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HomeMy WebLinkAboutHINDERLITER, DE LLAMA & ASSOCIATES - 1999-06-07��zwz e� —�C� . Cic✓, Council/Agency Meeting Held: Held- Del rredlContinued to: el Cod�tionall Ap roved Denied ;! �f,PIJ Ci Clerk's Signature Council Meeting Date: June 7, 1999::2 Department ID Number: ED-99-31 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS s 7y SUBMITTED BY: RAY SILVER, City Administrator qU PREPARED BY: DAVID C. BIGGS, Director of Economic Development*R�-- ':a�.:- SUBJECT: Approve the Waiver of Professional Liability Insurance for Hinderliter, DeLlamas and Associates a- n Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: An agreement between the DeLlamas and Associates for the implementation $15,000 requires City Council approval of waivin Funding Source: Not Applicable. Recommended Action: Motion to: g Approve the waivier of professional liability insurance for Hinderliter, DeLlamas and Associates for the implementation of the Business Cooperation Program as described in the Scope of Services of Attachment 1, Exhibit A. Alternative Action(s): None. Analysis: In order to implement the city's Business Cooperation Program, the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB 110, Hinderliter, DeLlamas and Associates (HdL) has been selected to assist staff with the program design and implementation. A request for proposals was issued, and HdL was selected as the most qualified. HdL currently advises the City on revenue projections and is familiar with our local businesses. City Council needs to approve the waiver of professional liability insurance before the contract can be approved (Attachment 1). F, 4 REST FOR COUNCIL ACTIOP MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: ED-99-31 California's Sales and Use Tax Regulation 1699.6 allows government entities and qualified businesses to apply for and obtain a Use Tax Direct Paymet Permit from the State Board of Equalization that will allow the tax to be directly allocated to the taxing jurisdiction in lieu of the tax being allocated to a county pool. It is anticipated that the direct payment program will assist the City in receiving its proper share of the Use Tax, estimated to be higher than that received through the pooled method. Pertaining to the insurance requirements and administrative insurance waiver process, City Council Resolution 97-20 requires professional consultants provide $1,000,000 per occurance. HdL requests that the City waive the professional liability insurance. The Settlement Committee is recommending that the waiver be approved (Attachment 2). Environmental Status: Not applicable. Attachment[s1: RCA Author: Runzel X 5224 ED9931a -2- 05/21/99 4:14 PM • Contract between the City of Huntington Beach and 14ind arlitpr npl nmmac anal Accnr-infac ATTACHMENT #1 `' 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HINDERLITER, DE LLAMAS & ASSOCIATES TO PROVIDE STAFF TRAINING FOR IMPLEMENTATION' OF THE BUSINESS COOPERATION PROGRAM Table of Contents 1 Work Statement ......................................... ........1 2 City Staff Assistance ................. ........................................................................ ........1 3 Time of Performance ..................... ...........................................................................2 4 Compensation...........................................................................................................2 5 Extra Work................................................................................................................2 6 Method of Payment ............................................. ...2 7 Disposition of Plans, Estimates and Other Documents............................................4 8 Hold Harmless..........................................................................................................4 9 Workers' Compensation............................................................................................4 10 Professional Liability Insurance...............................................................................5 11 Certificates of Insurance .............................. ................................................ ............5 12 Independent Contractor............................................................................................6 13 Termination of Agreement.......................................................................................6 14 Assignment and Subcontracting..............................................................................7 15 Copyrights/Patents....................................................................... ............... .............7 16 City Employees and Officials..................................................................................7 17 Notices... .................................................................................................................. 7 18 Immigration.............................................................................................................. 8 19 Legal Services Subcontracting Prohibited...............................................................8 20 Attorney Fees...........................................................................................................8 21 Entirety... .................................................................................................................. 9 • 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HINDERLITER, DE LLAMAS & ASSOCIATES TO PROVIDE STAFF TRAINING FOR IMPLEMENTATION OF THE BUSINESS COOPERATION PROGRAM THIS AGREEMENT, made and entered into this 7th day of June , 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Hinderhter, DeLlamas & Associates, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide staff training for implementation of the Business Cooperation Program; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall provide all services as described in the Scope of Services (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Brice Russell who shall represent it and be its primary contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 4-s:4-99Agree: Hinderh R[_S 99-195 3;17r99 TEME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than one year from the date of this Agreement. These times may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the 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 described in Exhibit "A," a fee not to exceed Fifteen Thousand Dollars (S 15,000.00). 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 after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. 2 4-s:4-99Agree: Hinderli RL5 99-195 Y17"99 • • C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed on a task -by -task basis. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to 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. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any 3 4-s:4-99Agree: Hmderh RLS 99-195 3:1 T,•99 • 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. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 9. WORKERS COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against 4 4-s:4-99Agrcc:Hindcr1i RLS 99-195 3117/99 CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. 10. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT'S professional liability in an amount not less than 51,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. 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. 4. The reporting of circumstances or incidents that might give rise to future claims. Under no circumstances shall this insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage in excess of $ -0- . 11. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: a. Provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and 5 4-s A-99Agree:Hindcrli RLS 99-195 3!1 T99 0 C. shall promise to provide that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. CONSULTANT may terminate this Agreement upon thirty (30) days prior notice to CITY. Any termination of this Agreement by CITY or CONSULTANT shall be made in writing, notice of which shall be delivered to CITY or CONSULTANT as provided herein. 6 4-s -4-99Agree a linderli RLS 99-195 317:`99 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of NIIVA 15. COPYRIGHTS/PATENTS CONSULTANT shall retain all rights to any patent or copyright on any work, item or material owned by CONSULTANT and used in the performance of this Agreement. 16. 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. 17. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Economic Development as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONSULTANT: City of Huntington Beach Hinderliter, DeLlamas & Associates Attn: Director of Economic Development 1340 Valley Vista Drive, #200 2000 Main Street Diamond Bar, CA 91675 Huntington Beach, CA 92648 7 4-s:4-99Agree-Hin derh RlS 99-195 3 17i99 18. 