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HomeMy WebLinkAboutThomas W. Allen - 2008-06-30 �J CONTRACTS SUBMITTAL T ` CITY CLERK'S FFIC 3 T- - I PM 1 53 r To JOAN FLYNN, Clty Clerk Name of Contractor Thomas W Allen Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Hearing Officer Services in Connection with the Condominium Conversion Restitution Fund Amount of Contract $50,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed Initiating Dept to Risk Management El❑ Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ _eA4 Date 3o c)P Name/Eaten ion City Attorneys Office G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THOMAS W ALLEN FOR HEARING OFFICER SERVICES IN CONNECTION WITH THE CONDOMINIUM CONVERSION RESTITUTION FUND MATTER THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and THOMAS W ALLEN, a sole proprietor hereinafter referred to as "CONSULTANT " WHEREAS, CITY desires to engage the services of a consultant to perform hearing officer services on behalf of CITY in connection with the Condominium Conversion Restitution Fund matter,and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relatmg to procurement of professional service contracts have been complied with,and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows 1 SCOPE OF SERVICES CONSULTANT shall provide all services as described in ]Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the"PROJECT" CONSULTANT hereby designates Thomas W Allen who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 17769 1 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on : (1 n z 3 d , 20 D 8 (the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown m Exhibit "A" This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein 4 COMPENSATION In consideration of the performance of the services described herein CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee including all costs and expenses,not to exceed Fifty Thousand Dollars($50,000 00) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional 17769 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit"B " 7 DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder including, without limitation, all original drawings designs reports, both field and office notices, calculations, computer code, language, data or programs maps, memoranda letters and other documents, shall belong to CITY and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees agents and volunteers from and against any and all claims damages losses, expenses judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) ansing out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall 17769 3 apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and in the aggregate The above mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY A claim-made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims ansing from work performed in connection with this Agreement If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at 17769 4 the CITY's election, to forthwith terminate this Agreement Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement,the certificate shall A provide the name and policy number of each carrier and policy B state that the policy is currently in force,and C shall promise that such policy shall not be suspended, voided or canceled by either party reduced in coverage or in limits except after thirty (30) days prior written notice, however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense hold harmless and indemnification obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance heremabove required 17769 5 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes social security state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers agents and employees and all business licenses if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all fuushed and unfinished documents exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 heremabove 17769 6 14 COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove)or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail-return receipt requested TO CITY TO CONSULTANT City of Huntington Beach Thomas W Allen,Esq ATTN City Attorney 3322 Via Lido 2000 Main Street Newport Beach,CA 92663 Huntington Beach, CA 92648 17769 7 17 CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parries 19 SECTION HEADINGS The titles, captions, section paragraph and subject headings and descriptive phrases at the beginning of the vanous sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act 17769 8 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law ordinance or regulation contrary to which the parties have no right to contract then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 22 IMMIGRATION CONSULTANT 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 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 17769 9 24 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees such that the prevailing party shall not be entitled to recover its attomey's fees from the nonprevailing party 25 SURVIVAL Terms and conditions of this Agreement which by their sense and context survive the expiration or termination of this Agreement,shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not,in fact,held by the signatory or is withdrawn CONSUL TAN'T's Initials L16 14 - 28 