and
Pursuant to documentation on file in the office of the City Clerk,the provisions of
Huntington Beach Municipal Code Chapter 3.03 relating to procurement of professional service
contracts has been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and.CONSULTANT AS FOLLOWS:
1
4/s:PCD:Agree:Razekas
11/15/96
RLS 96-755
Section 1. DESIGNATION OF CONTRACTOR.
CONSULTANT hereby agrees to provide professional services for the review of
proposed building plans for conformance to regulations contained in the state mandated building,
plumbing, mechanical and electrical codes, as those codes are adopted by the CITY; to perform
additional work when requested by CITY; and to perform all of the above described work in
accordance with the terms and conditions hereinafter set forth,when requested by the Building
Official or his designated representative.
Section 2. CONFLICT OF INTEREST.
CONSULTANT expressly affirms that it nor any of its officers or directors will
perform work or provide services to entities other than government entities during the time this
Agreement is in force in order to insure the CITY that the CONSULTANT will not have a
conflict of interest in discharging the work covered by this Agreement.
Section 3.' WORK TO BE PERFORMED BY CONSULTANT AND
COMPENSATION
A. Plan Review Services Scope of Work.
CONSULTANT shall:
1. Perform traditional preliminary plan review consultations in its main
office by meetings or by telephone.
2. Perform traditional initial plan review of submitted plans to determine
compliance with certain uniform codes as adopted by CITY, including:
Uniform Building Code
Uniform Plumbing Code
Uniform Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation;
and Disabled Access)
Noise Attenuation and local requirements
Federal Flood Plain Regulations (FEMA)
3. Provide the applicant's designee and the CITY a list of items needing
clarification or change to achieve conformance with the above regulations.
4. Perform all necessary liaison with the applicant's designee,by telephone,
fax, mail or meeting in its main office, and perform all necessary rechecks
to achieve conformance to the regulations.
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5. Perform all necessary liaison with the Building Official or his designee, by
mail,telephone, fax or in its main office,to insure compliance with the
Uniform Administrative Code (UAC)U.B.C. Sections 105 and 106 and to
insure compliance with local policy interpretations.
6. Perform plan reviews of revisions to plans that have previously been
approved for permit issuance. .
7. Perform extra work when requested in writing by CITY.
8. Attend meetings related to proposed building projects at the request of the
Building Official at locations other than its office.
B. Compensation for Plan Review Services
1. Compensation for each plan reviewed pursuant to this Agreement shall be
49%of the building permit fee calculated per Table 3A of the 1991
Uniform Administrative Code for each building plan checked. The
construction valuation shall be based on the most recent valuation
multiplier published by the International Conference of Building Officials
in Building Standards or on the architect's estimated construction cost, or
on the Building Official's cost estimate. The value shall include a
proposed construction as defined in Uniform Administrative Code
Section 304.
Plan check fee for repetitive identical buildings shall be 49% of the
building permit fee as noted above for the first, or basic building, and 14%
of the building permit fee for each additional building.
The single fee includes all rechecks,plan check conferences at
CONSULTANT's office, reviewing plans that are initially found to be
incomplete and for the transmitting of plans back to the jurisdiction.
The minimum CONSULTANT fee for any proposed project plan review
shall be one hundred dollars ($100.00).
2. Compensation for plan reviews of reviews to plans that have previously
been approved for permit issuance,pursuant to Section 3(A)(6) of this
Agreement, shall be calculated pursuant to Section 3(B)(1) of this
Agreement or shall be $75.00 per hour. The method of calculating
compensation for each such plan reviewed shall be as agreed to in writing
by the Building Official and CONSULTANT.
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3. Compensation for extra work performed pursuant to Section 3(A)(7) of
this Agreement shall be $75.00 per hour.
Section 4. WORK TO BE PERFORMED BY THE CITY
The CITY shall perform the following work:
A. Arrange and pay the cost of shipping one set of plans and documents to
the CONSULTANT's office.
B. Obtain from the applicant, at the time of the project submittal, the
necessary items to allow plan review to be completed in the shortest
overall time frame. Necessary items include, but are not limited to,
complete plans, construction specifications, soil reports, Title 24 energy
calculations, structural calculations, the name and address and telephone
number of the applicant's designated contact person and similar items that
may be unique to a particular project.
C. Provide the valuation for the proposed construction or instruct the
CONSULTANT to calculate the valuation in accordance with
Section 3(B)(1) of this Agreement.
