HomeMy WebLinkAboutCalifornia Forensic Phlebotomy, Inc. - 2004-05-20Contracts Submittal to
City Clerk's Office
City Clerk
1. Name of Contractor: California Forensic Phlebotomy, Inc.
2. Purpose of Contract: For Example: Audit services or Water Quality Testing Huntington Lake — Huntington Central Park
To provide 24-hour call out phlebotomy services
3. Amount of Contract: $25,000.00
Copy of contract distributed to: The ORIGINAL insurance rb iica e/waiver sent to Risk
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City Treasurer ORIGINAL bonds sent to Treasurer
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Date: 5/20/04
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTO BEACH AND
FOR
THIS AGREEMENT ("Agreement") is made and entered into this �daY of
v umc , 204, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
�dJL ) a �A't l-0✓r1.�4 1i01"�d✓`c,.7��Jv!
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
��Co G� >2 �/R- -�C.-0-V- iW4:E �✓T�`'�' t12 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 lfwry- 1,1'eXt)Iovoyho shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profservl0/15/01 I
2. CITY STAFF ASSISTANCE
CITY shall, assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY .(the
"Commencement Date"). This Agreement shall expire on 3�jy unless
sooner terminated as provided herein.__ All tasks specified in Exhibit "A" shall be
completed no later than ; �. p'1-fs- - , from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." 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 on a time and materials basis at the rates specified in
Exhibit "B," a fee, including all costs and expenses, not to exceed
Dollars ($ o2J, a) ).
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/forms/profserv10/15/01 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
,materials over. to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY. CITY
agree/forms/profserv10/15101 3
shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY
in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and
expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as limitation upon the amount of indemnification
to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000) 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
agree/forms/profsery 10/ 15101 4
,provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days'. prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT .shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's indemnification and defense 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.
agree/forms/profserv10/15/01 5
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all 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/forms/profserv10/15101 6
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: C -i✓ v�
2000 Main Street
Huntington Beach, CA 92648
agree/forms/profserv10/15/01 7
TO CONSULTANT:
W I tlo a -h w-y yL C- .
SJhi U,�e mac,
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.
agree/forms/profserv10/15/O1 8
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 forfull 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/forms/profsery 10/ 15101 9
24. ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement, 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,
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 supercede all prior
agree/forms/profserv10/15101 10
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
wntten.
CONSULTANT,
print name
ITS: (circle one) airman/Preside Vice President
By:
Ifu 4,C—& d- �-' �-- A� /1"
print name
ITS: (circle one) cretary/Chief Financial O er/Asst.
Secretary — Treasurer
agree/forms/profsery 10/ 15101 11
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
12
Director of p
(Pursuant To HBMC §3.03.100)
APPROVED AS TO FORM:
City Atto I/ 5+w-/O�
VED:
(only for contrasts over $50, 000.00)
a
From: Russ Liedholm 949-858-4222 To: Karen Date: 5/13/2004 Time: 5:02:56 PM
'- Mate of Calif_vrni'a
Sacrcmente, CA 9s812
lircrrtarg of $tatr PFont 916:AA5•2020
STATEMENT BY DOMESTIC STOCK CORPORATION
1TH;S STA TEMEN7 MUST 8E .FILED WITH CALIFORNIA SECRETARY OF STAZE;SEC. ' 502. CORPORA T?ON; CODE]
A $5 FILING FEE MUST ACCOMPANY THIS STATEMENT. I
I WHEN COMPLETING FORM, PLEASE USE BLACK TYPEWRITER RIBBON OR BLACK INK I
I IMPORTANT — Please Read Instructions On Back Of Form I
1' DUE DATE 7-9-86
CALIFORNIA FORENSrc_ PHLEBOTOMY, TNCORPORATED
13'708,93
DO NOT ALTER NAMC IF ITEM NO. 1 IS BANK. PLEASE ENTER CORPORATr NAME
Page 2 of 2
DO NOT WRITE IN THIS SPACE
THE CALIFORNIA CORPORATJON NAMED HEREIN,
MAKES THE FOLLOWING STATEMENT
2. STREET ADDRESS OF PRINCIPAL exer-uTIVE OFFICE
POOW. NO.
2A. CITY a SATE
2S. cz; ofi
1020 N. Broadway
; 414
Santa Ana, CA
92701
2. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE W CAOPORN.A
ROOM NO.
