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HomeMy WebLinkAboutTIEMPO ESCROW INC. - 2001-04-05 �� a� �� ��DEI'i4��?TMENTA�L- CI�IEGKLS7 � $ `erg T14�T4OTIIE CITY CLE FFICliG4LREN 0000 & UVDER4E RKF ME= IVTS lLlNG w Yes No N/A Are all blanks filled in on agreement? A Has contractor signed agreement? Are all other signatures (e.g., City Attorney Approval As To Form) on agreement? Does agreement have Exhibits and/or Attachments? . If Yes, Are Exhibits/Attachments marked? Are Exhibits/Attachments attached? Yes No N/A Is Insurance required? If Yes, Is Insurance attached? Is Insurance Approved As To Form by City Attorney If waived, is Settlement Committee approval attached? If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes No N/A ❑ ❑ If this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Clerk's computer program to flag for microfilming/destruction purposes). Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront Hilton/PCH/Atlanta): Professional Services Contract Between The City of Huntington Beach and Tiempo Escrow, Inc. For Escrow Services Termination Date: 21512003 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TIEMPO ESCROW, INC. FOR ESCROW SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance.......................................................................................:........2 3 Time of Performance ...............................................................................................2 4 Compensation ..........................................................................................................3 5 Priorities..................................................................................................................3 6 Extra Work...............................................................................................................3 7 Method of Payment..................................................................................................3 8 Disposition of Plans, Estimates and Other Documents ...........................................5 9 Hold Harmless .........................................................................................................5 10 Workers' Compensation Insurance...........................................................................6 11 General Liability Insurance......................................................................................6 12 Professional Liability Insurance..............................................................................7 13 Certificates of Insurance ..........................................................................................8 14 Independent Contractor............................................................................................9 15 Termination of Agreement.......................................................................................9 16 Assignment and Subcontracting...............................................................................9 17 Copyrights/Patents...................................................................................................9 18 City Employees and Officials ..................................................................................10 19 Notices .....................................................................................................................10 20 Modification.............................................................................................................10 21 Captions...................................................................................................................11 22 Section Headings .....................................................................................................I I 23 Interpretation of this Agreement..............................................................................I I 24 Duplicate Original....................................................................................................12 25 Immigration..............................................................................................................12 26 Legal Services Subcontracting Prohibited...............................................................12 27 Attorney's Fees........................................:................................................................12 28 Entirety.....................................................................................................................13 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TIEMPO ESCROW, INC. FOR ESCROW SERVICES THIS Agreement is made and entered into this 5f` day of 4pvi t 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Tiempo Escrow, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide escrow disbursement services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in the Request for Proposal ("RFP"), and CONSULTANT's Proposal dated November 22, 2000 (both of which are hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." Upon loan approval, the CITY will fund loan proceeds directly to an escrow trust account. CONSULTANT will, upon request and approval from the CITY, the rehabilitation inspector and the homeowner(via fax, or e-mail if signature is possible), disburse payment(s) to 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 contractor(s) as needed. There will often be more than one contractor per loan/project, depending on expertise required. Before the deadline established by the IRS and State for the distribution of 1099 Tax Forms, CONSULTANT will be responsible for sending a 1099 to each of the contractors paid in the form of a loan disbursement or payment through