HomeMy WebLinkAboutWELLE, BALLARD & MONDO - 2005-03-07CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
LETTER QF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: r
TO:
ATTENTION: C'�GG-fit) �J dd eza .
DEPARTMENT:
REGARDING:
See Attached Action Agenda Item -�o Date of Approval OS
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
City Clerk
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(Telephone: 714-536-5227 )
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Council/Agency Meeting Held:
Deferred/Continued to:
-b(p,pproved ❑ Conditionally Approved ❑ Denied
C' le k' Sign re
Council Meeting Date: March 7, 2005
Department ID Number: CA 05-08
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CITY OF HUNTINGTON BEACH --'
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR C TY COU EMBERS -
SUBMITTED BY: PEN OPE C�JLBRETH-GRAFT, CVTY ADM TRATOR
PREPARED BY: Jennifer McGra�4,ity Attorney/Daniel Villella, Finance Officer/Chuc
Thomas, Acting Director of Administrative Services
SUBJECT: Approve an Agreement with Weule, Ballard & Mondo LLP for Hearing Officer
Services for Appeals Process of Property Tax Override Refunds and
Authorize the Appropriation of $76,000 from the Property Tax Override
Refund Fund for Additional Expenses Related to the Refund Process
[statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status; Attachment(s)
Statement of Issue: On September 20, 2004, the City Council adopted Ordinance 3663
establishing the appeal procedure for tax refund claims filed in connection with Howard Jarvis
Taxpayers Association case v. County of Orange. This procedure requires a Hearing Officer
to act on appeal of denials of tax refunds. An appropriation of funds from the Property Tax
Override Refund Fund is needed in .order to cover the expenses related to the Hearing
Officer Contract and other anticipated costs related to bringing the issue to a close.
Funding Source: Property Tax Override Refund Undesignated Fund Balance (Fund 707 —
Fiscal Impact Statement attached).
Recommended Action:
1. Approve an agreement with Weule, Ballard & Mondo LLP for Hearing Officer Services
and authorize the Mayor and City Clerk to execute the agreement.
2. Authorize the appropriation of $56,000 from the undesignated Property Tax Override
Refund Fund (707) balance to the Property Tax Override Refund expense account
70730101.69365 (contractual services) for expenses to the County for property tax
database information.
3. Authorize the appropriation of $20,000 from the undesignated Property Tax Override
Refund Fund (707) to the Property Tax Override Refund expense account
70730101.69365 (contractual services) for the Hearing Officer Contract.
Alternative Action(s):
Do not approve the contract and instruct staff on how to proceed.
Do not approve the requested appropriation of funds in whole or in part and instruct staff on
how to proceed.
E(0
REQUEST FOR ACTION
MEETING DATE: March 7, 2005 DEPARTMENT ID NUMBER:CA 05-08
Analysis: On September 20, 2004, Council adopted Ordinance No. 3663, which modified
an earlier ordinance and established an appeal procedure for tax refund claims related to the
case entitled Howard Jarvis Taxpayers Association v. County of Orange. This ordinance
established a procedure for approving refund claims, as well as hearing appeals where
claims were denied. The ordinance requires that a hearing officer flake evidence and then
uphold, modify or reverse the denial of the claim. To avoid any hint of bias, a neutral third
party will serve as the hearing officer.
To date, staff has received over sixty (60) appeals, the majority of which were originally
denied in part or in whole due to submitting the claim after the established deadline for refund
claims. Property owners had until January 4, 2004 to submit refund claims for tax years
1997-98 through 1999-00. Those filing after this date are only eligible to receive a refund of
taxes paid in 2000-01 (the last year the tax was paid). April 1, 2005 is the deadline for
submittal of claims for 2000-01. Hearings are being scheduled through the City 'At+orney`s
office and will be held during the months of March and April.
A Request for Proposals (RFP) was sent to a number of law firms with experience in
;providing hearing officer services. Staff has selected Weule, Ballard & Mondo l._LP of Irvine.
A principal with the firm, Mr. Glenn Mondo, will serve as the hearing officer.
In addition to approval of the contract this evening, Council is being asked to authorize an
additional $76,000 from the Property Tax Override Refund Fund to ;over additional expenses
related to the processing of the refund claims and appeals. Because the 20C14-05 budget
as developed prior to the establishment of the appeal procedure, it currently only provides
hinds for consultant services related to the processing of refunds. The $76,000 includes at,
estimated $20,000 for hearing officer services and $56,000 of expenses to the County for
property tax database information. Council approved an agreement with the County and an
appropriation of $50,000 on March 1, 2004; however, the appropriation did not take place at
the time. Since this was during the last fiscal year, the appropriation to the current fiscal year
budget must be approved. Also, since that time, the final cost of the County work is now
known ($56,000).
