HomeMy WebLinkAboutVECTOR SCIENTIFIC, INC - 2003-06-11 Su icy Contracts Checklist for Submittal to
I City Clerk's Office
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(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
1. Name of Contractor: VECTOR SCIENTIFIC, INC.
2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
CONSULTANT TO PROVIDE BIOMECHANICAL AND
ENGINEERING ANALYSIS AND TESTIMONY WITH THE
CASE ENTITLED BROWN V. FURLONG AND CITY OF
HUNTINGTON BEACH, OCSC CASE NO. 02CC16222..
3. Expiration Date: If no expiration date,please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
June 1, 2006
4. Amount of Contract: Under$10,000
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(renewal/amendment/etc)? ❑YES i NO
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested—pursuant to HBMC 3.03.100? 1�YES❑N/A
OR Is the attached contract a SOLE SOURCE? ❑YES 4N/A
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? YES
PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY:
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RECORDS DIV.Check City Clerk's Database for Existing File. '❑DONE
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
VECTOR SCIENTIFIC, INC.
FOR
SPECIALIZED TRAINING CONSULTANTS
Table of Contents
1 Scope of Services......................................................................................1
2 City Staff Assistance..................................................................................2
3 Term; Time of Performance.......................................................................2
4 Compensation ...........................................................................................2
5 Extra Work.................................................................................................2
6 Method of Payment.....................................................................................2
7 Disposition of Plans, Estimates and Other Documents...............................2
8 Hold Harmless...........................................................................................3
9 Professional Liability Insurance.................................................................. 3
10 Certificate of Insurance..............................................................................4
11 Independent Contractor.............................................................................5
12 Termination of Agreement.........................................................................6
13 Assignment and Delegation........................................................................6
14 Copyrights/Patents ....................................................................................6
15 City Employees and Officials.....................................................................6
16 Notices. .....................................................................................7
17 Consent.....................................................................................................7
18 Modification ...............................................................................................8
19 Section Headings.......................................................................................8
20 Interpretation of this Agreement ................................................................8
21 Duplicate Original ......................................................................................9
22 Immigration.................................................................................................9
23 Legal Services Subcontracting Prohibited ............:.....................................9
24 Attorney's Fees...........................................................................................10
25 Survival. .....................................................................................................10
26 Governing Law ...........................................................................................10
27 Entirety . .....................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
VECTOR SCIENTIFIC, INC.
FOR
CONSULTANT AND EXPERT WITNESSES SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this
day of JL tvu2_ 2003, by and between the City of Huntington
Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY, and VECTOR SCIENTIFIC, INC., a Colorado corporation hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
biomechanical and engineering analysis and testimony; and
Pursuant to documentation on file in the Office of the City Clerk, the
requirements of Huntington Beach Municipal Code, Chapter 3.03, relating to
procurement of professional service contracts were complied with;
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 such services as described in Exhibit
"A," which is attached hereto and incorporated in to this Agreement by this
reference. These services shall sometimes hereinafter be referred to as the
"PROJECT."
CONSULTANT hereby designates JEFFREY WHEELER and JON
B. LANDERVILLE who shall represent it and be its sole contacts and agents in all
consultations with CITY during the performance of this Agreement.
Agrecencn11200I Vector Scientific i
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 as soon as practicable after the execution of this
Agreement by CITY (the "Commencement Date"). This Agreement shall expire on
June 1, 2006, unless sooner terminated as provided herein. The Project shall be
completed in a timely and professional manner.
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 into this
Agreement by this reference.
5. RESERVED
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement.
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,
Agreemend2DONVeetor Srientilie 2
memoranda, letters and other documents, shall belong to CITY, and
CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall
occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses,
judgments, demands and defense costs (including, without limitation, costs and
fees of litigation of every nature or liability of any kind or nature) arising out of or in
connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence
or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel.
This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as limitation upon
the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional
liability insurance policy covering the work performed by it hereunder. This policy
shall provide coverage for CONSULTANT's professional liability in an amount not
AgreemenV2003!Vector Scientific 3
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 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).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following PROJECT completion.