D. Provide the CONSULTANT with copies of any CITY ordinances that
modify the regulations listed in Section 3(A)(2) of this Agreement.
E. Collect sufficient plan check fees or deposits from project applicants to
ensure the CITY will not suffer a loss if the applicant decides to abandon
the permit process after the CONSULTANT has completed this initial
plan check.
Section 5. EXTRA WORK
The CONSULTANT shall not perform extra work without written authorization
from the Building Official or his designated representative.
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Section 6. SERVICE LEVEL GOALS
The CONSULTANT agrees to provide adequate resources to achieve the
following service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
ITEM SERVICE GOAL
A. Buildings less than four stories A. Complete initial plan review in
and of normal complexity. less than twelve (12) work days.
B. Buildings four or more stories B. Complete initial plan review in
in height or of unusual less than fifteen(15) work days
complexity. or as agreed by the CITY's
Building Official and
CONTRACTOR.
C. Residential and minor building C. Complete initial plan review in
projects. less than eight(8) work days.
Service level goals are subject to modification upon mutual agreement of
CONSULTANT and CITY.
Section 7. WORK DAY DEFINITION
For the purpose of measuring performance, the work days specified in Section 6
of this Agreement exclude the day plans were received and include the day a plan review has
been completed. Work days do not include Saturdays, Sundays, or CITY holidays.
Section 8. METHOD OF PAYMENT
CONSULTANT shall submit after the first work day of each month the invoice
for initial plan reviews performed during the prior month. Payment of approved items on the
invoice shall be mailed to the CONSULTANT within thirty (30) days after the date the invoice
was submitted. Payments not made within the above time frame shall, when paid, be increased
one and one-half percent per month, or portion of a month, for each month the payment was
delayed. Any disputed invoices shall be brought to CONSULTANT's attention within ten(10)
days of receipt.
Section 9. PERFORMANCE DOCUMENTATION
CONSULTANT shall note on the plan review correspondence to the CITY:
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A. The-day of the week and the date the plans were received;
B. The day of the week and the date the initial plan review was completed;
C. The day of the week and date the applicant's designee was notified that the
initial plan review was completed; and
D. The calculated number of work days to complete the initial plan review.
Section 10. NON-ASSIGNABILITY
This agreement is for the professional services of CONSULTANT and is non-
assignable without the prior written consent of the CITY.
Section 11. FINAL DECISION AUTHORITY
The CITY's Building Official shall have final decision authority over the results
of the plan review by the CONSULTANT and all work performed by the CONSULTANT shall
be to the satisfaction of the Building Official.
In instances where the permit applicant takes exception to the CONSULTANT's
interpretation of the regulations, the Building Official shall render a final decision utilizing, if
deemed appropriate,the resources of the City Attorney and/or the Board of Appeals.
Section 12. TERMINATION
Either party may terminate this Agreement,with or without cause, by providing
thirty (30) days written notice to the other party.
Section 13. 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 Community Development as the situation shall
warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO CONSULTANT:
Ross Crammer, Building Official
Department of Community Development Scott Fazekas and Associates
City of Huntington Beach 5 Corporate Park, Suite 160
2000 Main Street; 3rd Floor Irvine, CA 92714
Huntington Beach, CA 92648
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Section 14. 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.
Section 15. 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.
Section 16. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless
CITY, 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.
Section 17. 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 California Labor Code and all amendments thereto; and all similar state or federal acts or
laws applicable; and shall indemnify, defend and hold harmless CITY 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 CITY, for
or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by CONSULTANT under this Agreement.
CONSULTANT shall obtain and f irni.sh evidence to CITY of maintenance of
statutory workers' compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease,policy limit.
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c • •
Section 18. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage, covering the work to be
performed by CONSULTANTpursuant to this Agreement. 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 this Agreement, and shall
provide coverage in not less than the following amount: combined single limit'bodily injury and
property damage, including products/completed operations liability and blanket contractual
liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said
policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable shall be deemed excess
coverage and that CONSULTANT's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-insured
retention, or a"deductible" or any other similar form of limitation on the required coverage.
Section 19. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance'subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
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 CITY; and
4. shall state as follows: "The above detailed coverage is not subject to any
deductible or se#Wnsured 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 CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to demand the original or a copy of all
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said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
Section 20. 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.
Section 21. 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.
Section 22. 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 Californi
Government Code.