Environmental Status: Not applicable.
Attachment(s):
1
2
3
Contract with Weule, Ballard & Mondo for Hearing Officer Services
Memo dated 2/22/05; Retirement Tax Refund Project Update
Fiscal Impact Statement
G:IRCA120051RCA HJTA Hearing Officer and Appropriation.doc -2-
2/23/2005 7:32 AM
ATTACHMENT #1
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WEULE, BALLARD & MONDO, LLP
FOR HEARING OFFICER SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance...................................................................... .....................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents
...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
WEULE, BALLARD & MONDO, LLP
FOR HEARING OFFICER SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this day of
m4qo-g- 2005, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and Weule, Ballard
& Mondo, LLP, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to serve as a
hearing officer to act on property tax refund appeals; 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 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 Glenn Mondo, who shall represent it
and be its sole contact and agent in all consultations with CITY during the performance of
this Agreement.
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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 schedule may be amended to benefit the PROJECT if
mutually agreed to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT $150.00 per hour, plus costs, as specified in Exhibit "B".
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
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,
2
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
CKSMF-111�1�
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
91
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. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty
rd
(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.
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
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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 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
C
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
ICIX919 ►R151NIF12W
City of Huntington Beach Glenn Mondo, Esq.
ATTN: Scott F. Field, Assistant City Attorney Weule, Ballard & Mondo, LLP
2000 Main Street 18881 Von Karman Avenue, Suite 1225
Huntington Beach, CA 92648 Irvine, CA92612
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 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.
7
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
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.
8
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.
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, 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. 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,
X
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 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.
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.
WEULE, BALLARD & MONDO, LLP
Mondo, Managing Partner
REVIEWED AND APPROVED:
ity Administrator
CITY OF HUNTINGTON 13 EA C H
a municipal corporation of the
State of Califo is
ity Cler � y/,�
APPROVED AS TO FORM:
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Aupmey
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REVIEWED, INITIATED AND APPROVED:
C - -,�"
Acting Admini-strative Services Director
10
EXHIBIT #A
EXHIBIT "A"
SCOPE OF SERVICES:
The City of Huntington Beach has denied claims for refunds of the City's retirement property
tax. CONSULTANT will serve as a hearing officer to hear appeals from denials of claims.
CONSULTANT will be available for hearings a minimum of ten (10) hours per week between
February 1, 2004 and May 30, 2005.
CONSULTANT will provide all necessary clerical, copy and mail services related to the hearing
decisions.
In conducting hearings, CONSULTANT shall:
1. Maintain impartiality toward all participants in the hearing at all times;
2. Decline hearing the appeal if he or she is not able to be impartial;
3. Decline to hear any appeal where CONSULTANT or a member of
CONSULTANT's immediate or extended family is the claimant, a claimant's
spouse or domestic partner, or an officer, director, or trustee of the claimant.
4. Decline to hear any appeal where CONSULTANT or a member of
CONSULTANT's immediate family has or has had a significant professional,
financial or personal relationship with the claimant or claimant's representative;
EXHIBIT #B
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:
$150.00 per hour
B. Travel
I . Charges for time during travel are not reimbursable
2. Automobile expenses are limited to the IRS standard business mileage rate of
$0.405.
C. Billing
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.
agree/forms/exA/ 10-01
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.
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.
S. 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
agree/forms/exA/ 1 U-01
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.