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties oral or otherwise, have been made by that party or anyone acting on that parry's behalf which are not embodied in this Agreement and that 17769 10 that party has not executed this Agreement in reliance on any representation, inducement promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement This Agreement and the attached exhibits contain the entire agreement between the parties respecting the subject matter of this Agreement and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized officers This Agreement shall be effective on the date of its approval by the City Attorney This Agreement shall expire when terminated as provided herein THOMAS W ALLEN, Esq CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By Thomas W Allen,sole proprietor 0 City A orney VD— q&jos INITIATED AND APPROVED AS TO FORM :��City Atto ey Date 17769 11 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Implement Justice Carter's Order for restitution to be paid to good faith purchasers of fraudulently converted condominiums by means of determining how and to whom the monies are to be distributed Potential claimants will submit claims to the City which will then be reviewed by Consultant as to how to proceed with administration. Consultant shall make the final determination on how much and to whom to award the restitution monies Consultant will also be required to make a determination on how best to distribute the restitution money in approximate proportion of each claimants out-of-pocket expenses based on the total restitution available for distribution Consultant shall determine who qualifies as a bona fide purchaser and what qualifies as out-of-pocket expenses under Judge Carter's Order Consultant will determine the credibility of the claim, weight of evidence and adequacy of evidence Consultant shall render a written decision for each claim processed Consultant shall also conduct hearings as he deems appropriate B CONSULTANT'S DUTIES AND RESPONSIBILITIES I Review, understand and effectively implement Judge Carter's Restitution Order in the most efficient manner 2 Determine who qualifies as a "bona fide purchaser' and what qualifies as a legitimate "out-of-pocket expense"for restitution under Judge Carter's Order 3 Determine the criteria to distribute the restitution monies available to date pursuant to Judge Carter's Order 4 Review and process each claim using the criteria to distribute the restitution monies 5 Determine how much and to whom to award the available restitution monies based on the (a)credibility of each claim(b)weight of the evidence and(c)adequacy of the evidence 6 Determine what hearings,if any,are necessary to assess each claim and conduct hearings as deemed appropriate 7 Make a final determination for each claim and provide a written decision on each claim processed and/or matter heard C CITY'S DUTIES AND RESPONSIBILITIES 1 Notify all potential claimants and provide them with a claim form to submit to the City indicating,among other things, the amount of actual out-of-pocket expenses incurred and actual proof in the form of receipts and/or invoices of such expenses 2 Package all claims received and submit to Consultant for review 3 Provide Consultant with all reasonable assistance in a timely manner D WORK PROGRAM/PROJECT SCHEDULE Cannot be determined at this point 17961 EXHIBIT"B" Payment Schedule(Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule $175 00/hr B Travel 1 Charges for time during travel are not reimbursable 2 Automobile expenses are limited to the IRS standard business mileage rate of$0 485 C Billum I All billing shall be done monthly in one-tenth-hour (0 10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it Minimum billing charges are unacceptable CONSULTANT shall only charge for actual time spent For example,minimum of 0 2 hours for phone calls or 0 4 hours for letters is unreasonable unless that is an accurate measure of time spent 2 Each month s bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the case or matter 3 Telephone, cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars($75 00) The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0 25)per page CITY will not pay a fee or charge for telephone calls or facsimiles to CITY Photocopier costs should be no more than the actual cost of duplication,or Ten Cents($0 10)per page,whichever is less 4 CITY will not pay for secretarial time or secretarial overtime CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead For example,time spent for faxing mailing arranging for messengers and calendaring are not acceptable charges 5 CITY will not pay for word processing charges This includes per page or hourly charges 6 The CITY expects that all attorneys will have a library,be it in book or electronic form Consequently the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw 1 Exhibit B 7 CITY will not pay for billing or discussion of bills If CITY has questions about billing or needs additional information on bills, that is not a chargeable event, CONSULTANT should respond without charging CITY for the time required 8 CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case CITY has retained CONSULTANT because of its past experience CONSULTANT shall not charge CITY for work it has done