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HomeMy WebLinkAboutHINDERLITER, DELLAMAS AND ASSOCIATES - 2006-11-27F CONTRACTS SUBMITTAL TO CITY CLERK'S` OFFICE H_ To: JOAN FLYNN, City Clerk Name of Contractor: Hinderliter, DeLlamas and Associates Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Municipal Sales Tax and Use Tax Services Amount of Contract: Not to exceed $75,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑ Name/Ext nsion City Attorney's Office Date: j� A-7104 A -4 0, 0 X•, /,t 7-/-� 007 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HINDERLITER, DE LLAMAS 'AND ASSOCIATES FOR MUNICIPAL SALES TAX AND USE TAX SERVICES THIS AGREEMENT ("Agreement") is made and entered into this day of vVL0.%6--v' 20 O6, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,and Hinderliter, de LlamasandAssociates , a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Municipal Sales Tax and Use Tax 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 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 Lloyd de Llamas who shall represent it and be its sole contact and agent, in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/1510 1 -A 1 , 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 (3) three years from "Commencement Date"). This Agreement shall expire on CMITI CEMent date , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ThJtee (3) years 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," 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 forms/profseru 10/15101-A 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." 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. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10/15101-A 3 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 ($1,000,000.00) per occurrence and ; in the, aggregate. The above mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptableif 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. agree/forms/profsery 10/15/01 -A 4 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 defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the, policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT- CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profsery 10/1510 1-A 5 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. 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. agree/forms/profsery 10/15101-A 6 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Hinderliter, de Llamas & Associates ATTN: Dan T.'Villella Attn: Lloyd de Llamas 2000 Main Street Huntington Beach, CA 92648 1340 Valley Vista Drive, ` Suite 200 Diamand-Bar CA. 91765 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. agree/forms/profsery 10/15/01 -A 7 18. MODIFICATION No waiver or modification of any, language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine' or neuter gender and singular or plural number shall be :deemed to include the other whenever the context so indicates- or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profservl0/15/01-A - 8 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. 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," agree/forms/profsery 10/1510 1-A 9 each party shall bear its own attorney's fees, such that the prevailingparty shall not be entitled to recover its attorney's fees from the non -prevailing parry:: 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 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/15101 -A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officesthe day, month and year first above written. CONSULTANT, HINDERLITER, DE U-AlvM & ASSOC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director 'e By: (Pursuant To HBMC §3.03.100) print name ITS: (circle one) Chairm residen ice President APPROVED AS TO FORM: p AND 1I ,1 06 �--r City Attorney D� By. - .... X--J-E-41ZC y REVIE AN APPROVED: print nam ITS: (circle one) Secrets Chief Financial �Offflficersst Secretary — Treasurer Administrator (only contracts $50, 000.00 and over) agree/forms/profsery 10/1510 1-A I1 ' EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City desires the provision of services that include report generation and data analysis necessary to effectively manage the City's municipal sales tax base as well as recover revenues erroneously allocated ' to other jurisdictions. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1) SALES AND USE TAX INFORMATION SERVICES & ECONOMIC ANALYSIS a) Provide a user-friendly software program accessible to City staff with an electronic database of the City's sales and use tax data. The software and database would be used to facilitate monitoring, analysis and forecasting of sales and use tax revenue.The database will include the following features at a minimum: i) All sales tax producers in the City of Huntington Beach, including business name, address, State Board of Equalization (SBOE) account number and current (e.g., quarterly) and historical sales tax allocations. ii) Ability for the City to create, and maintain subsets of the information based on geographic features. iii) Ability to define and print reports by business type and/or category. iv) Ability to export all data to a spreadsheet. b) Provide training to City staff on the use of the software program described above. c) Provide written sales tax reports on a fiscal year quarterly basis to the City in a timely manner, following the receipt of the quarterly distribution report. Such reports would be provided during a quarterly meeting at the City with key Finance and Economic Development Department personnel. The reports should include, but not be limited to; the following: i) Historical sales and use tax revenue trends of major industry groups within the City of Huntington Beach. ii) Top sales tax generators ranked by the amount of sales and use tax produced. iii) Analysis of sales trends by business category, identifying by business the major increases and decreases each quarter (i.e., largest deviating businesses). iv) Comparisons to other local, county and state jurisdictions. v) Sales and