3A- crY
39.
ixFfNYIN. Broadway
414
Santa Ana, CA CA
92701
4. MUAII:;NG ADORES$
ROOM NO.
: tA. CITY 8 STATE
AB- _ COJF
1020 N. Broadway414
i Santa Ana, CA
192701
THE NAMES OF THE FOLLOWING OFFICERS ARE:
:
S. CM!£F EXECUTIVE OFFICER SA. BUSINESS OF RCSIDENCE A»RE95
S6. CITY S STATE
SG. : - BODE
Russell A. Liedholm ±1020 N. Broadwav, n414
Santa Ana, CA
92701
6. SECRP.;ART 6A. BUSNESS OR RESIDENCE ADDRESS
6B. CITY a S:A.TE
6C. _- Zane
Russell A. Liedholm 1020 N. Broadway #414
:Santa Ana, CA
92701
7. CHIEF FINANCIAL OFFICER 7A. 9U5!NESS OR RESIDENCE ADDRESS
78. C'TY O STATE
7C. : _ ='I_ -
I
Russell A. Liedholm '1020 N. Broadway #414
Santa Ana, CA
92701
INCUMBENT DIRECTORS, INCLUDING DIRECTORS WHO ARE ALSO OFFICERS (Attach supplemental list if necessary)
8. NAME SA. s_swesS Da RES!DENCE ADDRESS
as. C:TT 9 STATE
BC.
Russell A. Liedholm 1020 N_ Broadway #414
:Santa Ana, CA
92701
9. %AME I 9A. HL'S'IESS OR RESIDENCE AJ^?EFF
gt3. C -` S S7A-6
1 C. ,NA /E 1 OA. 9.'51� E59 pi RE5'0EtiICE ADDR£':
109. CITY A SATE
CC
11. THE NUM-BER OF VACANCIES ON THE BOARD Of DIRECTORS, IF .Avv:
None
DESIGNATED AGENT FOR SERVICE OF PROCESS (Only one agent may be named)
12. NAW£ Russell A. Liedholm
•�
1 J. CA_:v Dim A 8, S 1E55 OF RES=IENCE 47DRES5 .F A sEI- 5 A� :w_ I :-A- .D- !-_- SS =
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14. OESCR:BE TYPE OF BUS :MESS OF THE =0,9PORA-10%
Phlebotomy services.
15. 1 DCCLARE -.A- - MAVE EXAMINeO TWS STATEMENT AND TO THE B^_S KN/O� Dud �C
SIC°- E CORRECT AND COMP_E-E
TTPe OA ►*h 7 N--d OP_OFFICER OR .aeNT V 5.:n T DATE
7EG�ARE T.IERE AS GEE- NO C.IANaF rN T. A INFORMATION CONTA:NED IN THE :-AST SATEMENT OF T.+E CORPORATION wrr:CM 15 O\ FILE :N --E
6' SECRETARY OF STATES OFFICE. OOEs NOT APPLY ON IN1T1A4 FILrNG. (LEAD INSTRUCTIONS BEFORE COMPLETING THIS ITEM)
a Sir-NATURC DATE
ICMEGK NEREI 1Yt� OR PRINT NAM! OF Sd�.N WG O PICCR OR AGENT 6
SO-1W TREY-145) ��.
MAY-13-2004 17:09 CFP 95% P.02
W. W19--
ss L edho.m �d9-858-4222 To. Shama Dale: 5!' 2:20J4 -,me 4 �4A Page 2 : f '2
263 2 Mafguefite Parkway, Suite H-235
CFP
t�liss;.n V ejc, Car�'orrna 32692
24 Hcur Ternri7an ;esporse (7 4) 529.0: 1 9
,dmirisua:,cn 194S) 358.463°
California Forensic Phlebotomy, Inc. Fax (9451 355-.:222
March 12, 2004
City of Huntington Beach
RE: Contract with City
Sirs:
California Forensic Phlebotomy, Inc. is a California corporation. I serve as the
sole officer and board member and own 100c-/o of the stock. I am the only
person that can enter into contracts.