Section 23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
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Section 24. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day,month and year first above written.
CONSULTANT: CITY OF HUNTINGTON BEACH, A
SCOTT FAZEKAS AND ASSOCIATES municipal corporation of the State of
a California corporation California
By: 6,� cL��✓
sue+rz
print name Mayor
ITS: (circle one)Chairrnarbzesiden ice President i
ATTEST:
AND -
City Clerk'%
By: QA aLea,
�--' APPROVED AS TO FORM:
print name
ITS: (circle one) ecret Chief Financial Officer/Asst.
Secretary-Treasurer
City Attorney �-� kk�131-16
1 i-z8�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C' Administrator Director of Communi evelopment
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AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE
CITY OF HUNTINGTON BEACH AND SCOTT FAZEKAS &ASSOCIATES, INC.
Table of Contents
Section Paqe
1 Definitions 1
1.1 "Current Payroll" 1
1.2 "Employees" 2
1.3 "Employee Tax Forms" 2
1.4 "Employer Tax Forms: 2
1.5 "Payment Due Date" 2
1.6 "Pay Period" 2
1.7 "Payroll" 2
2. Implementation 3
2.1 Relationship of Parties 3
2.2 Terms of Agreement 3
2:3 Specifications of Services and Approval of Compensation 3
2.4 Changes and Adjustments in Payroll 3
2.5 Employer Duties of SFA 4
2.6 Duties of CITY 4
2.7 Workers' Compensation, Health, and Other Benefits 4
3 Compensation 5
3.1 Fee 5
3.2 Payment Address 5
3.3 Terms of Compensation 5
4 Supervision of Employees 5
5 Indemnification 6
6 Insurance 6
7 Certificates of Insurance 7
8 General Provisions 8
8.1 Representation 8
8.2 Legal Action 8
8.3 Assignment 8
8.4 Audit 8
8.5 Title 8
8.6 Severability 9
8.7 Legal Services Subcontracting Prohibited 9
8.8 Extent of Agreement 10
Exhibit A 11
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AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN
THE CITY OF HUNTINGTON BEACH AND .
SCOTT FAZEKAS &ASSOCIATES, INC.
THIS AGREEMENT is made and entered into this tith day of ,Tanu;;ry ,
19_qL, by and between the City of Huntington Beach, hereinafter referred to as `CITY", and
SCOTT FAZEKAS &ASSOCIATES, INC., hereinafter referred to as "SFA."
WHEREAS, SFA is a California corporation which provides the services of its
employees to government agencies for the purpose of discharging the responsibilities of
government agencies; and
CITY has engaged the personal services of certain persons as its employees; and
Economic reasons exist which make it in the best interests of CITY to discharge certain
of its responsibilities through the use of SFA employees;
NOW, THEREFORE-, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
1. DEFINITIONS
All terms used in this Agreement shall have the customary meaning afforded
such terms unless the same are used in a technical or business context, in which event such
terms shall have the technical and/or special meaning normally afforded such terms within the
particular trade, industry, or business to which they relate. The following are the definitions of
special terms used herein:
1.1 "Current Payroll' means the payroll set forth on attached Exhibit A and
incorporated by this reference.
1.2 "Employees" means those individual persons who are subject to the terms of
this Agreement and whose services are identified on attached Exhibit_A incorporated by this
reference.
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1.3 "Employee Tax Forms" means all forms applicable to the payroll which are
required by United States, state, and local governments to be provided by an employer to an
employee, including U.S. Department of the Treasury, Internal Revenue Service Form W-2
(Wage and Tax Statement) and Form W-4 (Employee's Withholding Allowable Certificate) and
Form 1099 (as and if applicable), as well as comparable and/or counterpart forms prescribed
by the state and/or local government in which employees are performing services pursuant to
this Agreement.
1.4 "Employer Tax Forms" means all forms required to fully and properly report
the payroll to the United States, state and/or local governments, including United States
Department of the Treasury; Internal Revenue Service Form 941 (Employer's Quarterly
Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insurance
Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Return),
and comparable and/or counterpart forms prescribed by the state and/or local government in
which employees are performing services pursuant to this Agreement.
1.5 "Payment Due Date" means any date on or before the last day of each payroll
period.
1.6 "Pay Period" means the interval between payments to employees.