use tax projections updated quarterly. vi) Sales tax revenue by geographic area vii) Information regarding state and federal legislative issues, including an analysis of their potential impact on the City of Huntington Beach. viii) Creation and provision of a non -confidential newsletter in electronic format (e.g., *.pdf or similar electronic format) each quarter for the City suitable for public dissemination. ix) Other reports as mutually agreed upon. d) Provision of assistancewith sales and use tax revenue trends, analysis and related questions throughout the fiscal year; consultation on projections of sales and use tax revenue during the City's annual budget development process. jmp/contracts group/exA/9/21/06 1 of 3 EXHIBIT "A" -2) REVENUE RECOVERYAND REPORTING a) Identify the specific procedures you will use to detect, correct,and recover misallocated revenue for the City of Huntington Beach, including, but not limited to: i) Identify and correct the sales/use tax reporting errors of businesses within the City that are not properly registered based on their business activities in the City. ii) Identify and correct the reporting of businesses that are improperly reporting tax to state and county pools (i.e. classifying sales tax as use tax), thereby depriving the City of sales tax revenue. iii) Detect, document and correct sales/use tax reports errors and omissions in order to generate new, previously unrealized, revenue for the City. iv) Determine if the State Board of Equalization had prior knowledge of the error(s), which `could entitle the City to collect revenue from additional periods. b) Monitor and analyze the quarterly distribution reports with a focus on the following: i) Accounts with previously reported point -of -sale distribution errors to ensure that corrections are made for current quarters and all eligible previous quarters. ii) Major accounts comprising 90% or more of the City's total sales and use tax revenue to identify any irregularities or unusual deviations from the normal pattern. (e.g. negative funds transfers, significant decreases, unusual increases, etc.) and ensure that the City is not receiving less revenue than it is entitled to receive. c) Identify opportunities for the City to recover the local allocation on purchase transactions subject to tax and facilitate the recovery of such funds. d). Assist the City with strategies to preserve andenhancesales and use tax generated by existing businesses within the City. 3) ADDITIONAL SERVICES Consultant shall, at the request of the City: a) Work with the City and Redevelopment Agency staff on questions related to proper tenant mix for maximum sales tax returns; b) Advise City business license staff on utilization of reports to enhance business license collection efforts;' c) Train internal staff in the fundamentals of sales tax auditing should the City opt to resume responsibility for future follow up. d) Any software offered as part of Section 1 of the Scope of Services, should meet the following basic specifications: i) SQL Server Database format ii) VMWare Virtual Server Compatible iii) Window GUI or Web -based interface jmp/contraets group/exA/9/21/06 2 of 3 EXHIBIT "A" C. CITY'S DUTIES AND RESPONSIBILITIESc 1. The City shalladopt a resolution in a form acceptable to the State Board of Equalization and in compliance with Section 7056 of the Revenue and Taxation Code, authorizing the Consultant to examine the confidential sales tax records of the City: 2. The City shall provide any information or assistance that may readily be available such as business license records, which identify owners and telephone numbers of specific businesses within the City and copies of monthly sales tax allocation reports received from the Board of Equalization. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. jmp/contracts group/exA/9/21/06 3 of 3 EXHIBIT "B" Payment Schedule 1. - Charges for time during travel are normally not reimbursable and will only be paid, if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payments toward the fees set forth hereinin accordance with the following: Fixed Fee of Two Thousand Two Hundred Fifty Dollars ($2,250.00) per quarter for basic services including ongoing analysis, reports, legislative support and unlimited access to HdL's team members for sale and use tax related questions; as well as training and support for internal implementation of a program of use tax maximization. Inaddition to the fixed fee, Hinderliter, deLlamas and Associates (HdL) shall charge a fee of 15% of all new sales and use tax revenue received by the City (including reimbursement from the Sales and Use Tax Compensation Fund outlined in Section 97.68 of the Revenue and Taxation Code) as a result of audit and recovery work performed by the firm. This audit fee applies to monies received in the first eight consecutive reporting quarters beginning with the receipt of the audit revenue and includes retroactive back quarter adjustments obtained by the firm. Total fees shall not exceed' Seventy Five Thousand Dollars ($75,000.00) for the term of the contract. 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 the City authorized representative(s). Audit fees are billed only after completion of the audit, submittal of corrections to the State Board of Equalization and receipt of revenues by the city. Bills are submitted only for recoveries previously approved by the city on a Work Authorization Form. HdL does not bill a city for audit revenues until the client has actually received said monies. Further, if during the billing cycle, a taxpayer receives a refund for overpayment of taxes generated during that cycle, HdL credits back any proportionate share of the fee that may have been levied. 