Sincerely,
14�6
Russell A. Liedholm
President
EXHIBIT "A
A. STATEMENT OF WORK: (Narrative of work to be performed)
In an effort to obtain the proper evidence from detainees that are being held for
drug or alcohol related issues, the City of Huntington Beach -Police Department
obtains blood samples. In order to provide this service in-house the Police
Department has certified detention nurses on duty during most shifts. However
during the shifts that a nurse is not available the Police Department contracts to a
certified private agency that provides on -site blood draws. The purpose of
contracting to an outside agency is to provide 24-hour; 7-day a week phlebotomy
service for the purpose of gathering appropriate evidence.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
1. The consultant will provide trained and appropriately licensed personnel to
obtain blood samples from detainees.
2. The consultant will respond to requests from the Police Department to obtain
a blood sample 24 hours a day, 7 days a week.
3. The consultant will respond to the Police Station or a hospital as determined
by the Police Department to obtain the blood sample from a detainee.
4. The consultant will secure and transport the blood sample to the Orange
County Sheriff's Department, Forensic Crime Lab within 24 hours of obtaining.
the sample.
5. The consultant will make sure that when they are in possession of any
samples, the samples will be secured and maintained properly.
6. The consultant will provide court testimony as needed pertaining to obtaining,
securing and transporting blood samples from detainees at no additional cost
to the City.
7. The consultant will provide a monthly billing of services and a report of each
blood draw provided.
8. The consultant will not charge for any request for blood draw calls that are
cancelled within 15 minutes of the original request.
9. The consultant will be allowed to charge the full fee for any request for blood
draw calls that are cancelled after 15 minutes of the original call.
10.The consultant will maintain all appropriate licenses as necessary.
jmpleontracts group/exA/3/l/04
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EXHIBIT "A"
11.The consultant will provide workers compensation insurance of not less as set
forth by City contract provisions.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay contractorafter an invoice is received from the consultant.
2. Review all reports submitted by the consultant.
3. Negotiate rates with the consultant as necessary.
5. Provide overall review of the services.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is
understandable that some services will continue beyond the contract period if the
services are on -going. These on -going services will not have any costs that will
be assessed beyond the contract period.
jmp/contracts group/exA/3/1/04
1. -
• EXHIBIT "B"
Payment Schedule (Per Unit)
A. Per Unit Rate
1. CONSULTANT'S fees for such services shall be based upon the following per unit
rate and cost schedule:
Blood draws from detainees as requested by the Police Department at $68 per
draw.
2. A unit is described as the response to and from a location, the equipment necessary
to obtain blood sample(s) from one detainee, the technician's time, the securing,
transporting and booking of the sample at Forensic Lab of the Orange County
Sheriff's Department.
3. CONSULTANT shall be remitted the full fee for any calls cancelled after 15
minutes of the original call time.
Travel
1. Charges for time during travel are normally not reimbursable and will not be paid as
this service is charged at a unit rate, which has all costs included.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will not pay fees on travel time to or from the greater Huntington
Beach area.
3. When travel expenses are allowed, automobile expenses are limited to the IRS
standard business mileage rate. All other travel expenses must be approved in
advance by CITY in writing. Requests for approval shall be submitted at least
fourteen (14) days in advance, to allow for reduced transportation fares. Meals are
not billable to CITY, without prior written consent of CITY.
C. Billing
1. CONSULTANT shall submit an invoice, as services are provided per unit.
2. 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; and
D) Indicate the response location and the service provided
E) Indicate the date and time of service
agree/forms/exB-per unit fee/3/1/04 EXHIBIT B 1
Per Unit Payment
• EXHIBIT "B"
Payment Schedule (Per Unit)
3. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is fulfilling
the scope of work as described in Exhibit "A," 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.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for
secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For
example, time spent for faxing, mailing, arranging for messengers and'calendaring are
not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
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 work completed and the rate
for such work. CITY shall approve such invoices if the work performed is in
accordance with the extra work or additional services requested, and if CITY .is
satisfied that the work 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/exB-per unit fee/3/1/04 EXHIBIT B 2
Per Unit Payment
` INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
RECEIVED
1.
Requested by: Police
MAR 2 6 2004
2.
Date: March 16, 2004
City otf'untington80ach
3.
Name of contractor/permittee: California Forensic Phlebotomy,
Inc. CstyAftmevsOttrce
4.
Description of work to be performed: phlebotomy services
5.
Value and length of contract: $25,000: 6 months
6.
Waiver/modification request: waiver of deductible
7.