If insurance is terminated for any reason, CONSULTANT agrees to purchase an
extended reporting provision of at least two (2) years to report claims arising from
work performed in connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder,
CONSULTANT shall furnish to CITY a certificate of insurance subject to approval
of the City Attorney evidencing the foregoing insurance coverage as required by
this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and
policy;
B. shall state that the policy is currently in force; and
Agreenrient,12003/Vector Scientific 4
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 hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the
performance of this Agreement as an independent contractor herein and not as an
employee of CITY. CONSULTANT shall secure at its own cost and expense, and
be responsible for any and 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.
Agreement!2001Vector 5ciemific 5
•
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 finished and unfinished documents, exhibits, report, and evidence
shall, at the option of CITY, become its property and shall be promptly delivered to
it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work
hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to
any other person or entity without the prior express written consent of CITY. If an
assignment, delegation or subcontract is approved, all approved assignees,
delegates and subconsultants must satisfy the insurance requirements as set forth
in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item
or material produced as a result of this Agreement.
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
Agreement'2003 Vector Scientific 6
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 VECTOR SCIENTIFIC, INC.
ATTN: Scott Field, Asst. City Attorney ATTN: Jeffrey Wheeler
2000 Main Street 5245 Pacific Concourse Drive, Suite 100
Huntington Beach, CA 92648 Los Angeles CA 90045
Telephone (714) 536-5555 Telephone (310) 643-1110
FAX (714) 374-1590 FAX (310) 643-1114
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.
Agreement`2003Nector Scientific 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be
valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and
descriptive phrases at the beginning of the various sections in this Agreement are
merely descriptive and are included solely for convenience of reference only and
are not representative of matters included or excluded from such provisions, and
do not interpret, define, limit or describe, or construe the intent of the parties or
affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not strictly for or against
any of the parties. If any provision of this Agreement is held by an arbitrator or
court of competent jurisdiction to be unenforceable, void, illegal or invalid, such
holding shall not invalidate or affect the remaining covenants and provisions of this
Agreement. No covenant or provision shall be deemed dependent upon any other
unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires, Nothing contained herein shall be
construed so as to require the commission of any act contrary to law, and
wherever there is any conflict between any provision contained herein and any
present or future statute, law, ordinance or regulation contrary to which the parties
Agreement-2003 Vector Sciemiric 8
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.
Agreemmu-2003'Waor Scientific 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 attorney's fees from the non-
prevailing party.
25. Sal RVIVAL
Terms and conditions of this Agreement, which by their sense and
context survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with
the laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and
that each has had the opportunity to consult with legal counsel prior to executing
this Agreement: The parties also acknowledge and agree that no representations,
inducements, promises, agreements or warranties, oral or otherwise, have been
made by that party or anyone acting on that party's behalf, which are not
embodied in this Agreement, and that that party has not executed this Agreement
in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and
the attached exhibits, contain the entire agreement between the parties respecting
Agreernent-'2003Nector Scientific 10
the subject matter of this Agreement, and supercede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject
matter hereof.
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,
VECTOR SCIENTIFIC, INC., a Colorado a municipal corporation of the State of
corporation California
By:
A� N(
, L,J4--�r Cit ttorney
print name (Pursuant To HBMC§3.03.100)
ITS: (circle one)Chairma side ice President re
AND APPROVED AS TO FORM:
By:
City Att ey
print name
ITS: (circle one)Secrets C=Financial
'Office lAsst. Secretary-Treasurer REVIEWED AND APPROVED:
City Administrator
(only for contracts over$50,000.00)
AgreemenV20031Vmlor Scientific
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide collision dynamics, accident reconstruction,
engineering, biomechanical analysis and testimony under the direction of the City
Attorney in connection with the case entitled Brown v. Furlong and City of Huntington
Beach, OCSC Case No. 02CC16222.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
NOT APPLICALE
C. CITY'S DUTIES AND RESPONSIBILITIES:
NOT APPLICABLE
D. WORK PROGRAM/PROJECT SCHEDULE:
NOT APPLICABLE
jmp!conttacts groap`exA!6!111'03
EXHIBIT # B
6-11-03; 9:05AM;Vector c enti is _ .. _ - -.,
ti
EXHIBIT "B"
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule: See attached Fee Schedule
Consultant's fees and costs shall not exceed $7,500 to proved an engineering
and biomechanical analysis of the traffic collision at issue in Brown v.Furlong,
including an oral report(but excluding testimony).
1. 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. 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.
7. 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.