1.7 "Payroll' means the total payroll applicable to all employees and includes the
aggregate of net compensation to employees, federal withholding taxes, state and local (if
any)withholding taxes, employer and employee costs pursuant to the Federal Insurance
Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer
costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary-,
Compensation Plan (if any); and employer listed service fees (as applicable).
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2. IMPLEMENTATION
2.1 Relationship of Parties. Effective at the-commencement of business on the
day of , 19 , SFA will provide to CITY those of its employees who are qualified to
perform the services identified on attached Exhibit A and CITY hereby accepts such
employees on the terms and conditions provided in this Agreement.
2.2 Term of Agreement. This Agreement and the rights and obligations of CITY
f
and SFA shall commence on the effective time and date specified in paragraph 2.1 and shall
continue until terminated. Either party may terminate this Agreement upon thirty (30) days
written notice to the other party.
2.3 Specification of Services and Approval of Compensation. CITY shall
specify, and by notice to SFA may accept, modify, or reject the services and/or rate of
compensation of any and all employees leased to CITY in accordance with this Agreement. In
the event of rejection of services and/or rejection of the rate of compensation.of any employee
leased to CITY, the lease made by this Agreement shall terminate as to such employee,
effective upon receipt by SFA of written notice thereof. For purposes of business and financial
accounting between the parties, this Agreement shall be deemed several as to each employee
and shall be deemed prorated on a daily or other periodic basis necessary to give effect to the
manifest intentions of the contracting parties.
2.4 Changes and Adjustment in Payroll. CITY and SFA acknowledge the
payroll will vary from pay period to pay period by reason of additions, terminations, and
changes in compensation rates of employees. It is further acknowledged that the payroll also
may vary from pay period to pay period by reason of changes in the rate and/or amount of
employee withholding and/or employer payroll contributions and/or costs of employee benefit
plans and programs. It is specifically agreed that the.amount of all payments coming due and
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owing from CITY to SFA shall be adjusted (by increase or decrease, as applicable) to the
extent necessary to directly reflect such changes on a current basis. All such changes.and
adjustments in payroll shall be mutually agreed by the CITY and SFA before revised hourly
rates are applied.
2.5 Employer Duties of SFA. SFA shall (1) pay all wages and other
remuneration to its employees who are subject to this Agreement; (2) notify CITY of the current
payroll prior to each pay period; (3) prepare.and file all payroll tax returns and reports; (4) pay
all amounts due and owing pursuant to the payroll tax returns and reports which are prepared
and filed; (5) prepare, file, and furnish to employees applicable employee tax forms; and (6)
prepare and file, with a copy to CITY, applicable employer tax forms.
2.6 Duties of CITY. CITY shall (1) provide the workplace for all employees
subject to this Agreement; (2) maintain the workplace in strict accordance with applicable
health and working standards and specifications; (3) comply with all safety engineering and
governmental health and safety rules, regulations, directives, orders or similar requirements;
(4) provide all required safety equipment; (5) for employees located in California, take all
actions necessary to establish and implement an injury and illness prevention program as
required by the Occupational Injury Program Act, also known as Senate Bill 19.8, and codified
at California Labor Code § 6401.7; (6) post or provide employee notices required by law; and
(7) notify SFA immediately of all employee illnesses, accidents, injuries, and absences.
2.7 Workers' Compensation, Health, and Other Benefits. SFA maintains
Workers' Compensation and Employers Liability Insurance of a form and in an amount as
required by state law and CITY. Various health and other benefits are available to employees
under a cafeteria plan which permits each employee to choose the type of benefits he or she
will receive.
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3. COMPENSATION
3.1 Fee. CITY agrees to pay within the hourly range rate established in Exhibit A
on or before each payment due date. The range rates are based on current SFA costs and is
subject`to change when costs change due to factors which are beyond the control of SFA
(such as insurance, payroll tax, etc.). Any adjustments made will be commensurate with
increased costs to SFA as mutually agreed by the CITY and SFA.
3.2 Payment Address. All payments due SFA shall be paid to:
SCOTT FAZEKAS &ASSOCIATES, INC.
Attn: Scott Fazekas
5 Corporate Park, Suite 160
Irvine,.CA 92714
3.3 Terms of Compensation. Invoices are due within 30 days of receipt.
Delinquent payments will be subject to a late payment carrying charge computed at a periodic
rate of 1-1/2% per month, which is an annual percentage rate of 18%, which will be applied to
any unpaid balance owed commencing forty-five (45) days after the date of the original
invoice. Additionally, in the event-CITY fails to pay any undisputed amounts due SFA within
forty-five (45) days after payment due date, then CITY agrees that SFA shall have the right to
consider said default a total breach of this Agreement and the duties of SFA under this
Agreement may be terminated by SFA without liability to SFA upon ten (10) working days
advance written notice.
