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HomeMy WebLinkAboutWilldan Financial Services - 2010-09-22Name of Contractor: Willdan Financial Services Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Special District Administration Services Amount of Contract: $75,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. Elto Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ ,t Date: NameAensY City Attorneys Office F,4— 1,-,,C - G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Willdan. Financial Services FOR Special District Administration Services Table of Contents Scope of Services 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 Signatories............................................................................................... I.................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I T s PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Willdan Financial Services FOR Special District Administration Services THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and willdan Financial Services , a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Community Facilities District Administration, Delinquency Management, and Disclosure 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 perfonn 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 Gladys Medina who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree( surfnetlprofessional svcs 50 to 100 12-07 1 of I I 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on q — 'g� .z-2— , 20/0 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit three (3) years from "A" shall be completed no later than commencement date from the Commencement Date. The time for perfonnance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all teens and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seventy five thousand Dollars ($ 75, 000.00 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/professional Svcs 50 to 100 12-07 2 of I I compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall agree/ surfnetlprofessional svcs 50 to 100 12-07 3 of I I apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree( surfnetlprofessional svcs 50 to 100 12-07 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. Provide the name and policy number of each carrier and policy; B. State that the policy is currently in force; and C. Shall promise that such policy shall not be canceled by either party, 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 mamier, the premiums on the insurance hereinabove required. agree/ surfnetlprofessional svcs 50 to 100 12-07 5 of 11 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 perfonned 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. agree/ surfnet/professional svcs 50 to 100 12-07 6 of 11 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 notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Arnie Ross 2000 Main Street Huntington Beach, CA 92648 - 2702 agree/ surfiiet/professionalsvcs 50 to 100 12-07 7 of 11 TO CONSULTANT: Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590-4856 ATTN• Gladys Medina Group Manager 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. 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 agree/ surfnetlprofessional svcs 50 to 100 12-07 8 of 11 contrary to law, and wherever there is any conflict between` any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surfnet/professional sves 50 to 100 12-07 9 of 11 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 nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSUL.TANT's Initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that agree/ surfnet/professional Svcs 50 to 100 12-07 10 of 11 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 hatter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, Willdan Financial Services COMPANY NAME Mark J. Risco, Senior vice President print name ITS: (circle one) Chairman/Presiden ice President AND By: Roy Gill, Corporate Secretary print name ITS: (circle one Secreta Chief Financial Officer/Asst. Secretary — Treasurer agree/ surfnet/professional svcs 50 to 100 12-07 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California / l/ - i/ City Administrator INITIAT D AND APPROVED: Finance Director/Chief APPROVED AS TO FORM: City Attorney Date 9� Zy/ La /0 EXHIBIT "A" A. STATEMENT OF WORK: Willdan Financial Services will perform all necessary special district consulting and related services for Community Facilities Districts, Delinquency Management, and Municipal/Continuing Disclosure. Services will include the maintenance and update of the parcel database to have the ability to track parcel ownership, development status, payment status, and the necessary parcel information to accurately calculate and levy the annual Special Taxes, as well as provide the required Continuing Disclosure documents. These reports can be used for budgeting purposes, planning, economic development, and public information. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Willdan Financial Services hereinafter referred to, as the CONSULTANT, shall provide administration of Community Facilities Districts. Services will include the following: 1. Basic Services 1.1. Review Relevant Documents 1.1.1. Objective: To review significant information pertaining to each of the Community Facilities Districts that will allow for the effective setup and administration of the Districts. 1.1.2. Description: The Consultant will coordinate with the City to obtain and review building permit infonnation, final maps and site development plans, as well as all other relevant information the City has on file. 1.1.3. Deliverable: Summary of findings and list of specific items needed for clarification and complete setup of our files. 