this arrangement. All funds not disbursed, once the program time limits for construction have elapsed, are to be returned to CITY for appropriate disposition. All conflicts and questions that arise as to the appropriateness of any payment considered are to be directed to CITY for resolution. CONSULTANT will not have the responsibility or authorization to resolve conflicts between any of the parties. CONSULTANT will provide CITY with an accounting of its services and disbursements on a monthly basis and will bill CITY for its services on a monthly basis as set forth herein. There will be no extra charges for the monthly accounting and billing. CONSULTANT hereby designates Linda J. Campbell, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than 24 months from the date of this Agreement. These 2 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT at the rates and fee schedule set forth in Exhibit"A,"a total contract amount not to exceed Twenty Thousand Dollars ($20,000.00). 5. PRIORITIES. In the event there are any conflicts or inconsistencies between this Agreement, the CITY's RFP, or the CONSULTANT's Proposal, the following order of precedence shall govern: (1) Agreement,(2) the CONSULTANT's Proposal, and(3) the CITY's RFP. 6. 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 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A." B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on 3 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly 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 within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, 4 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 • 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. 8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful 5 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 10. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands,payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented,brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public 6 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be. primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 B. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. D. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice; however, ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate. from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said 8 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of the CITY. 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. 15. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder,at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of the CITY,become its property and shall be delivered to it by CONSULTANT. 16. . ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 17. 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. 9 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 • 18. 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. 1.9. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Economic 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: Director of Economic Development Linda J. Campbell, Escrow Officer City of Huntington Beach Tiempo Escrow, Inc. 2000 Main Street 19093 Beach Boulevard Huntington Beach, CA 92648 Huntington Beach, CA 92648 Phone (714) 843-0101 Facsimile (714) 843-9949 20. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 10 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 21. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 22. SECTION HEADINGS The titles, captions, section,paragraph, subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of 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. 23. 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 affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 • i 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. 24. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 25. 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. 26. 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. 27. 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. 12 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 28. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing, 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 TIEMPO ESCROW, INC., a municipal corporation of the State of California Califamia corporate n By�._ Ar/ print name Director of Economic evelopment ITS: (circle one)Chairma President/ ice President Pursuant to HBMC § 3.03.100 AND APPROVED AS TO FORM: B _ — � X 1 01 � l print name -f ` by Attorney circle on reta / ief Financial Officer/Asst. Secretary— reasurer REVIEWED AND APPROVED: ty Administrator 13 4/s:4-2001 Agree:Tiempo Escrow RLS 2000-1172 1/17/01 � � � � � ��� M, ". -�- � ��� ��� ' 11/22/00 15:23 FAX 714 843 9949 TIEMPO ESCROW-HUNT. BCH. 0001/001 ROW loc. 19093 Beach Boulevard • Huntington Beach, CA 92648 • (714) 843-0101 • FAX (714) 843-9949 November 22, 2000 Department of Economic Development 2000 Main Street Huntington Beach, California 92648 Dear Mr. Duran and Ms. King: Thank you for taking the time to meet with the owners of Tiempo Escrow, Inc. and myself Friday, November 27, 2000, regarding your Home Improvement Loan Program. I have beer. in the business for 29 years and have previously worked with the City of Huntington Beach on different loan assistance programs. I assure you that I will be able to assist you in a very professional and experienced manner. Please be advised that the proposed escrow fees for handling each of the Home Improvement Loans are listed below: There will be a $45.00 charge for each check that is issued to each Contractor and/or Licensed Tradesman, and as authorized by the City of Huntington