and billed another client for in the past 9 Delivery of work product A copy of every memorandum, letter report calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 10 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall A) Reference this Agreement, B) Describe the services performed, C) Show the total amount of the payment due D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement,and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein 11 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement 2 Exhibit B $° ' INSURANCE AND INDEMNIFICATION WAIVER n Hazch MODIFICATION REQUE TR 1 Requested by City Attorney JUN 3 0 2008 2 Date June 26, 2008 cat °fiHuntingfon Beach 3 Name of contractor/permittee Thomas W Allen, Attorney at Law t"�r° mY6 o$fk�u 4 Description of work to be performed Hearing Officer Services-Condo Restitution 5 Value and length of contract 3 years 6 Waiver/modification request Allow $5,000 deductible on professional liability coverage 7 Reason for request and why it should be granted Professional liability coverage without deductible is very expensive, risk factors do not justify extra expense 8 Identify the risks to the City in approving this waiver/modification None D , 6/26/08 Department Head Signature Date APPROVALS Approvals must be obtained in the order listed on this form Two approvals are required for a request to be granted Approval from the City Administrators Office is only required if Risk Management and th City Attorney s Office disagree 1 Ppproved Management El Denied Signature Date 2 City Attorney's Office Approved ❑ Denied O� Signatur Date 3 City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorney s Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Administrative Services 24048 6/26/2008 5 03 00 PM - CERTIFICATE OF LIABILITY INSURANCE 06 2DATE `5-2 00 8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dominion Insurance Services HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 370 Park Street Suite 8 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Moraga CA 94556 INSURERS AFFORDING COVERAGE INSURED INSURER A. Thomas W Allen Attorney at Law INSURERS 3419 Via Lido Suite 210 INSURER C Newport Beach CA 92663 INSURER INSURERE XL-Greenwich COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE are fire) $ . CLAIMS MADE OCCUR MED EXP(Any are perso $ A PERSONAL B AOV INJURY $ GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ POLICY 0 PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (EaacGdent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Pe accident) QED A i,O � �I� PROPERTY DAMAGE $ (Pe accident) GARAGE LIABILITY P1,WIFER ViC RAI u AUTO ONLY EAACGDENT S ANY AUTO AM ORIN Ty OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU OFR TH EMPLOYERS LIABILITY D E L EACH ACCIDENT $ E L DISEASE EA EMPLOYE $ E L DISEASE POLICY LIMIT 1$ OTHER Limits $lmil/$lmil E Errors & Omissions XLP95 057 42 12-05-2007 12-05-2008 Deductible $5,000 DESCRIPTION OF OPERATIONSILOCATIONS/VEHICL£S/EXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS Retro Date 12-05-2006 CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION SHOULO ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN P O BOX 190 NOTICE TO THE CERTIFICATE HOLD�5FNL EFT BUT FAILURE TO DO SO SHALL 2000 Main Street IMPOSE NO OBLIGATION OR LIABILE INSURER ITS AGENTS OR Huntington Beach CA 92647 REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25 S(7197) 0 ACORD CORPORATION 1988 L_ J r � IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25 S(7197) L J CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1 Date 5/24/08 2 Department City Attorney 3 Requested by Jennifer McGrath 4 Name of consultant Thomas W Allen A7Yaa 2,F 19620 5 Attach the written statement of the specification conditions and other requirements for the requested services provided to solicited consultants 6 Amount of the contract $50 000 7 Are sufficient funds available to fund this contract?' ® Yes ❑ No 8 Is this contract generally described on the list of professional service contracts approved by the City Council?' ❑ Yes ® No 9 Business Unit and Object Code where funds are budgeted 1001 1101 bg 505 10 Is this contract less than $50 000? ❑ Yes ® No 11 Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 12 Is this contract over$100 000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to contract) 13 Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14 Attach list of consultants from whom proposals were requested (including a contact telephone number) 15 Attach proposed scope of work 16 Attach proposed payment schedule f� 4Depirtmen't Head t..Vature l� RICK;A MADRIL 2 Cent I Services Manager 1 If the answer to this question is No the contract will require approval from the City Council REQUEST FOR PROPOSALS LIST Condominium Hearing Officer Thomas Walter Allen 3419 Via Lido #210 Newport Beach, CA 92663 949 673-4507 Katherine J Hamilton 5552 E Peabody St Long Beach CA 90808 562 420-3935 Kermit David Marsh Kramer DeBoer Endelicato & Keane 17011 Beach Blvd, Ste 560 Huntington Beach, CA 92647 714 848-8500 Richard John Murphey 2424 S E Bristol #300 Newport Beach, CA 92660 949 955-0166 Jerry Allan Scheer P O BOX 8272 Newport Beach, CA 92658�5 � �5B Thomas Conrad Wood 22695 Allview Ter Laguna Beach, CA 92651-1553 949 947-1874 17782