1.2. Update Parcel Database/Spreadsheets 1.2.L Objective: To obtain the necessary updated Assessor parcel information from the City, County, and other third party resources necessary to update the database for each CFD. 1.2.2. Description: Create, maintain, and periodically update electronic databases containing parcel basis data and annual Special Tax levy amounts by Assessor's Parcel Number. The databases will be designed to separate the different billing areas, and the necessary acreage information will be identified. 1.2.3. Deliverable: Done. 1.2.4. Completion: Ongoing. 1.3. Determine Maximum and Actual Special Tax Rates 1.3.1. Objective: To annually calculate the Maximum Special Tax rates for each district and based on budget; fund balance and Reserve Requirement information; calculate the actual Special Taxes, as specified in the Rate and method of Apportionment of Special Tax for each CFD, taking into account the Backup or Extraordinary Special Tax calculations. 1.3.2. Description: Utilizing the updated databases, the Consultant will annually calculate and apportion the Special Taxes in accordance with the Rate and Method of Apportionment of Special Tax for each CFD. 1.3.3. Deliverable: Provide electronic database to City staff for review before submittal to County for application to the tax roll. 1.3.4. Completion: Special Taxes to be determined in July of each year. 1.4. Prepare and Submit Tape to the County 1.4.1. Objective: To submit electronic data to the County for placement on the Annual Secured Property Tax Roll. 1.4.2. Description: Provide Special Tax levies for each parcel by Assessor's Parcel Number, formatted in the acquired media, to the County Auditor/Controller's Office for placement on the annual property tax roll. Research, and if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller's Office. The Consultant will manually invoice Special Tax installments that cannot be collected on the County property tax roll on behalf of the City of Huntington Beach. 1.4.3. Deliverable: CD to the County. 1.4.4. Completion: l Oth of August each year: Original submitted to the County 24th of August each year: Resubmittal of corrections to the County 1.5. Prepare and Submit Annual Report on Disk to City of Huntington Beach 1.5.1. Objective: To provide the City with an annual report that presents data relevant to the annual levy, as submitted by the Consultant to the County of Orange. 1.5.2. Description: Prepare an Annual Report. This Report will include: (a) The assumptions used to derive the Maximum and Applied Rates, (b) The amount of delinquent taxes spread over the parcels, and (c) A list of all parcels containing the following information: acreage, residential square footage, rate category (where applicable,) maximum allowable charge, and actual charge. 1.5.3. Deliverable: Annual Reports. 1.5.4. Completion: October of each year (If the City Council requires a copy of the report to set the Special Tax rates, this report could be completed prior to the levy submittal due date.) 1.6. Delinquency Reports 1.6.1. Objective: To detennine the delinquent Special Tax amount per parcel, per district, and to comply with foreclosure covenants. 1.6.2. Description: Upload electronic delinquency information received from the County of Orange Tax Collector's Office to prepare Delinquency Detail Reports. 1.6.3. Deliverable: Delinquency Detail Reports. 1.6.4. Completion: Approximately, February, May, and October of each year. 1.7. Perform Bond Services 1.7.1. Objective: To perform the required bond call spreads, and coordinate the early redemption of outstanding bonds. Provide an annual report to the California Debt and Investment Advisory Commission (CDIAC.) 1.7.2. Description: Utilizing prepayments, surplus funds or other approved sources of funds, the Consultant will calculate required bond call spread and coordinate the early redemption of outstanding bonds with the City and Trustee/Fiscal Agent/Paying Agent. Additionally, the Consultant will provide an annual report to the CDIAC by October 30, in accordance with California Government Code, Section 53359.5 9(b) as amended. 1.7.3. Deliverable: Bond call worksheets and CDIAC reports. 1.7.4. Completion: Bond call spreads (as -needed.) By October 30 of each year — CDIAC report. 1.8. Perform Services Regarding Individual Special Tax Liens 1.8.1. Objective: To provide prepayment information to the City, to individual owners, or to other interested parties, as requested, and prepare Release of Lien documents for parcels that prepay their lien in full. 1.8.2. Description: Provide verbal estimates of prepayment amounts for individual property owners. Calculate written prepayment quotes for individual Special Tax liens, as described in the Rate and Method of Apportionment of Special Tax or by resolution. For parcels prepaying the Special Tax, the Consultant will coordinate the removal of the lien. 1.8.3. Deliverable: Payoff Quotes/Release of Lien Documents. 1.8.4. Completion: As requested/required. 1.9. Meetings with City Staff 1.9.1. Objective: Meet with City staff to discuss the upcoming levy, and review the draft annual report. 1.9.2. Description: Understanding the importance of time, the Consultant would like to meet with the City's staff at least a couple of times during the year, preferably in April/May and in October (could be set up as conference calls, depending upon City staff availability). During the meetings, the Consultant will discuss issues regarding the development status and financial health of the districts, annexations that will affect the Special Taxes, and any other issues that might affect calculating and apportioning the Special Taxes according to the Rate and Method of Apportionment of Special Tax for each CFD. 1.9.3. Deliverable: None. 1.9.4. Completion: To be determined by the City. 1.10 Respond to Property Owners' Inquiries 1.10.1. Objective: To be the initial contact for all questions from property owners, developers, and other interested parties. 1.10.2. Description: Provide a toll -free number to field inquiries from property owners and other interested parties regarding Special Tax installments and related information. 