4. SUPERVISION OF EMPLOYEES
CITY shall supervise the daily activities of employees. Employees shall discharge
government responsibilities and perform in accordance with the ordinances, resolutions, rules,
regulations, and procedures adopted by CITY. SFA shall have no control over such
government responsibilities and such ordinances, resolutions, rules, regulations, and
procedures.
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5. INDEMNIFICATION
SFA shall indemnify, defend, and hold harmless CITY for the purposes of all required
payroll deductions and withholdings, legally required workers' compensation insurance, and
health:benefits of the employees. SFA shall also indemnify, defend and hold harmless CITY
for any liability arising under the Public Employees Retirement Law, as set forth in Califomia
Govemment Code§20000, et seq. However, inasmuch as the CITY shall supervise the daily
activities of employees, and inasmuch as the employees will discharge government
responsibilities and perform in accordance with the ordinances, resolutions, rules, regulations,
and procedures adopted by CITY(1) SFA and its employees shall be entitled to all protection
and immunities of government employees, including without limitation, those provided in
California Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities
and Public Employees; and (2) CITY does release and agree to indemnify, defend and hold
harmless the employees, SFA, and SFA's agents, personnel, directors, and officers from any
and all actions, claims, damages or injuries to persons or property, penalties, obligations or
liabilities arising out of or related to the services performed under this Agreement.
In addition, the employees, SFA, and SFA's agent, personnel, directors, and officers
shall be additional named insured on CITY's insurance policies or on any self-insurance
agreement. If CITY is a member of a Risk Management Agreement (RMA) or similar
agreement, CITY will notify the organization responsible for RMA or similar agreement in
writing that the employees, SFA, and SFA's agents, personnel, directors, and officers do not
have any applicable insurance coverage.
6. INSURANCE
In addition to the workers compensation insurance and SFA's covenant to
indemnify CITY, SFA shall obtain and furnish to CITY, a policy of general public liability
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RLS 96-811
insurance, including motor vehicle coverage covering the project. Said policy shall indemnify
SFA, its officers, agents and employees, while acting within the scope of their duties, against
any and all claims of arising out of or in connection with the project, and shall provide coverage
in not less than the following amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual liability, of$1,000,000
per occurrence. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name
CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any
other insurance coverage which may be applicable to the project shall be deemed excess
coverage and that SFA's insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, SFA shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
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 CITY; and
4. 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."
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SFA shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by SFA under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. SFA shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
8. GENERAL PROVISIONS
8.1 Representation. A CITY representative shall be designated by the CITY
and an SFA representative shall be designated by SFA as the primary contact person for each
parry regarding performance of this Agreement. The following are the designated
representatives:
Scott Fazekas for SFA
Ross Cranmer for the City of Huntington Beach
8.2 Legal Action. Should either party to this Agreement bring legal action against
the other, the case shall be handled within the County where CITY is located, and the party
prevailing in such action shall be entitled-to reasonable attorneys' fee which shall be fixed by
the judge hearing the case and such fee shall be included in the judgment.
8.3 Assignment. This Agreement shall not be assignable by either party without
the prior written consent of the other party.
8.4 Audit. CITY shall have the right to audit and inspect SFA records and accounts
covering costs under this Agreement for a period of two years after termination of the
Agreement.
8.5 Titles. The titles used in this Agreement are for general reference only and are
not part of the Agreement.
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8.6 Severability. Should any provision of this Agreement be determined to be
unenforceable, such determination shall not affect the remaining provisions.
8.7 Legal Services Subcontracting Prohibited. SFA 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. SFA
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 SFA.