agree/forms/exA/10-01
T-891 P.002/003 F-951
DEC-15-04
ACDRD
14:31 FROM-Narver Assoc. +6262991010
CERTIFICATE OF LIIf► SILL I Y 11MQ ,.rr%MiMI1_.r_-
PRODUCER
)`Tarver AssaCiatee , InC: _oLo�4V
641 W. Lac Tun" Drive ���
PO sox 1509
San Gabriel. CA 91776
Phone--626-943-2200 Fax:626-299-1010
INSURED
Weule Bal-lard & Mondo`� %�l�/L
Glenn MondO, Managing artuer
18881 Von �XTnan Ave �1225
Yrvine CA 92612
CMPRAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1W
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOI
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I•KEF
POLICIES. AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CI
LTR
NSR
TYPE OF INSURANCE
POLICY NUt+ReE
SOERAL LIADILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 1:1 OCCUR
GEN'LACGREGATE LIMIT APPLE$ PER:
IF CY JPECOT- 17 LOC
AUTOMOBILE
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ALL OWNED AUTOS
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NON -OWNED AUTOS
GARAGE
LIABILITY
ANY AUTO
EXCESSRIMORSLLA LIADIIJITY
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❑EDUCTI84E
RETENTION S
WORKERS COMPENSATION AND
EMPLOYIrRS' LIASILI"IY
ANY PROPRIETORIPAATNERIUECUTIVE
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A professional 9613602/2
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DESCRIPTION OF OPERATIONS!WCATIONS1VEHICLES !E XCLUSIONSADDEE,
*10 day notice of canoal,lation in eve n';
Retro date: 4/1/92
City of Huntington Beach
Scott F. Field
Assistant City Attorney
2000 Main Street
Huntington Beach, CA 92648
WWLE-1 I 1W 15 U4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFFERS NO RIGHTS UPON THE C511TMICATE
HOLDER. THIS CERTIFICATE DOES NOT AMENQ, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW -
INSURERS AFFORDING COVERAGE
INSURER A Carolina c�eualeX inounnco
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INSURER s:
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I NSURER E:
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II AD NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. NOTWITHSTANDING
L VENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
4 MS.
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DATE MMIDpIYY
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PREMISES (Ea cccurance)
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$
S
$
5
MED EXP (Any one person)
PERSONAL $ ADV INJURY
GENERALAGGREGATE
PRODUCTS • COMPIOP AGG
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COMBINED SINGLE LIMIT
(Ea e60fConl)
$
$
S
BODILY INJURY
(Per Parson)
BODILY INJURY
(Per ercidWt)
PROPERTY DAMAGE
(Poramiderd)
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E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
04/01/04
04/01/05
Ea Claim $1,000,000
AUlgregate $$1,000,000
w £NDOR35N4NT I SPECIAL PROVISIONS
of no3apayment of premium.
CANCELLATION
P irzy CT)N SHOULD ANY OF THE ABOVE DESGRIPED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI
I?AYE THEREOF, 714E ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WR1TTrN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIfE LEFT, BUT FAILURE TO Do So SHALL
IMP%r- NO OBLIGATION OR L1A5.11LITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
25 (2001108)
ACORD CORPORATION 1988
DEC-15-04 14:31 FROM-Narver Assoc. +6262991010 T-891 P.009/003 F-951
IMPORTANT
if the certificate holder is an ADDITIOI 4 kL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer nigh' : to the certificate holder in lieu of such endorsement(s).
If SUBROGATION lS WANED, subje to the terms and conditions of the policy, certain policies may
require an endorsement. A statement c in this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the re, erse side of this form does not constitute a contract between
the issuing insurer(s), authorized reps E sentative or producer, and the certificate Folder, nor does it
affirmatively or negatively amend, ex c !nd or alter the coverage afforded by the policies listed thereon,
25
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Jennifa�McGrath, City Attorneys
2. Date: December 28, 2004
3. Name of contractor/permittee: Weule, Ballard & Mondo, LLP
4. Description of work to be performed: Hearing officer to act on property tax refund appeals
5. Value and length of contract: Under $50,000; I year
6. Waive rlmodification request: waive language in cancellation clause.
7. Reason for request and why it should be granted: Unable to comply w/ ci 's requirement
8. Identify the risks to the City in approving this waiver/modification: None
r
Department
Signature
doos-
Date:
Document3 December 28, 2004 9:45 AM
RFQ LIST
Hearing Officers for Property Tax Refund Appeals
Glenn Mondo, Esq.
Weule, Ballard & Mondo, LLP
18881 Von Karman Avenue, Suite 1225
Irvine, CA 92612
(949) 476-2088
Woodrow Milliman
Suite 2900, 111 S.W. Fifth Avenue
Portland, OR 92704-0634
Aon Consulting
Attn: Bradley Au
707 Wilshire Blvd., Suite 5700
Los Angeles, CA 90017
(213) 630-2900
ATTACHMENT #2
ADMINISTRATIVE SERVICEf
INTERDEPARTMENTAL COMMUNICATION
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: PENELOPE CULBRETH-GRATH, DPA, CITY ADMINISTRATOR
FROM: Chuck Thomas, Acting Administrative Services Director 6
DATE: January18, 2005
SUBJECT: RETIREMENT TAX REFUND PROJECT UPDATE
This memorandum provides an update on the retirement tax refund project.