1.10.3. Deliverable: Phone call log delivered annually (or a timeframe that is more suitable for the City.) 1.10.4. Completion: Ongoing. 1.11. Internet Based Site for City Staff and Investors/Public 1.11.1. Objective: Provide Internet -based site that can be used by the City for obtaining specific -parcel information or the public to access Continuing Disclosure information. 1.11.2. Description: A secured Internet site that can be accessed by authorized City employees to retrieve information by Assessor Parcel Number, including parcel development status, annual levy amount and payment status, as well as delinquency information and foreclosure actions. The public can access the Web site at no charge to obtain copies of the Continuing Disclosure reports and Annual Reports (as authorized by the Agency.) 1.11.3. Deliverable: Provide access to the Consultant Website where the information can be accessed. 1.11.4. Completion: Ongoing. 1.12. Attend City Council Meetings 1.12.1. Objectives: Attend City Council meetings at which the Special Taxes for the Community Facilities Districts are to be discussed. 1.12.2. Description: During the City Council meetings, the Consultant will be available to discuss issues regarding the status of the districts, an overview of how the Special Taxes were determined and, if needed, provide details on the effect that the California Government code has on the districts. 1.12.3. Deliverable: None. 1.12.4. Completion: As requested by the City. 1.13. Continuing Disclosure Services The Consultant will provide assistance and advice on ongoing disclosure matters. The Consultant will help the City provide required financial and operating data requested by investors, which would, otherwise, be considered material in keeping securities holders informed of the investment quality of the debt issue. The Consultant will also assist the City in responding to questions from investors and from other market participants. 1.14. Annual Information Statement Preparation With respect to the preparation of the Annual Statement, the Consultant will, through the City's direction provide the following services: 1.14.1. Review pertinent documents relating to the debt issue including the Official Statement, financial statements, and annual reports. 1.14.2. Collect directly from trustees, fiscal agents, state, County agencies, or others' third -party data or other information required, as applicable, for inclusion within the Annual Information Statement. 1.14.3. Analyze the information for accuracy, materiality, and appropriateness. 1.14.4. Provide advice and direction on inclusion and presentation of the infonnation in the Annual Information Statement. 1.14.5. Create a draft of the Annual Information Statement for review by the City. 1.14.6. Discuss any relevant issues with the City regarding the report, and address questions the City may have regarding Disclosure matters. 1.14.7. Finalize and disseminate the Annual Information Statement, including, as necessary, arranging for electronic and paper reproduction. 1.15. Significant Event Notices Upon notification by the City and/or if the Consultant becomes aware, and if deemed to be material, the Consultant will prepare Notices of Significant Events covering events enumerated in Rule 15c2-12(b) for the City's review. 1.16. Dissemination The Consultant will disseminate the disclosure reports through the Municipal Securities Rulemaking Board (MSRB) Electronic Municipal Market Access (EMMA) system and any other party, as directed by the City. The Consultant will also assist the City when requests for information are received, and respond to questions from investors and other market participants. The disclosure reports will also be placed on the Consultant's website for easy access by City staff and investors. C. CITY'S DUTIES AND RESPONSIBILITIES: The Consultant will rely on assistance from the City of Huntington Beach in obtaining the following information. 1. Community Facilities District Administration 1.1. Information related to the districts, such as formation and associated bond facts. This information will assist in the initial setup of the districts and may include, but is not limited to: diagrams and recorded notices for the district; CFD reports, copies of resolutions approved during the formation process for the districts, Rate and Method of Apportionment and copies of pertinent bond documents. 1.2. Annual information related to fund balances for the districts. 1.3. The budget summary to be incorporated into the annual resolution establishing the budget and Special Tax rates for the district. 1.4. An annually updated listing of all parcels that have been approved for any applicable exemptions, if necessary. 1.5. Information regarding land subdivision, issuance of building permits and/or certificates of occupancy (as required by the City of Huntington Beach.) Although the Consultant will annually research information, it may still be necessary to obtain additional assistance from the City. 1.6. Current development plan/tentative maps and annual changes, modifications or updates, if necessary. 1.7. Existing delinquency information. 2. Continuing Disclosure 2.1. The City's Adopted Budget. 2.2. The City's Audited Financial Statements. 