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. 19. 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. 20. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Balance of page intentionally left blank 4-s:4-99Agree:I I i nderl i RI-S 99-195 3 17r99 0 0 21. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. HINDERLITER, DE LLAMAS & CITY OF HUNTINGTON BEACH, A ASSOCIATES, municipal corporation of the State of a Cali IIn Lloydpe Llamas, President AND P By: Robert Hmderhter, Secretary REVIEW4D AND APPROVED: California Director of Economic Development Pursuant to HBMC Section 3.03.100 APPROVED AS TO FORM: c CWrAdministrator City Attorney 9 4-s:4-99Agree: H in der] i RL5 99-195 3%17r99 0 0 • 0 Exhibit A Rinderliter, de Llamas & Associates Business Cooperation Program Scope of Services & Compensation Scope of Services: ♦ Program Development — HdL will prepare and City will approve collateral materials to present to target businesses for the Business Cooperation Program, including introductory letters, brochures and forms. All materials will be provided to the City in Microsoft Word 97. Design & duplication of these materials will be at the City's expense. ♦ Staff Training — HdL will provide staff training for up to six staff memberb regarding Use Tax collection and allocation issues. ♦ Business Cooperation Program Workshop — With HdL's recommFndations, the City will sponsor a Business Cooperation Program workshop for target businesses. HdL will give an overview presentation and ans«Ver questions. ♦ Businesses Visitation — With HdL's recommendation, up to six businesses will be selected by the City for the business visitation program. F1dL will take the lead and provide staff training during these visits. ♦ Professional Consultation — HdL will continue to provide professional support to staff through phone contact. Compensation: HdL would charge the City of Huntington Beach on a time and material basis using the following fee structure with a fee not to exceed $2,500 per company contacted, and not to exceed $15,000 for the total Business Cooperation Program. Time and materials records in a format acceptable to the City will be submitted with each invoice. Principal $135.00/ hr Associate $100.00/ hr Senior Analyst $ 75.00/ hr Analyst $ 50.001 hr Certified Public Accountant $175.00/ hr ACOJRO CERTIFfCA* OF LIABILITY INSURWC&Pig DE DATE(F,M,DD!YY} HINDS-3 12/28/98 PRODiCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johns Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0589663 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 660339 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Arcadia CA 91066 COMPANIES AFFORDING COVERAGE COMPANY Phorle No 626-445-7030 Fax No I A Travelers Indemnity Co of IL NSUREG _— COM1raArdY B Travelers Casualty 6 Surety Co Hinderliter, be Llamas & Assoc I-- ---- HdL Coren 6 Cone; and COMPANY HdL Software, LLC C 1340 Valley Vista Dr. , Ste 200 ZOMPANY Diamond Bar CA 91765 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ! LTR - TYPE OF INSURANCE POLICY NUMBER j POLICY EFFECTIVE POUCV ExPIR:.-Tfou + GATE (MM!GD/YY) GATE {MM!GD!YY) LIMITS GENERAL LIABILITY I I GENERAL AGGREGATE i i 2 , 000,000 A s7. COMMERCIALGENER-A-LL'LIABILITY I 466X1677 �- + 12/11/98 12/11/99 PROGJCTS-COMP!OPAGG I S 2 , 000 , 000 CLAIMS MADE [ }(I OCCUR f I I PERSONAL B ADV IN_URY J.$ 1, 000, 000 I A X OWNER'SSCCNTRACTOR'SPRO7 466X1677 12/11/98 12/11/99 EACHOCCURRENCEi1,000,000 j I--RE DAMAGE {Any one fire) S 100,000 MEO EXP (.Any ore pe'scr) E 5,000 B I` AUTOMOBILE LIABILITY X ANY AUTO 789D9966 : CCPABINEC SINGLE LIR91T 5 1,000,000 12/11/98 I 12/11/99 '_ ALL CWNEG AUTOS I + I BODILY INJL'AY a SCHEDULED AUTOS I I =pe+ oerson)- --i -,-�y` :i B XHIREG AUTOS �+ STaO}""'BCGILY IrL„RY`,CN-O'W .E❑ .AI. -CS AS p�Q V'Y pD NX scent)- I I xUTT013 �,e+a_ -- I GAI� A �fl EY PROP-- — ]AFIAGE S l 1 f GARAGE -LAB LITY n0V ? AUTO O, -Y - EA ACC DENT 5 r ~OTHER I By �,y Att ANY AUTO D t {' i TI-AN AUTO ONLY I i +� _--- EACH ACC DENT c �..---------- AGGREGA.TE S =-XCE,SS:.'AB'_I'V I CAvH OCCLRREFIC= s3,000,000 B '-V5REL'AFORM 793DB43 12/11/98 12/11/99 1 AGORECIA-E S3,000,000� OTHER THAN 1JM3REL.,A FORM WCRKERS CvS'aEFJSAT'CN AND I -INC S_TAT..