REST OF PAGE NOT USED
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8.8 Extent of Agreement. This Agreement represents the entire and
integrated Agreement between CITY and SFA and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified or
amended only by a subsequent written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
SCOTT FAZEKAS &ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, A
a California corporation municipal corporation of the State of
By: "
California
SGo�az, F-a-Ze gas
print nameA^-
ITS: (circle one)Chairma Presiden ice President Mayor
By:
TTEST:
print name City Clerk 917
ITS: (circle one Secrete Chief Financial
Officer/Asst. Secretary-Treasurer
APPROVW AS TO FORM:
REVIEWED AND APPROVED:
City Attorney
CoAdministrator INITIATED AND APPROVED:
Director of Communi y Development
10
7Uc\G:Agrce:Fazekas/11/3/95
RIS 96-911
Exhibit A
SERVICES
Services included in this Agreement by and between the CITY OF HUNTINGTON BEACH and
SCOTT FAZEKAS &ASSOCIATES, INC., are listed below:
Service 1: Plan Check Services:
Hourly Billing Rate Range: $40.00 to $70.00 per hour*
Service 2: Inspection Services
Hourly Billing Rate Range: $24.00 to $45.00 per hour*
Service 3: Management Services
Hourly Billing Rate Range $40.00 to $70.00 per hour`
Service 4: Counter Services
Hourly Billing Rate Range $15.00 to $30.00 per hour*
Service 5: Planning Services
Hourly Billing Rate Range $30.00 to 70.00 per hour*
*It is understood that employees providing services will be driving city vehicles for any field
assignments. If the employees use a personal car on such assignments, billing to the City of
Huntington Beach will be at the rate of$0.36/mile.
Exhibit A
7\k\G:Agree:Fazekas/11/3/95
RIS 96-811
i
Summary of Informal Proposals for Plan Review Services
(per professional services--Chapter 3.03)
Plan Review Fee
(hourly fee)
• International Conference
of Building Officials (ICBO) 60% of Permit Fee
($75/hr)
• SFA Consultants, Inc. 49% of Permit Fee
($75/hr)
• EsGil Corporation 56% of Permit Fee
($87.15/hr)
Selection Guidelines: (per 3.03.040)
• Each of the above are well known for there quality Plan Review Services.
• SFA and EsGil provide their service at a cost that is at or below the industry
standard.
• Both firms have staff that have provided excellent service to Huntington Beach in
the past.
• EsGil has an extensive staff that can handle projects when other companies are
busy.
pc-sent-h
AttachmeTit 8 - General Fund Revenuelummary
. -
.::::..............................
.............................................................................................................................................................................
Property Taxes $24,800,000 $25,702,000 $25,024,000 ($678,000)
Sales Tax 16,700,000 16,600,000 16,600,000
Proposition 172 Sales Tax 1,100,000 1,144,000 1,144,000
Utility Tax 13,125,000 13,322,550 13,497,550 175,000
Transient Occupancy Tax 1,100;000 1,122,000 1,122,000
Other Local Taxes 4,970,000 5,432,450 5,432,450
Licenses& Permits 4,270,300 4,772,830 4,834,830 62,000
Fines/Forfeitures/Penalties 2,220,000 2,347,000 2,355,000 8,000
Use of Money & Property 6,683,155 6,587,250 6,868,250 281,000
Revenue from Other Agencies 10,325,627 8,536,000 8,536,000
Charges for Current Service 8,759,500 9,980,725 9,254,725 (726,000)
Other Revenue 543,000 477,700 522,700 45,000
Transfer from Other Funds 2,990,000 2,490,000 2,490,000
. .
Tt�t I sm
. ...: 5fl6'' 12 ><:' >>' 8<5Eli >>
........>.......................................f........................................r...........................................................................
::>:::::i::>::>::»:: ;::
:::<::.....:.fia el..fln 0 ..Reven3ue..;;;.W"of .:....... . 9$'t f... Qb ......... ' 7.fit SQS....
;:.;:.;:.;::::.>:. .................... ...............................................�......A...:..�..................... ......r..........................................................................
................................................. ......f................................................................................►.................................................................
Reconciliation of Changes
> hat titti€€>€> »< ><< >Ch iii Etev iue.:...> <> >< >
R �3i .... `> < i trr "cat or <<> ><> > <> > >. sxtrr <> >«>> >' l. t<i. tii.. '>:.. > > >
Property Tax ($678,000) ($678,000)
Utility Tax 175,000 175,000
Licenses and Permits
-Reduce Business License Tax ($ 320,000)
-Increase Business License Fee 186,000
-Increase Building Fees 196,000
Licenses and Permits Sub Total 62,000
Fines/Forfeitures/Penalties 8,000 8,000
Use of Money& Property 100,000 181,000 281,600
Charges for Current Service
-Sewer Fee ($ 1,000,000)
-Police Department Fees 84,000
-Engineering/Inspection Fees 190,000
Charges for Service Sub Total (726,000)
Other Revenue 45.000 46,000
TOTAL ($754,000) ($79,000) ($833,000)
BGTREV97.DOC
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 97-07 Contract with SFA, Inc and ESGIL
Date: November 25, 1996
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for for $350,000 for a Contract with SFA and ESGIL.