2.3. Current fund balances held at the City. The City of Huntington Beach acknowledges that the Consultant shall be relying upon the accuracy of the information provided by the City or their designees and that the Consultant shall not be liable for any inaccuracies contained in such information. The Consultant staff will be providing all of the services needed to complete the required scope of services, while only requesting the specific information listed above from City staff. If necessary, the Consultant would also require that City staff complete the steps necessary to place resolutions establishing the tax rates onto the City Council's agenda. Moreover, specific items relating to bond calls and Release of Liens will require signatures and/or notarization by authorized City staff. EXIIIBIT "B" PAYMENT SCHEDULE (Hourly Payment) A. Hourly Rate CONSULTANT (Willdan Financial Services,) shall be entitled to payments toward the fees set forth herein accordance with the following: Total fees shall not exceed Twenty Five Thousand Dollars ($25,000.00) per year. CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit per year. CONSULTANT shall not continue with any work effort over the amount of the maximum limit per year unless first authorized in writing by City authorized representative(s.) Annual, Three -Year Proposal Summary The quoted annual administration "base fee" for each succeeding year will be subject to an increase, which will not exceed the most recent change in the January -to -January Consumer Price Index (CPI) for the applicable area, as calculated by the United States Department of Labor. Fees are payable as the work progresses, on a monthly basis. Description of Year 1 Year 2 Year 3 Provided Services Base Fee per District: Base Fee per District: Base Fee per District: CFD Administration $2,500 $2,500 plus CPI $2,500, plus CPI Per Parcel Fee per Per Parcel Fee per Per Parcel Fee per District: $2.50 District: $2.50 District: $2.50 Delinquency See Fee Structure Below Management Continuing Disclosure Report — Preparation $1,000 $1,000 $1,000 and Dissemination Payoff Quote $250 $250 $250 (Per Request) Note: Upon the City's request, the above fee structure can be applied to future districts. *The requesting party pays the fees for this service. There is no charge to the City. Delinquency Management The following fees are invoiced to the City as the service is rendered. They are ultimately paid by, or on behalf of, the delinquent property owners. Services Fees Fees Ultimately Reimbursed to City by Property Owner: Delinquency Reminder Letter $15 Delinquency Demand Letter 45 Foreclosure Letter 65 Effect Subsequent Removal from Tax Roll and Record Notice of Satisfaction 110 Payment Plan 200 Subsequent Foreclosure Services 100 — 300 1 of 3 Fees Paid Directly to Willdan Financial Services by Re uestor: Delinquency Demand Payoff t $50 Zero Demand 50 (1) This fee is waived for the property owner (exce t for escrow purposes) or City of Huntington Beach. This fee complies with Section 8833 of the California Streets and Highways Code and/or Section 53356.2 of the California Government Code, which requires recording of a Notice of Intent to Remove Delinquent Special Assessments andlor special Taxes from the County tax roll. It DOES NOT include the County tax roll removal charge, or similar fee, if any. Reimbursable Expenses Willdan Financial Services will be reimbursed for out-of-pocket expenses. Examples of reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (Currently 500 per mile,) and copying (currently, 6¢ per copy.) Any additional expense for reports or, otherwise, from outside services, will be billed to the City. Charges for meeting and consulting with counsel, the City, or other parties regarding services not listed in the scope of work will be at our then -current hourly rates (see "Additional Services" section.) In the event that a third party requests documentation, Willdan Financial Services may, in accordance with Willdan's applicable rate schedule, charge such third party for providing said documents. Additional Services Hourly Rates: services will be based exclusively upon written authorization from City authorized representative(s). Additional services will be billed at the following hourly rates: Title Hourly Rate Group Manager $ 210 Principal Engineer 200 Principal Consultant 200 Senior Project Manager 165 Project Manager 145 Senior Project Analyst 130 Senior Analyst 120 Analyst 100 Analyst Assistant 75 Property Owner Services Representative 55 Support Staff 50 B. Travel Charges for time during travel are not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. C. Billing 1. Delivery of Work Product. A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to the City to 2 of 3 demonstrate progress toward completion of tasks. In the event City rejects or has comments on any such product, the City shall identify specific requirements for satisfactory completion. 2. CONSULTANT shall submit an invoice to the City for each progress 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 to include an estimate of the percentage of work completed. Upon submission of any such invoice, if the City is satisfied that the CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, the City shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld. If the City does not approve an invoice, the 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 the 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. Any billings for extra work or additional services authorized in advance and in writing by the City shall be invoiced separately to the 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. The City shall approve such invoices if the work performed is in accordance with the extra work or additional services requested, and if the 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. 3 of 3 Client#: 6540 WILLDAN CERTIFICATE OF LIABILITY INSURANCE DATE . 