- I0-N. - TOR �IFrIT_. EMPLCYERS- IIAB:LI-Y __--��------ --,- '- - --------- EL EACH ACCIDEN- c 'HE PRCPR:=-OR! . CL I PAR-NERS!EXECUTIVE }� r- D SEASE - DC .ICY '-Ir:7IT S T— — I --------------- OFFICERS ARE.: I EXCL ++ EL DISEASE - EA EMPLGYEE 5 CT -ER I I I I DZ-SCRIPTION D^ CAERAT-Cr4Sn-Cr,A-IOfJSJV=-HICLESISPEC:AL 17EVS *10 day notice for nonpayment of remium // Huntington its Certificate holder (City of is Beach, Aqants Officers and Insured form CG20261165 Employees) named as Additional as per attached. CERTIFICATE HOLDER CANCELLATION HUNT00 3 SHOULD ANY OF THE ABOVE D=SCROEC POLICIES RE CANCELLED SEFCRE THE EXPIRATION GATE THERe P THE ISSL:IIJG COMPANY WILXIMMMM-XXX 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDRR, NAMED TO THE LEFT. City of Huntington BeachiGKK4�]4KR'k'k}��F'A�f Attn: Risk Management 2000 Main Street AUTHCRIZED REPR ESENTAT; VE Huntington Beach CA 92648 n ACORI7 25-5 (1!95) _�� '" ACORD CORPORATION 1988 ' POLICY NUMBER: 466XI677 COMPANY: Travelers Indemnity Co of IL THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section il) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. C6 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 i • Settlement Committee Recommendation ATTA. C---. .-E. T:' • 0 EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member: 2. Date of Request: y- 17-9 3. Name of Contractor/Permittee: -n i Atr 4 l S d' Q 4. Description of work to be performed. c�S�e,Q� a� (� �'y� �� s; �t ess 5. Lcngth o Contract: G. Type of Insurance Waiver or Modification Requested: 7 (a) Limits: (b) Coverage Reason for Request for Waiver or Reduction of Limits: Cam, sk t fo- t does kp ?I Aal+ - 8. Identify the risks to the City if this request for waiver or modifications granted: JV,6AjC1 Department Head Signature: Recommendation: Approve / Deny (This section to he completed by the Risk n9anager) Risk Manager's Signature/Da e (This section to be completed by the City Attorney) Recommendation: Approve Deny City Attorney's Signature/Da II�� Settlement Committee apprQ0e s not] required for this waiver. If Settlement Committee approval is required, submit form to City Attorney's Offlaced on the agenda. Recommendation: Approve Deny City Council appr C [is] not] required for this waiver. If City Council approval is required, attach this form to the RCA after conside y the Settlement Committee., This insurance waiv [is not] on City Council agenda. Ll ?s- 0 implklresoutionl3nsregl2/6198 7 • • RISK MANAGEMENT CITY OF HUNTINGTON BEACH, CA I% APR 15 A 8= 52 4 n �J • 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve the Waiver of Professional Liability Insurance for Hinderliter, DeLlamas and Associates COUNCIL MEETING DATE: i June 7, 1999 RCA ATTACHMENTS STATUS Ordinance w/exhibits & legislative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in f it by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance LApproved by the City Attome Attached Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report if applicable) Not Applicable Commission, Board or Committee Re ort If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RE NED FO DED Administrative Staff Assistant Cit Administrator Initial City Administrator Initial .� City Clerk EXPLANATION OR RETURN OF ITEM: o I Yt�3 RCA Author: Runzel L'vmpauy�� I AddressV '. BDO Seidman f 625 the City Dove I S #250 I 1 Drive, Suite 200 +, Keyser Marston _ l S00 South Gran¢ Assoc., Inc_ j Avenue, #1480 J Municipal Resource ` 1391 Wamer — ConSnitartts 7 A -venue, Ste F Sedway & Three Embarcadero Associates I Ctr_, # l t 50 RSC, i 540 North [iolden Circle, Ste 305 0 City State Zip —_ I'thcxue _---_ : 92A Fwt _ email Y Salutatiusi j FitstName 14-ast!`laase Mr. ` I Ronald R. Williamson (range CA — Diamond Bar CA (909) 861-7T2 4 — Mr. Robert Ifinderliter TCA 1 CA f 3 � 522-8U95 90071 ;14) 9268d 258-2G4 —_T - (714) 258 Ms. I(athe fG 1.05 Artgelcs rust- San Fran— __ i 11 (4I5) 781-8900 3400 4 (415)781- j _ _ Mr_ PauF1 JohsSon —' [941 92705-3914 14) 541- 5585 t Mill { (714) 836- f iccAir—wLff MAY. Jim mon 1749 I AA@wl.co lTO 4 Vuuncial, 4 Economic Info • � f City of Huntington Beach ZooO MAIN STREET CALIFORNIA OZ648 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 714/536-5582 FAX 714l375-5087 Housing 714/536-5542 January 7, 1999 Paul Johnson Sedway & Associates Three Embarcadero Ctr., #1150 San Francisco, CA 94111 Dear Mr. Johnson: SUBJECT: Request for Proposal for Business Cooperation Program Your firm