If the City Council approves this request, the estimated, fund balance
of the General Fund at September 30, 1997 will be reduced to
$6,194,271 . -
Robert J. Fr nz,
Deputy City dministrator
• fis9707 •
Adopted Budget $3,584,549
Revised Estimate $6,_194,271
Adopted Current
Fund Balanceli! -General Fund Budget Estimate
Beginning Fund Balance $3,227,959. $6,699,000
Budget Surplus/(Shortfall) . 356,590 356,590
Less Approved One-Time Costs (423,319)
Less: Pending Budget Amendments (88,000)
Less FIS 97-07 (350,000)
Plus PERS Refund
Estimated 9/30/97 Balance $3,584,549 $6,194,271
I
Fund Balance -General Fund
i
$6,500,000 -
_.... ......_ ,
57
$6,000,000 -
$5,600,000 -
I
$5,000,000 -
$4,600,000 -
42-Rnn-nnn `T� `
$4,000,000 - N ' $6,194,271
$3,500,000 -
$3,000,000 - _ _
$3,584,549
$2,500,000 -
$2,000,000 -,
Adopted Revised
Budget Estimate
G:WCCTGgFIS.XLS]fis9707
Page 1
E RTI F t G 0 5 75 ISSUE DATE (AdAA/DD/YY)
a1:11i:��e OF - :-SU`.-ANC�
_. .
Nn 11 15/96
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
AWRENCE UNITED CORP. POLICIES BELOW.
.0. BOX 80187 COMPANIES AFFORDING COVERAGE
AN DIEGO CA 92138
COMPANY A CONTINENTAL CASUALTY INS . CO.
LETTER
COMPANY B AMERICAN MOTORISTS INS. CO. / KEMPER
INSURED LETTER
COTT FAZEKAS & COMPANY C
SSOCIATES, INC. LETTER
15583 HARROW LANE COMPANY D
OWAY, CA 92064 LETTER
COMPANY E
LETTER
COVERAGI=S
...... .. .... ........:.. ..... . ...::....:. .. ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH PTOLIG�IES.IMITS SHOWN IV."AFFORDED
DVE BEEN REDUCED DESCRIBED
E PAID CDLAIMSEIN IS SUBJECT TO ALL THE TERMS,
p POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
TR ATE (MMIDD/YY) DATE (MMIDONY)
GENERAL LIABILITY 7 JJ 610 810 0 0 0 6/0 5/9 6 0 6/0 5/9 7 GENERAL AGGREGATE $ 2 O O O O O
OMMERCIAL GENERAL LIABILITY pp pp R t PRODUCTS—COMP/OP AGG. $ 2 0 0 O 0 O
LAIMS MADE �OCcuR. *ADD IT I ONAPIISVEr A T O FORM�I PERSONAL&ADV.INJURY $ 1 000,0001
NOWNER'S&CONTRACTOR'S PROT. ENDORSEMENfgj 0 +i EACH OCCURRENCE $ 1 O O O O O
('I 1 'Y FIRE DAMAGE(Any one fire) $ 50,00
A �}/y�.� MED.EXP.(Any one person) $
AUTOMOBILE LIABILITY 7 JJ 6 10 8 10 0 0. 2 rt y/ ®�7y"7 ve 6/0 5/9 7 COMBINED SINGLE
ANY AUTO LIMIT $ 1 O O O O O
ALL OWNED AUTOS FOR PROFESSION LI ILITY COVE GE, THE BODILY INJURY
SCHEDULED AUTOS AGGREGATE LIMIT IS THE TOTAL IN URANCE (Perpemon) $
HIRED AUTOS AVAILABLE WITHIN THE POLICY PER OD: THE BODILY INJURY
NON—OWNEDAUTOS PAYMENTS FOR INDEMNITY AND EXPE SE (Peraccidenq $
GARAGE LIABILITY
PROPERTY DAMAGE
r,- $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM ADD'L• INSURED E�1DOR` L ' " ' AGGREGATE
xx
F RM
N O OTHER THAN UMBRELLA
WORKER'S COMPENSATION 7 BA 110 5 9 4 0 0 0 6/0 5/9 6 0 6/0 5/9 7 STATUTORY umms
AND EACH ACCIDENT $ 1 O O O O O
EMPLOYERS'LIABILITY DISEASE—POUCY LIMIT $ 1.000100(
DISEASE—EACH EMPLOYEE 1
Pi oTHEIPROFESSIONAL SFN113970938 06/05/96 06/05/99 $1,000,000 EA CLM.