09/17/100fYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED u INSURER A Travelers Property Casualty Co of Am Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 INSURER B: Travelers Casualty Ins. Co. of Ameri INSURER C: Catlin Insurance Company, Inc. INSURER D: j INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWODtYY POLICY EXPIRATION DATE 1DD/YV LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Y OCCUR X CONTRACTUAL 6301158PO20 INDP. CONTRACTORS INCLUDED 11/09/09 11/09/10 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1000000 X BFPD, ,AC GENERAL AGGREGATE $2 00�000 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY I X I JEC 1-1 LoC PRODUCTS - COMPIOPAGG s2,000,000 Deductible NONE A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS � 8101158P020 j �CT� APED AS J. WIG 11/09/09 f �O , 14ie; 11/09/10 qq ��77 2-21 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X (Perp rson)URY $ _ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ _— GARAGE LIABILITY ANY AUTO - AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE _- $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB1302P790 11/09/09 11/09/10 X WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EAEMPLOYEEI $1,000000 E.L. DISEASE -POLICY LIMIT $1 000 000 C OTHER Professional Liability AED977441110 11/09/09 11/09/10 $1,000,000 per claim $1,000,000 annl aggr. $10,000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional Services "This certificate rescinds and replaces the certificate dated 11/2/2009** (See Attached Descriptions) City of Huntington Beach Ms. Janet Lockhart, Senior Administrative Analyst, Finance Depart. 2000 Main Street Huntington Beach, CA 92648-2702 SHOULD ANYOF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OB LIGATION OR LIAB ILITY OF ANY KIND UPON THE INS U RER JTS AGENTS OR ACORD 25S (7/97)1 of 2 #M274092 RLL G ACURD CURPVRAIIVN 191313 Re: Communities Facilities District administration, Delinquency Management, and Continuing Disclosure Service City and Its officers, elected or appointed officials, employees, agents, and volunteers are additional insured as respects to General and Auto Liability as required by written contract. (TEMECU LA) AMS 25.3 (07197) 2 of 2 #M274092 COMMERCIAL GENERAL LIABILITY 6301158PO20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTS (ARCHITECTS, ENGINEERS D This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "Written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that'"written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Oflnsurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 0 2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the 'occurrence" or offense took place; 11. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit' is brought against the additional insured, the additional insured must; 1. Immediately record the specifics of the claim or "suit' and the date received; and [I. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 02008 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL AUTO 8101158P020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION it - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization, or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE. - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. C. EMPLOYEE HIRED AUTO I. The following is added to Paragraph. A.1., Who Is An Insured, of SECTION it - LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An' insured, of SECTION 11 - LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" Any person or organization who is required under name, with your permission, while performing a written contract or agreement between you and duties related to the conduct of your busi- ness. that person or organization, that is signed and CA T3 53 06 09 ® 2009 The Travelers Companies, Inc. Page i of 4 Includes the copyrighted material of insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto"- D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who is An insured, of SECTION 11 — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2, The following replaces Paragraph A.2.a.(4), of SECTION it — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured"- (1) For sums that the "insured" legally must pay as damages because of "bodily injury' or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of insurance, of SECTION Ii — LIABILITY COVERAGE: (if) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any Such "suit", but only up to and Included within the limit de- scribed in Paragraph C., Limit Of insurance, of SECTION 11 — LIABILITY COVERAGE, Page 2 of 4 0 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc, with its permission. COMMERCIAL AUTO and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A,4:b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any experses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type, J, PERSONAL EFFECTS The following is added to Paragraph A.A., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "toss" to wearing ap- parel and other personal effects which are; (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION tit - PHYSICAL DAMAGE COVERAGE, - Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph .A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); CA T3 53 06 09 0 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident` or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentatlon, Or Fraud, of SECTION IV —BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. cTirxo .+ BEACH- reProfessional Service Approval Forr; • F9 � 5 $i R Date: 8/12/2010 Project Manager Name: Robert Sedlak Requested by Name if different from Project Manager: Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To provide Community Facilities District administration, delinquency management, and disclosure services 2) Estimated cost of the services being sought: $ $25,000 per year for 3 years 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 40640101. 6) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ® MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Department Head Signature APPROVED & D NIED ❑ City ini trator's Signature // l/-,� Director of Finance's Initials Date (:JC1/6 // v Date Date f Deputy City Administrator's Initials Date BEACH CITY :� '..� �y Professional PAIR Date: 8/2/2010 Project Manager: Robert Sedlak Requested by Name if different from Project Manager: Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Willdan Financial Services 2) Contract Number: FIN 010 050 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 75,000.00 ($25,000 per year for 3 years) 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. �J Director of Finance designee) Signature bate