is invited to submit a proposal for designing and implementing a local Business Cooperation Program implementing the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB 110. Enclosed is the request for proposal (RFP) detailing the information needed for your response. The City of Huntington Beach looks forward to your proposal. Should you have questions, please contact Carol A. Runzel at (714) 536-5224. Sincerely, Aavideggs Director of Economic Development Enclosures Q:Carc1lRFPl1nvite.Aoc DC&CAR: c * s J- City of Huntington Beach 2000 MAIN STREET CALI FORNIA 92848 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 714/536-5582 FAX 714/375-5087 Housing 714/536-5542 January 7, 1999 Robert Hinderliter HDL Company 1340 Valley Vista Drive, Suite 200 Diamond Bar, CA Dear Mr. Hinderliter: SUBJECT: Request for Proposal for Business Cooperation Program Your firm is invited to submit a proposal for designing and implementing a local Business Cooperation Program implementing the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB l 10. Enclosed is the request for proposal (RFP) detailing the information needed for your response. The City of Huntington Beach looks forward to your proposal. Should you have questions, please contact Carol A. Runzel at (714) 536-5224. Sincerely, &(d,c--& David . Biggs Director of Economic Development Enclosures G: CaroARF?llnvite. doc DCI3:CAR:Ic City of Huntington Beach i600 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 7141536-5582 Redevelopment 714/536-5582 FAX 714/375-5087 Housing 714/536-5542 January 7, 1999 Kathe Head Keyser Marston Assoc., Inc. 500 South Grand Avenue, #1480 Los Angeles, CA 90071 Dear Ms, Head: SUBJECT: Request for Proposal for Business Cooperation Program Your firm is invited to submit a proposal for designing and implementing a local Business Cooperation Program implementing the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB 110. Enclosed is the request for proposal (RFP) detailing the information needed for your response. The City of Huntington Beach looks forward to your proposal. Should you have questions, please contact Carol A. Runzel at (714) 536-5224, Sincerely, &,� c' David. C. Biggs Director of Economic Development Enclosures G:CaroilRFPlinvite.doc DCB:CARde J1 City of Huntington Beach 7000 MAIN STREET CALIFORNIA 926" DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 714/536-5582 FAX 7141375-5087 Housing 714/536-5542 January 7, 1999 Jim Simon RSG 540 North Golden Circle, Ste 305 Santa Ana, CA 92705-3914 Dear Mr. Simon: SUBJECT: Request for Proposal for Business Cooperation Program Your firm is invited to submit a proposal for designing and implementing a local Business Cooperation Program implementing the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB 110. Enclosed is the request for proposal (RFP) detailing the information needed for your response. The City of Huntington Beach looks forward to your proposal. Should you have questions, please contact Carol A. Runzel at (714) 536-5224. incerely, NW e & David C. Biggs Director of Economic Development Enclosures G:Caro1%R FFVnv itc.doc DCB: CAR:Ie E -�� #` City of Huntington Beach ZOt10 MAIN STREET CALIFORNIA02UG DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 7141536-5582 FAX 714/375-5087 Housing 714/536-5542 January 7, 1999 Hank Cunningham Municipal Resource Consultants 1381 Warner Avenue, Ste F Tustin, CA 92680 Dear Mr. Cunningham: SUBJECT; Request for Proposal for Business Cooperation Program Your firm is invited to submit a proposal for designing and implementing a local Business Cooperation Program implementing the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB 110. Enclosed is the request for proposal (RFP) detailing the information needed for your response. The City of Huntington Beach looks forward to your proposal. Should you have questions, please contact Carol A. Runzel at (714) 536-5224. Sinc rely, David C. Biggs Director of Economic Development Enclosures O;Caro11RFP11nvitc.doc ©CQ:CAR:lc J-j #& City of Huntington Beach erg" 2M MAIN STREET----- -- CALIFORNIA 82648 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 7141536-5582 Redevelopment 714/536-SSS2 FAX 714/375-5087 Housing 714/S36-SS42 January 7, 1999 Ronald R. Williamson BDO Seidman 625 The City Drive S #250 Orange, CA 92668 Dear Mr. Williamson: SUBJECT: Request for Proposal for Business Cooperation Program