Reason for request and why it should be granted: Contractor
is unable to obtain
insurance without waiver
8.
Identify the risks to the City in approving this waiver/modification:
Minimal as contractor is
highly skilled.
Department Head Signature
d0+
Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
fora request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorneys Office disagree.
1. Risk Management
11_ Approved El Denied '"' ,�``®/ Al
Signature Date
2. City Attorney's Office
� f
Approved ❑ Denied
Signatu D to
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this farm is to be filed with the Risk Management Division of Administrative Services
Document4 3/16/04 4:27 PM
ID DATEfMM/DD/Y1YY)
ACORD- CERTIFICATE OF LIABILITY INSURANCE
LT
— f'AT.-10 03 29 04
PRoOUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ISU Ins Sry - Fullerton Agency
1150 E Orangethorpe Ave, #101
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV
Placentia CA 92870
Phone: 714-577-5800 rax:714-577-5888
INSURERS AFFORDING COVERAGE
NAIC O
INSURED
INSURER /A Mid -Continent General Agency
INSURER B:
California Forensic Phlebotomy
Russ
26012 Marguerite Pk wy H235
Mission Viejo CA 9262
INSURERC:
INSURERD:
IN.SIIRFR F•
COVFRAGFS
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.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MM/DD/Y
DATE MMR)D/YY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1000000
A
X
X COMMEERCIALGENERAL LIABILITY
HPS8175203
11/17/03
11/17/04
111111
PREMISES (Eaoccurence)
$ 50000
X CLAIMS MADE OCCUR
MED EXP (Any one person)
$ excluded
X Prof Liab
HGL9175203
11/17/03
11/17/04
PERSONAL & ADV INJURY
$ 1000000
10-27-97 retro
GENERAL AGGREGATE
$ 1000000
LIMITS SHOWN BELOW
GEN'LAGGREGATE LIMIT APPUESPER:
PRODUCTS-COMP/OP AGO
$Included
POLICY JEL�T LOC
I
$1 O O O ded
AUTOMOBILE
LIA&ILITY
ANYAUTO
COMBINED GINCLE LIMIT
(Eaaccidenq
$
BODILY INJURY
(per person)
$
ALL OWNED AUTOS
SCHEDULED ALTOS
BODILY INJURY
(Per accident)
S
HIRED AUTO
NON•OWNED AUTOS
PROPERTY DAMAGE
,n� a
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
S
ANYAUTO
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$
$
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR CLAIMS MADE
AGGREGATE
S
$
$
DEDUCTIBLE
S
RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
70RY LIMITS I I ER
t.L. tAL'H ACX:NtNI
E.L. DISEASE- EA EMPLOYE
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OFFICER/MEMBER EXCLUDED7
If s, describe under
SPECIAL PROVISIONS below
E.L. DISEASE- POLICY LIMIT
S
OTHER
A
Professional Liab
HPS8175203
11/17/03
11/17/04
Agg Limit 1000000
$1000 Deductible I
I
I
Medical 1000000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
*Cart holder is named as an additional insured as respects to the above
policy limits. *10 Day notice of cancellation will apply for non-payment of
premium.
CERTIFICATE HOLDER CANCELLATION
CI TYHB1 BHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL--990=00 MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L
City of Huntinaton Beach, its _
Agents, Officers 6 Employees
2000 Main Street S
Huntington Beach CA 92648 I AUTHORIZED REPRESENTATiVII/Y A
0
388
1. Requested by: Shawna Krone -Schmidt
2. Date: V. 9, 2004
3. Name of consultant: CFP, Inc.
4. Description of work to be performed: Blood Draws
5. Amount of the contract: $9,000.00
6.. Are sufficient funds available to fund this contract?' ❑ Yes, ® No
7. Company number and object code where funds are budgeted: 10070601.69360
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
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.
4r
RI ARD AMADRIL, Manag .r
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
Purchasing Certification-PL Perrin.dot 3/9/2004 10:16 AM
1. Requested by: Shawna Krone -Schmidt
2. Date: 9, 2004
3. Name of consultant: CFP, Inc.
4. Description of work to be performed: Blood Draws
5. Amount of the contract: $9,000.00
6. Are sufficient funds available to fund this contract?' ❑ Yes, ® No
7. Company number and object code where funds are budgeted: 10070601.69360
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
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.