As of January 18, 2005, the city has:
• Issued 35,358 refund checks totaling $9,735,160.67
• Denied 1,399 claims
• Received .447 appeals
■ 378 appeals have been resolved by manually reviewing the original claim,
reviewing the claim with the claimant or with supplemental information
submitted by the claimant
■ 69 appeals are unresolved and are being scheduled for an appeal hearing
There are $3.65 million of valid, potential claims that could still be filed. This 'un-f led"
exposure will drop to $232,000 in April 2005, when the four-year statute of limitations for
claiming a refund for the last of the applicable collected retirement tax expires. The
statute of limitations for the remaining $232,000 claims will slowly expire over time until
April 2006.
The city has approximately $4.3 million ($1.7 million of impounded 2000-01 retirement
tax revenue and $2.6. million of bond proceeds) available to pay claims, appeals,
processing costs and, eventually, retire debt.
The appeal process is set to begin in February and extend through the end of March
2005. Hearing times have been blocked out in 20 minute intervals three days each
week during those two months. Hearing times are allocated in the morning, mid -day,
and evening. The City Attorney's office has selected a hearing officer who will conduct
the appeal hearings.
The project has two open budget issues: an invoice for $55,300 from the County of
Orange for the assistance it provided the city and a contract amendment with Moreland
w
& Associates to secure their participation on the project until May 2005. Both these
issues will be presented to the City Council at an upcoming meeting.
A third issue, regarding staffing for the project, needs to be resolved. Project Manager
Principal Administrative Analyst Peter Grant recently submitted his resignation from
employment with the city effective January 28, 2005. 1 am taking the necessary steps to
replace him.
Please feel free to contact me at 536-5236 if you have any questions about the
retirement tax refund project.
ATTACHMENT #3
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Penelope Culbreth-Graft, City Administrator
From: Dan Villella, Finance Officer
Subject: FIS 2005 - 9 Approve Contract with Weule, Ballard and
Mondo for Hearing Officer Services and Authorize the Appropriation
of $76,000 from the Undesignated Property Tax Override Refunds
Fund Balance for Additional Expenses Related to the Processing of
Property Tax Refunds
Date: February 7, 2005
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Contract with Weule, Ballard and Mondo
for Hearing Officer Services and Authorize the Appropriation of
$76,000 from the Undesignated Property Tax Override Refunds Fund
Balance for Additional Expenses Related to the Processing of
Property Tax Refunds ".
If the City Council approves this action (total appropriation $76,000),
the estimated unreserved Property Tax Refund fund balance at
September 30, 2005 will be reduced to $1,799,000.
zz
Dan Villella,
Finance Officer
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney/Finance/Adminstrative Services
SUBJECT: Approve an Agreement with Weule, Ballard & Mondo
LLP for Hearing Officer Services for Appeals Process of
Property Tax Override Refunds and Authorize the
Appropriation of $76,000 from the Property Tax Override
Refund Fund for Additional Expenses Related to the
Refund Process
COUNCIL MEETING DATE: March 7, 2005
Ordinance (wlexhibits & legislative draft if applicable)
Attached
❑
Not Applicable
❑
Resolution (wlexhibits & legislative draft if applicable)
Attached
❑
Not A plicable
❑
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
❑
Contract/Agreement (w/exhibits if applicable)
AttachedNot Applicable
Ej
El(Signed
in full by the City Attomey)
Subleases, Third Party Agreements, etc.
Attached
Applicable
ElNot
El(Approved
as to form by City Attomev)
Certificates of Insurance (Approved b the City Attome
Pp y Y y�
Attached
Not Applicable
❑
❑
Fiscal Impact Statement (Unbudget, over $5,000)
hed
Not AttacApplic
❑
Bonds (If applicable)
Attached Not A licable
❑
❑
Staff Report {]f applicable)
Attached
A licable
ElNo#
❑
Commission, Board or Committee Report applicable) If a
p ( pp )
Attached
Not Applicable
El
❑
Find in s/Conditions for roval and/or Denial
g pp
Attached
Not A licable
❑
M! i�. PROFESSIONAL SERVICE CONTRACTS
ee
PURCHASING CERTIFICATION
1. Requested by: Scott Field, Assistant City Attorney
2. Date: Februrary 10, 2005
3. Name of consultant: Weule, Ballard & Mondo, LLP
4. Description of work to be performed: Engage in the services of a consultants to
serve as a hearing officer to act on property tax refund appeals.
u,idcj�
5. Amount of the contract: $50,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
70
.736l0/G92(, `--
7. Company number and object code where funds are budgeted��$8
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.
RICfIARD AMADRIL, Mahage
Purchasing/Central Services
If the answer to any these questions is "No," the contract will require approval from the City Council.
DocumenO 2/10/2005 1:00 PM