`��.'" 0 ns/cxB-hourly fee/6/6/03 EXHIBIT B 1
EXHIBIT "B"
8. 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.
9. 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,
10. 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.
agreelforms/exH-hourly fee/616/03 EXHIBIT B 2
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Biomechanics
Engineering
_. erytift , Animation www.voctorscientific.com
FEE SCHEDULE (hourly rates in $US Dollars)
Biomechanics
Analysis Testimony
Jeffrey B. Wheeler, MS $275 $325
David A. Dainty, PhD S250 $300
David E. Raymond, MS S180 $230
Vivek Khurana, MSE $170 $220
Engineering
Jon B. Landerville, MSME, PE $230 S280
William J. Kluge, Jr., PE $190 $240
Edward C. Fatzinger, MS $180 $215
Christopher M. Kelley, MSME $140 $190
Teddy R. Vaughn, BSME $120 $170
Animation
Thomas Connors $80/hr
Kristen Reed $801hr
Vector Scientific will produce state-of-the-art computer based simulations, animations, and other visual graphics.
These graphics are based upon engineering and scientific analysis and produced with photogrammetric and other
state-of-the-art techniques. Due to the wide range of possibilities, each production must be individually quoted.
Other Fees
Travel Rate Support Staff Hourly Rate
Mileage $.50/mile Technician $60
Airfare at cost Administrative $60
Lodging at cost Paralegal $80
Parking at cost
Digital Video Equipment Rate Visual Exhibits Rate
Original taping $50/day Large format prints $10/sq ft
$10/tape Custom/other at cost
Tape duplication $30/ea CD $10
DVD $20
Testing Rate Photographic Services Rate
Test materials/supplies at cost 35mm Photographs:
Equipment rental at cost Original prints $1/ea
In-house equipment per quote Reprints $1/ea
Outside services/Consultants at cost Enlargements at cost
Custom /Other at cost
Legal Evidence Rate
Vehicle storage—inside $250/r%o. D'gital Photographs:
Vehicle storage—outside $150/mo. Originals $.30/ea
Storage of other evidence for a quoted fee
Proprietary Property of Vector Scientific, Inc. Effective Date: May 1, 2003
5245 Pacific Concourse Dr. Suite 100 ■ Los Angeles,CA 90045 ■ Tel: (310)643-1110 Fax: (310)643-1114
602 Park Point Drive,Suite 285 ■ Golden, CO 80401 ■ Tel: (303)697-9977 Fax: (303)697-9978
b Z / - 1F 7. 4 _. y _ -_. _•I - ._. c 1 C 4
FROM :Vector Scientific, Inc. FAX NO. :303-670-7796 Jun. 13 2003 01:08PM P2
Policy Number: 978.1713 Renewal Of: 9783470
LEXINGTON INSURANCE COWANY
Wilminglon, DeNware
(A STOCK INSURANCE COMPANY)
Administrative Offices: 200 State Streer, Boston, MassachuscWq 02109
DECLARATION PACE
PROFESSIONAL LIABILITY POLICY
This Policy provides coverage on a Claims-Made Basis.
Please read the entire policy carefully.
ltcml.
Named Insured: Vector Scientific, Inc. WROVEDAS TO FORM:
Firth: ��YIG
, ?)ENNNIIFER MgORATH,City Attorn•—
Address: 38C+4 S. Volley Drive
City: Evergreen Srat(CO Zip: 90439
Business Entity: C:orpnration
itern 2. Professionnl Services: forensic Consulting
liem 3. Policy Period; From: 11/13/02 To: 11/13/03
at 12:01 a.m.standard time at the address of the Named Insured stated obovc.
ltew 4. Retroactive Date. 11/13/01
Item 4n. . Extended Discovery Period: 3 years at 175%of annual premium
Item 5, Limit/Claire: S 7.000,000
Limit/AQgregntc: $ I,000,000
The ench claim/limit and the nggrcgate limit of liability are inclusive of defense costs,charges
and rclatod cxpenscs
•ir.ti c.MTa^.G7 1E G'tIVOiFO A6,;;;U:-.I'Ld,
item 6. Deductible Per Claim: $ 2.500 'INE COVERAGE:I)Nf'E?T?.'P'N0NA17t41iTre
'SI RWC ACr. T?iF ly$11;F.A ib51?+NG THIS
item 7. Devcriptinn: i'rofessionnl Liability insurance GONT;AOT iS NOT LICERSrt1 iN COLOAAD"
11'UT 15 AN APPROve Nf,mrEk1T:'FI?r?4suilEa
Annual Premium: $4,GS8.QQ TI1ER�IS NO MOTF.Ci1()N UN UP THt.'