ZRIARE)rAMADRIL, Managlar
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
Purchasing Certification-PL Perrin.dot 3/9/2004 10:16 AM
Bids for Blood Draws
There are not any other providers of this service in the Southern
California Area. Any other options would require the draw to be
completed at the providers site and transported by a police officer
to the Orange County Crime Lab.
Fountain Valley Hospital
Does not contract to private agencies
Hoag Hospital
Will not draw for evidence purposes
Huntington Beach Hospital
Will not draw for evidence purposes
(12) November 3, 2003 - Council/Agency Minutes - Page 12
(City Council) Directed the City Administrator to Make Improvements As Amended to the
City's Contracting Processes (Including Professional Services Contracts under Huntington
Beach Municipal Code Section 3.03) (120.10)
The City Council considered a communication from Councilmember Jill Hardy transmitting the
following Statement of Issue: At the October 20, 2003 City Council meeting, staff recommended
improvements to the city's contracting processes. I believe the following recommendations
represent effective solutions to recent concerns identified with the contracting process. In addition
to the recommended improvements (listed below), I propose that staff provide the City Council an
update on the contracting process as part of the FY 2004-05 budget process.
A motion was made by Hardy, second (inaudible) as amended to provide that the City Attorney,
not Departments will maintain a log of the contracts they enter into which will be transmitted
quarterly to the City Clerk's office to ensure proper filing and to direct the City Administrator to make
the following improvements to the city's contracting processes within 90 days and provide a report to
the City Council regarding the contracting processes as part of the FY 2004-05 budget process:
a. City Attorney's office will, upon approving a Professional Services Contract (PSA), transmit
the original agreement to the City Clerk's office; and
b. Develop an annual training program for processing all types of contracts; and
C. Develop Administrative Regulations to establish the method for processing
maintenance/service. and public works contracts; and
d. Contracts will not be dated until they are effective (signed by City Attorney's office); and
e. Remove the Mayor and City Clerk signature lines from contracts when not required; and
f. Modify Purchasing Manager Certification to apply to maintenance/service and public works
contracts; and
g. Assign a single department contract coordinator to ensure contract proper processing; and
h. moments -City Attorney will maintain a log of the contracts they enter into which will be
transmitted quarterly to the City Clerk's office to ensure proper filing; and
Staff's professional service agreement signature authority will be capped at $100,000,
agreements over $100,000 will require City Council approval.
City Attorney Jennifer McGrath clarified for Councilmember Dave Sullivan that her office verifies
all documents are accurate, appropriately signed and approved as to form.
(13) November 3, 2003 - Council/Agency Minutes - Page 13
City Clerk Connie Brockway responded to Councilmember Dave Sullivan's inquiry relative to why
she believed City Clerk attestation on city contracts to be necessary stating that a majority of
cities require the City Clerk to always attest to the signatures of city officers entering into contracts
on behalf of the city; that attestation by the City Clerk applies to contracts approved and entered
into that do not appear on city council agendas and to those contracts which do appear on the city
council agenda.
The City Clerk informed Council of an email survey her office had conducted of over forty cities
wherein all but eight cities required the City Clerk to attest to all agreements even those
agreements not appearing on the council agenda. She referred to cities such as the City of Irvine,
Santa Ana and Anaheim which require City Clerk attestation to the signatures of the city officers
just as the City Clerk must attest to the signature of the Mayor on contracts that go through the
city council process. She informed Council of the reasons why she believed her request to attest
to in house contracts was reasonable.
A substitute motion was made by Sullivan, second Coerper to require attestation and limit
contracts to $50,000.
City Attorney McGrath stated her opinion that the city seal or attestation line on city contracts is
not required.
City Attorney McGrath reported on the Huntington Beach Municipal Code Section 3.03 process.
City Administrator Ray Silver reported on the Professional Services Contract process stating in
order to save staff time his office, the City Attorney and Risk Management developed a standard
professional services contract. City Administrator Silver informed Council that staff wants to
improve the system and address the legitimate concerns raised by the City Clerk.
Council voted on the above -mentioned substitute motion made by Councilmember Sullivan. The
motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green,
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
Council voted on the above -mentioned original motion. The original motion as amended by
Councilmember Hardy that the City Attorney, not Departments will maintain a log of the
contracts they enter into which will be transmitted quarterly to the City Clerk's office to ensure
proper filing carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: Sullivan
ABSENT: None