100% of all new revenue generated by HdL flows to the City after the completion of the eight quarters. The fee constitutes the full reimbursement to HdL and covers all direct and indirect costs incurred by the firm under this contract. This includes all salaries of our employees, travel expenses and service contracting costs as well as the software to be delivered to the City of Huntington Beach under this proposal: Invoices are submitted quarterly after the ,city has received the revenue from the audit correction. The invoice includes ,a printout showing the name, address, and sales tax registration number of each company, and the specific amount of revenue allocated by the State Board of Equalization to the City for those businesses. Imp/contracts group/exB-1 / 1 1 /6/06 1 4 If a misallocation correction involves additional revenue from a company that had already been partially allocating revenues to the City, the City and HdL will agree in a Work Authorization, prior to billing, the methodology for identifying the incremental revenue attributable to HdL's work. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. - 4. CONSULTANT shall submit to 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 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. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs 'incurred is, , accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/exB-1/11/6/06 2 1 1 MM/DD/YYYY� CSR SF DATE( ACORD CERTIFICATE OF LIABILITY INSURANCE HINDE-1 E( 16 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Valley Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License# 0566246 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 861 South Oak Park Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Covina CA 91724 Phone; 626-966-3664 Fax: 626-966-3895 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. ACE American ins. Co, INSURERB: HDL Coren & Cone INSURER C: 1340 Valley Vista Dr #200 INSURERD: Diamond Bar CA 91765 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 CONTRACTOR 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. LTRINSRE TYPE OF INSURANCE POLICY NUMBER i DATEYMM/D EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE -OCCUR I - I (. EACH OCCURRENCE $ PREMISES (Ea occurence) $ MED EXP (Any one person) , $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $. 'LAGGREGATE LIMIT APPLIES PER: i PRO - �GE POLICY T LOC PRODUCTS-COMPIOP AGG $ j AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS AUTOS NON -OWNED AUTOS ;ASt TD 4PPVED _ ��'r C - _C EO TH, C1 � ey /- COMBINED SINGLE LIMIT (Ea accident) $ j BODILY .INJURY$ (Per person)HIRED BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraocident). $ GARAGE LIABILITY i ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ ' i EXCESSIUMBRELLA LIABILITY OCCUR' CLAIMS MADE DEDUCTIBLE RETENTION $ I I I EACH OCCURRENCE ($ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? It Yes, describe under SPECIALPROVISIONS below. - TA 7T- TORY LIMITS ER E.L EACH ACCIDENT__�$ E.L. DISEASE -EA EMPLOYEE `$ E.L. DISEASE -POLICY LIMIT -- A OTHER !Professional Liab CRL136480 -.. 09/15/06 09/15/07� Each occ 1,000,000 Gen Agg 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 10 day notice of cancellation for non payment of premium. HUNTI O l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL €N NihAh' grTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 Harold J. Borak ACORD .25120011081 © ACCIRD CORPORATION 1988 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: November 6, 2006 2. Department: Finance 3. Requested by: Janet Lockhart 4. Name of consultant: Hinderliter, de Llamas & Associates 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form: See Exhibit A 6. Amount of the contract: $75,000.00 7. _ Are sufficient funds available to fund this contract?' Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes ❑ No 9. Company number and object code where funds are budgeted: 10035205.69365 10. Is this contract less than $50,000? ❑ Yes M No 11. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 12. 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 contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). See list attached: RFP was also posted on the City website and the California Society of Municipal Finance Officers. 15. Attach proposed scope of work. See Exhibit A 16. Attach proposed payment schedule. See Exhibit B 4 i Department ead Signature ICHARD MADRiL, Manager Purchasing/Central Services 1 If the answer to this question is "No." the contract will require approval from the City Council. REVENUE VENDORS The HdL Companies • Sales Tax 1340 Valley Vista Drive, Ste 200 o Property Tax and Documentary Tax Diamond Bar, CA 91765 . TOT P: 909 861-4335 F: 909 861-7726 MBIA Muni Services Co . Sales Tax c/o Marc Herman • Property Tax and Documentary Tax 7335:N. Palm Bluffs Avenue . TOT Fresno, CA 93711 800 800 8181 X5012 Doug. Jensen(c-D-muniservics.com Municipal Revenue Advisors • Sales and Use Tax 2055 Woodburn Avenue Thousand Oaks, CA 91361 P: 805 340-6131 F: 805 496-7635 Nicer-munirev.com Tax Compliance Services • TOT James Thompson . UUT P.O. Box 4014 • Property Tax Thousand Oaks, CA 91359 P: 805 443-4342 Taxcomplyl CcD-aol. com NBS . Sales and Use Tax Attn: Heidi Schoeppe • Property Tax and Documentary Tax 32605 Highway 79 South, Ste 100 Temecula, CA 92592 hschoeppe@nbsgov.com 10/27/2006 . f. 1 W , „ CITY OF HUNTINGTON BEACH F PROFESSIONAL SERVICES LISTING ` Professional Services Account Series 69300 - 69395 1 W , „ CITY OF HUNTINGTON BEACH F PROFESSIONAL SERVICES LISTING ` Professional Services Account Series 69300 - 69395 eparrnent ,rW,7,7, Division or Fund Description Amount Business Unit Number Administration Consultant for long range financial planning $25,000 10035201 Accounting Annual Auditing (CAFR) $45,000 10035205 Consultant -Sales Tax audit and information $25,000 10035205 Audit -property tax $25,000 10035205 Consultant-SB 90 state claims $16,000 10035205 Legal Services -utility user tax/franchise review $90,000 10035205 Budget and Research Consulting services related to budget module in JDE $20,000 10035204 Other Funds BID Auto Auto dealer sign maintenance $150,000 70135201 Retirement Supplement Auditing $36,000 70335203 Retirement MedlSuppl Actuarial services $11,000 70235202 Total Professional Services $443,000