I^ROWSION 6F THE COCt7MADO 1N411Ae.Nr,r
OUANNTY AMOrIATION ACT'
Surplus Lines Tax. $144.24
'THIa Pool Icy 's A C:FfN,n.IAAnr:i'M10
Sun; $9.32 WHICH Pi WIDGR I1AMUTY COVERA012 O I.V
rF A CLAM IS MADE O11P.1Nn 1HG.FOLiCY
Policy/Filing Fcc: fi151}.00 PrQI0I,ON ANY APPLICAM CXTF.NDEc
mcrn r{rrhie ncwQrr
Item S. Endorsements: CM FPI,(7/99); LF.X-CM MAE 11/01; n r d vs. III-sureci Exclusion;CME-077;
70659(5/98)
By acceptance of this policy du Insurccl agrees that the statements in the application anti any ether nmttchme1nts thereto are die
insured's agreement qnd representation and that this policy embodies all ngrocments bt4[wten the Insured and the Cmt11»ny or
any of its representatives with respects thereto.
Date M]mile: November 12. 2002 Countersigncd by:
Jolin B, Gould
Authorized 11cpresentative
0 R & N /k L
JUN-13-2003 11:57 303 670 7796 99% P.02
INSURANCE AND INDEMNIFICATION WAIVER
, . 5. ' MODIFICATION REQUEST
1. Requested by: Scott Field, Assistant City Attorney
2. Date: June 23, 2003
3. Name of contractor/permittee: Vector Scientific, Inc.
4. Description of work to be performed: Biomechanical and engineering analysis and
testimony.
5. Value and length of contract: Over $50,000 - June 1, 2006
6. Waiver/modification request: Waive the $2,500 deductible and the required provisions of
"claims made policy" for the Professional Liability Insurance Certificat
7. Reason for request and whir it should be granted: Insurance company is unable to
comply with the City s requirements .
8. Identify the risks to the City in approving this waiver/modification: Minimal risk.
epartment He t ignature Date
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management /
❑"Approved El Denied
� Signature Date
2. City Attorney's Office
,-bapproved ❑ Deni
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
wavierl 6/23/2003 4:07 PM
• ' _ PROFESSIONAL SERVICE CONTRACTS
i ,a
- x l PURCHASING CERTIFICATION
RECEIVED
1. Requested by: Scott Field, Assistant City Attorney JUN 16 2003
2. Date: June 6, 2003 CIy of Huntington Beach
Glty Attorneys Office
3. Name of consultant: Vector Scientific, Inc.
4. Description of work to be performed: Consultant to provide biomechanical and
engineering analysis and testimony in connection with thecase entitled Brown v. Furlong
& City of Huntington Beach, OCSC, Case No. 02CC16222.
5. Amount of the contract: $50,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10015301.69380
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ❑ Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
Explanation:
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
CHAR AMADRIL,'Man ger
Purchasing/Central Services
` If the answer to any these questions is"No," the contract will require approval from the City Council.
Docum=6 6/6/2003 4:36 PM
w
Biomechancial and Engineering Analysis and Testimony
Proposals for
Brown v. Furlong/City of Huntington Beach
Alan M. Nahum, M.d., F.A.C.S. Thomas F. Fugger, Jr., P.E.
Medical-Legal Consultants, Inc. Accident Research & Biomechanics, Inc.
6361 Nancy Ridge Drive 27811 Avenue Hopkins Suite #1
San Diego, CA 92121 ` Valencia, CA 91355
(858) 457-9711 (661) 257-8189
FAX (858) 457-9775 FAX (661) 257-0871
Carley C. Ward, Ph.D. Jeffrey B. Wheeler
Biodynamics Engineering, Inc. Vector Scientific, Inc.
PO Box 722 5254 Pacific Concourse Drive, Suite 100
Pacific Palisades, CA 90272 Los Angeles, CA 90045
(310) 454-0924 (310) 643-1110
FAX (310) 454-8747 FAX (310) 643-1114