Beach. In addition thereto, there will be a $20.00 IRS Tax Reporting fee for each check that is P g disbursed to each contractor. I am looking forward to working with the City of Huntington Beach on your Home Improvement Program. ySiinerely, Linda J. Campbell Escrow Officer N3U-22-2000 14 25 714 843 9949 95% P.01 CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member Teri King/t Dvlpt Spec/Economic Dvl p 2. Date of Request March 13, 2001 3. Name of Contractor/Permittee ' TIEMPO ESCROW 4. Description of work to be performed I Administer escrow funds of Ci ty—fund,-d improvement projects in contract with t_ha City. 5. Value of Contract Not-to-exceed $20,000 61 Length of Contract Two (2) years 7. Type of Insurance Waiver or Modification Requested: Unable to comply with the City cancellation clause wording requirement. (a)Limits: $1,000,000 (b)Coverage General Liability 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? N/A 9. Reason for Request for Waiver or Reduction of Limits Unahl a to r•omi 1 ywt•i h tha City's cancellation clause wording_ 10. Identify the risks to the City if this request for waiver or modifications granted None Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve Deny Risk Manager's Signature/DateA (This section to be completed by City Attorney) Recommendation: Approve✓ Deny City Attomey's Signature/D to i Settlement Committee approval 4 ' &rflc quired for this waiver. If Settlement Committee approval is required, submit this form to City Attorney'se placed on the agenda. Recommendation: Approve 1 Deny i City.Council approval [is not] r uired for this waiver. If City Council approval is required,attach this form to the RCA after consideration e S ement Committee. This insurance waiver[is not] on City Council agenda. Reviewer's initials: jmp/mis/inswaiver/3/14/00 CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member Teri King/Dvlpt Spec/Economic Dvlpt 2. Date of Request March 13, 2001 3. Name of Contractor/Permittee TIEMPO ESCROW 4. Description of work to be performed Administer escrow funds of (!it -f mc3Pc3 improvement projects in contract with the City. 5. Value of Contract Not-to-exceed $20,000 6. Length of Contract Two (2) years 7. Type of Insurance Waiver or Modification Requested: Unable to comply with the City's cancellation clause wording reguirement. (a)Limits: $1,000,000 (b) Coverage General Liability 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? N/A 9. Reason for Request for Waiver or Reduction of Limits Unable to comp 1 V wt i h the City's cancellation clause wording_ 10. Identify the risks to the City if this request for waiver or modifications granted None Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve Deny ll Risk Manager's Signature/Date (This section to be completed by City Attorney) Recommendation: Approve Deny City Attorney's Signature/Date Settlement Committee approval [is] [is not] required for this waiver. If Settlement Committee approval is required, submit this form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City.Council approval [is] [is not] required for this waiver. If City Council approval is required, attach this form to the -RCA after consideration by the Settlement Committee. This insurance waiver[is not] on City Council agenda. Reviewer's initials: j mp/mi s/i n s wai ver/3/14/00 CERTIFICATE OF INSURANCE • �vri ���� This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder Tiempo Escrow Inc. Address of policyholder 19093 Beach Blvd. — Huntington Beach, CA 92648 Location of operations Redevelopment Agency of the City of HB Escrow pro]ects Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) —46-0749-5 G Comprehensive BODILY INJURY AND Bu 'Hess Liability 05/01/00 05/01/01 1 ,000,000 PROPERTY DAMAGE --- ------------------------ --- -- - - ------------------- ---------------- This insurance includes: Products-Complete Operations Contractual Liability [►]�SJnderground Hazard Coverage Each Occurrence $1 , 000, 0.00 rd rsonal Injury2 , 000, 000 Evertising Injury General Aggregate $ Explosion Hazard Coverage [y(Collapse Hazard Coverage Products—Completed $ . ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other ; Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ '- 1ttorneg Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Explmtlon Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE 1S NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described.policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder days Name and Address of Certificate Holder before cancellation. If however, we fail to mail such The City of Huntington Beach n ice, no ob ation or liability will be imposed on 2000 Main Street CJM arm r is agents r re esentatives. Huntington Beach, ca 92648 Signature of Authorized Representative Agent 2/21/01 Title Date Agent's Code Stamp AFo Code 558-994 a.3 04-1999 Printed in U.U.S.A. tzllri GRI AN -STAFF 7 7` 6 CERTIFICATE OF INSURANCE This certifies that. ❑ STATE F)OFIRE AND CASUALTY COMPANY, Bloomio, Illinois. ® STATE'FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE__FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder Tiempo Escrow Inc. Address of policyholder, 1,9093 Beach Blvd. — Huntington Beach, CA 92648 Location of operations Redevelopment Agency of the City of HB Escrow projects. Description of operations The policies listed below have been issued to the-policyholder-for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those-policies. The limits of-liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS'OF LIABILITY POLICY NUMBER - TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) a2-46-0749-5 G Comprehensive- BODILY INJURY AND - Bu 'Hess Liability 05/01/00 :05/O1/O1 1 , 000,000 PROPERTY DAMAGE --- ------------------------ --- -- - - - - ---------------------- This insurance includes: �roducts-Complete Operations - Contractual Liability []� nderground Hazard Coverage Each Occurrence $1 , 000, 000 - rsonal Injury [E�advertising Injury General Aggregate $2 , 000,000. xplosion Hazard Coverage [Collapse Hazard-Coverage Products—Completed $ . ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY- Effective Date Expiration Date (Combined Single.Limit) ❑Umbrella Each Occurrence $ ❑ Other Aggregate $ " Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employees Liability Each Accident $ Disease Each Employee $ Disease-Policy Limit $ POLICY PERIOD LIMITS-OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A-CONTRACT OF INSURANCE AND'NEITHER-AFFIRMATIVELY.NOR NEGATIVELY AMENDS, EXTENDS ORALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED.HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice.to the certificate holder_ days _ Name and Address of Certificate Holder before cancellation. If.however, we fail to mail such The City .of -Huntington Beach n ice, no ob ation or liability will be imposed or 2000 Main Street f SPate Farm r is agents r re resentatives. Huntington Beach, ca 92648 Signature-of Authorized Representative Agent 2/21/01 Title Date Agent's Code Stamp 558-994 a.3 04-1999 Printed in U.S.A. AFO �fi C. ;!t�' ST. ! Mar. 26 01 12: 34p Ste Farm 7+373-5519 p. 2 DF Policy No. 92-46-0749-5 FE•6320 (7/88) ADDITIONAL INSURED 17NDORSEMENT DESIGNATED PREIV iSES ONLY Policy No.: 92-46-0749-5 Named Insured: TIEMPO ESCROW INC Name of Additional Insured: THE CITY OF HUNTING ION BEACH ITS AGENTS, OFFICERS & EMPLOYEES & THE REDEVELOPMENT AGENCY OF THE CITY OF HB Address of Additional Insured: .2000 MAIN ST HUNTINGTON BEACH CA 92648 Interest of Additional Insured: CONTRACTOR OF SERVIC S - NON-CONSTRUCTION Location of Premises: 19093 BEACH BLVD HUNTINGTON BEACH CA 92648- 305 The word "insured", wherever used in this policy, also includ s the designated person or organization named above as Additional Insured under the provisions of the policy Sections shown below as applicable by an "X" to the extent indicated. ❑ SECTION I. This applies only to COVERAGE A - BUIt DINGS.. ❑ SECTION I. This applies only to COVERAGE B - BUS NESS PERSONAL PROPERTY, Description of Property: . © SECTION ll. This applies only to COVERAGE L - BUSINESS LIABILITY and COVERAGE M - MEDICAL PAYMENTS and then only witt, respect to the ownership, maintenance or use of the premises designated above and opeations necessary or incidental thereto. These SECTION II coverages do not apply to: 1. structural alterations or new construction performe I by or on behalf of the designated person or organization; 2. personal injury caused by the designated person ororganization; 3. liability the designated person or organization assume I under a contract; or 4. products-completed operations hazard arising ot t of goods or inventory which are not sold or distributed by you or arising out of the manufacturing r packaging of such goods or Inventory. All other provisions of the policy apply. FE-6320 (7/88) Printed in U.S.A. Date: 03/09/01 Time: 10:10 Aid To: CST TINGTON ! 17143141597 Page: 001-001 R01 .11111 ' i DATE(MWDDfmli1. 13„4 1 ! 2001OL 0307 PRODUCER (800)524-7024 FAX (800)524-4013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ational Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 71895 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Salt Lake City, UT 84171-0895 COMPANIES AFFORDING COVERAGE -......_..... - ----— --------------- ---.__.. COMPANY Fremont Industrial Indemnity - Attn: BROOKE BRISKEY Ext: 123 A INSURED COMPANY Tiempo Escrow Inc. B 19093 Beach Blvd. -- Huntington Beach, CA 92648 COMPANY-T C ------------------------------- COMPANY D I I" .I( I I I, i dl i i�'� I it ��• � Ioj; 4:i � �, I. � i:IN °� THIS IS TO CERTIFYTHAT 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 I DATE(MWDDA^n DATE(MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE E COMMERCIAL GENERAL LIABILITY PRODUCTS.COMP/OP AGG S —I CLAIMS MADE OCCUR PERSONAL&ADV INJURY I 1 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S I•--- ------------------------- FIRE DAMAGE(Any one nre) S I- -------------------------------------------------------- MED EXP(Any one Derson) E AUTOMOBILE LIABILITY -— ANY NJTO COMBINED SINGLE LIMIT E -- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ;` 1 i al (Per pef5on) S 19RED AUTOS BODILY INJURY NON•OWNEDAUTOS (Pereccidem) E PROPERTY DAMAGE S GARAGE LUBILITY G1 ��y, -•-� !:.l �-,� "' •' AUTO ONLY•EAACCIDENT E 1 ANY AUTO OTHER THAN AUTO ONLY: I.I ! '� j� rt f� �'---- ----.--.. ----- Si [T EACH ACOOENT E ------------------------------ AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND TOR LIMITS ER EMPLOYERS'LIABILITY EL EACH ACC DENT S 1,000,000 A JY535082 1 07/15/2000 07/15/2001 ------------ ------ --THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT E 1,000,000 PARTNERS/EXECUTIvE 1 OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE E 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONBNEHICLEB/SPECIAL ITEMS HIS CERTIFICATE INCLUDES A WAIVER OF SUBROGATION THAT WILL BE FOLLOWING IN THE MAIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL (N6X9WX)WNIAIL DIROECTOR OF ECONOMIC DEVELOPMENT —DAYSWRITTENNOTICETOTHECERTIFICATEMOLDERNAMEDTOTHELEFT, CITY OF HUNTINGTON BEACH XpUgy(�pp�p(�IyDy( g�p4�lpE#(p�)(pE%DtXD{AQO(DfrXXXX 2000 MAIN STREET WAX)(IXn(MMXXXMXVAX)C(X AOWYJ)WDtJfkMI(XXXXXXXXX HUNTINGTON BEACH, CA 92648 AUTMORI2E0REPRESENTATIVE Wes Brewer/BPIERC ' M&MMai3