Your firm is invited to submit a proposal for designing and implementing a local Business Cooperation Program implementing the Board of Equalization's Sales and Use Tax Regulation I699.6 enacted through SB 110. Enclosed is the request for proposal (RFP) detailing the information needed for your response. The City of Huntington Beach looks forward to your proposal. Should you have questions, please contact Carol A. Runzel at (714) 536-5224. Si cerely, C, 0 David C. Biggs Director of Economic Development Enclosures &Caro 11RFPtlnvite.dac DCB:CAR:Je FJ H • HUNnticroN HACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION / I Connie Brockway, City Clerk Office of the City Clerk To: VJ7 //7 _., 17cq.,\ -- - Oate: 7: � a- " Meeting Date: — — Agenda Item: � a"7 ` * 2- The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 5. 1 City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other fi S 09 G egendarmiadrc&orm U `~ 6 rY .L. -ew- L T "5JS 1 p}_ ' i`y i' b (L S'i- U /t )1 U f -C _ r _( C)L/ !( /]Uf �7 nw 1 nT'D ST 'N' HN.4• t1�4` CITY yOF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION',_ HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk 1 t' + F To: belqz\ Date: Meeting Date: -7 - 5 .Z Agenda Item: �. Items:pK= !Lily CQmncil Agenda The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. 1 Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. 1 Exhibits A Missing B Not identified C Other - 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See Norm attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other f) -)r , ]LZ�z j2 , Gagandalmiac/rcaform rpq %l �,�-�1 / �JS �- P .� +� C g T-) [ T`r U!� f`i i} f -C� / S t//� . no c c a., emu. �a, /7� f= �ir��/ /ilT 1�J1 (�N• � Cou6'rreontinued ency Meeting Held: • Def to: ❑ Approved J Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: ED-99-31 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - - r-y SUBMITTED BY: RAY SILVER, City Administrator�c PREPARED BY: DAVID C. BIGGS, Director of Economic Development • SUBJECT: Approve the Waiver of Professional Liability Insurance for n Hinderliter, DeLlamas and Associates n Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue:. An agreement between the City of Huntington Beach and Hinderliter, DeLlamas and Associates for the implementation of the Business Cooperation Program for • $15,000 requires City Council approval of waiving the professional liability provision of the agreement. Funding Source: Not Applicable. Recommended Action: Motion to: • 1. Approve the waivier of professional liability insurance for Hinderliter, DeLlamas and Associates for the implementation of the Business Cooperation Program as described in the Scope of Services of Attachment 1, Exhibit A. Alternative Ac ions : None. Analysis: In order to implement the city's Business Cooperation Program, the Board of Equalization's Sales and Use Tax Regulation 1699.6 enacted through SB 110, Hinderliter, DeLlamas and Associates (HdL) has been selected to assist staff with the program design and implementation. A request for proposals was issued, and HdL was selected as the most qualified. HdL currently advises the City on revenue projections and is familiar with our local businesses. City Council needs to approve the waiver of professional liability insurance before the contract can be approved (Attachment 1). • � L tom' r • CITY OF HUNTINGTON BEA CH INTERDEPARTMENTAL COMMUNICATION TO: Honorable Mayor & City Counciimembers FROM: Connie Brockway, City Clerk DATE: June 4, 1999 SUBJECT: Agenda Items Regarding Waiver of Professional Liability insurance or Other Insurance Modifications As a matter of procedure the Clerk's office will include in each Councilmember's agenda packets the under $20,000 agreements to which the RCA requesting an insurance waiver pertains. Per HBMC 3.03.100 these agreements are entered into by the Department Head and the company, . thus the RCA does not require Council approval of the agreement of which the waiver of insurance is requested. r The Clerk's Office will place the agreement in the Council packet so the Council can review the particulars of the agreement on which Council action to waive insurance is recommended. If there is not an agreement included in your packet it will mean that the agreement is not on file in the Clerk's Office. Please call me if you have any questions — 536-5404. CB:le G:Cbmemo199-1021e.doc