LIABILITY $1,000,000 ANN AGG
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
E: BUILDING SAFTEY PLAN CHECK SERVICES / CITY OF HUNTINGTON BEACH ITS AGENTS,
FFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL
IABILITY PER ATTACHED FORM.
D ..
.;.
CANE FICAT HQL E>A . ; r::::::::::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL
CITY OF HUNT INGTON BEACH MAIL 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN: ROSS CRANMER LEFT,XXW]MKKPA.¢k9VA%M WA XW R0MX
2000 MAIN STREET XXIXXXk�4]i�II€Ac43��L4EI€ ARK
HUNT INGTON BEAC CA 92648
AUTHOR ATIV
t......�. . . �acolD cOR� l 'ricr � r
N-z\.1-1ED I!`SURED: SCOTT FAZEKAS & ASSOCIATES, INC.
r POLICY NO. : 7JJ6108
EFFECTIVE DATE: 6/5
ADDITIONAL INSURED .Y' nanonal.
CITY OF HUNTINGTON BEACH In5l11Zr7 es
comnanies
ITS AGENTS, OFFICERS AND EMPLOYEES ®
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY..
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
I. The following provision is added to paragraph C., - 2) "Bodily Injury'or"property damage"aris-
WHO IS AN INSURED, in the Liability Coverage Ing out of any act or omission of the"ad-
Form: ditional insured(s)" or any of their
employees.
Any person or organization you are required by
written contract to name as an insured (called 3) "Property damage"to:
"additional insured") is an insured, but only with
respect to liability arising out of your premises or a) Property owned, used or occupied
"your work"for the"additional insured." by "or rented to the "additional
insured(s)";
2. With respect to the insurance afforded these
"additional insureds,"the following additional pro- b. Property in the care, custody, or
Visions apply: control of the "additional insured(s)"
or over which the "additional in-
A. The limits of insurance provided on behalf of sured(s)" are for any purpose exer-
the "additional insured" are not greater than rising physical control; or
those required by such contract. In no event
shall the Limits of Insurance in this Coverage c. "Your work" for the additional
Form be increased by such contract, insured(s)."
B. Additional Exclusions C. With respect to "additional insureds" who
are architects. engineers or surveyors, this
This insurance does not apply to : insurance does not apply to "bodily injury,"
"property damage," "personal injury' or "ad-
:1.) "Bodily injury" or "property damage" oa vertising injury" arising out of the rendering
curving after: of or the failure to render any professional
services by or for you, including:
a) All work on the project to be per-
formed by or on behalf of the "addi- 1) The preparing, approving, or failing to
tional insured(s)" at the site of the prepare or approve maps, drawings,
cowered operations has been com- opinions, reports, surveys, change or-
pleted; or ders, designs or specifications; and
b) That portion of "your work" out of 2) Supervisory, inspection or engineering
which the injury or damage arises services.
that,has been put to its intended use
by any person or organization other D. Any coverage provided by this endorsement
than another contractor or suboon- shall be excess over any other valid and col-
tractor engaged in performing opera- lectible insurance available to the "additional
tions for a principal as a part of the insured(s)" whether primary, excess, contin-
same project. gent or on any other basis.
THIS ENDORSEMENT MUST BE ATTACHED T��"GE ENDOR EM T WHEN ISSUED AFTER THE
POLICY IS WRITTEN.
BP 86 04 (Ed. 10 90) AUTHORIZED REPR13SEN VE rinted in U,S.A.
RCAROUTING ' SHEET
INITIATING DEPARTMENT: Community Development
SUBJECT: Contracts with SFA, Inc. and EsGil Inc.
COUNCIL MEETING DATE: January 6, 1997
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attome Attached
Financial Impact Statement (Unbudget, over $5,000) Attached
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'
W .... ..... RETURNED ED O
........
. ....
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATItN FC)R RETURN OF ITEM.
(Below SpaceFor