Loading...
HomeMy WebLinkAboutLEWIS PARTNERS - Professional Services Contract - Conduct Workshops Re: City Council Goals & Objectives 1/21/97 - 1997-01-21Council/Agency Meeting Held: Deferred/Continued to: ' 2-A'pprovedl,�0 Cqqditionally hyved ❑ Denied ceity Clerk's Sign re Council Meeting Date: January 21, 1997 I Department ID Number: AD 97-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini ator C PREPARED BY: Pat Dapkus, Management Assistant SUBJECT: Waiver of Insurance for Lewis Partners Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environme tal Status, Attachment(s) Statement of Issue: Waiver of Insurance for Lewis Partners. Funding Source: N/A Recommended Action: Waive the usual insurance requirements on the attached contract with Lewis Partners. Alternative Action(s): None Analysis: The City Administrator has scheduled two workshops for the City Council. The first is to develop the goals and objectives of the current City Council members. The second workshop will include the department heads and will be a . day long workshop to discuss strategies for meeting the Council's goals and objectives. To facilitate these workshops, staff is planning to utilize the services of William Lewis of Lewis Partners. Staff is recommending that the City Council waive the usual insurance requirements because the nature of the work to be provided does not cause the need for such insurance protection. Additionally, the work will be performed directly by Mr. Lewis removing the need for workers compensation. The City's standard professional services contract is attached. It includes Lewis Partners proposal letter dated January 7, 1997 which outlines the work to be carried out. E-Y REAEST FOR CITY COUNCIL AAON MEETING DATE: January 21, 199.7 Environmental Status: N/A Attachment(s): DEPARTMENT ID NUMBER: AD 97-002 1. Contract including Lewis Partners letter of January 7, 1997 as Exhibit A. WAIVINS.DOC -2- 01/09/97 3:09 PM • HUNTINGTON BEACH From the desk of: r� City of Huntington Beach P. 0. Box 190 - 2000 Main Street Huntington Beach, California 92648 Janelle Case Deputy City Clerk Telephone: (714) 536-5260 Fax: (714) 374-1557 6� e_'0C__ �zo I `A Page 6 - Counctgency Agenda - 01/21/97 (6) Motion to request a legal opinion regarding closed Session held on 1113197 regarding Bolsa Chica Delayed approval of 1131197 minutes for further information 6-0, Green Absent Adopted 116197 minutes with amendment regarding Name Change to Huntington Beach Marathon 6-0, Green Absent] E-2. (City Council) Citizen Participation Advisory Board (CPAB) - Membership Chanae (110.20) - Approve that Daris Steen, Jr., Patricia Rhynders, and Cheryl Villasenor are no longer members of the Citizen Participation Advisory Board, acknowledge the resignation of Andrew Allegretti; and declare that there are no vacancies. Submitted by the Economic Development Department [Approved 6-0, Green: Absent] E-3. (Redevelopment Aaencv) Bid Award - J. K. Construction - Rehabilitation Of Redevelopment Agency -Owned Mobile Homes At Ocean View Estates (600.10) - Accept the bid from J. K. Construction of $25,940 plus a 20% contingency, for a total bid amount of $31,128, for the rehabilitation of Space Nos. 15, 19, 20, 31, and 44 at Ocean View Estates, 7051 Ellis Avenue and authorize the City Attorney to prepare a contract between the Redevelopment Agency/City Council for approval at a later meeting. Submitted by the Economic Development Department [Approved 6-0, Green: Absent] VV / E-4. - (City Council) Waiver Of Insurance Requirements For Lewis Partners - Consultant t �J Employed To Conduct Two City Workshops (600.10) - Approve waiver of usual insurance requirements on Professional Services Contract between the City and Lewis Partners to Conduct Two Workshops, required by Resolution No. 6277, adopted May 20, 1991. Submitted by the City Administrator's Office [Approved 6-0, Green: Absent] E-5 (City Council) Resolution No. 97-5 - Donation From James Ackerman For Establishment Of Veterans' Memorial At Civic Center - Appropriation From Donation Fund (130.55) - Adopt Resolution No. 97-5 - 'A Resolution Of The City Council Of The City Of Huntington Beach Declaring A Gift Of Public Funds For The Public Good To Establish A Veterans' Memorial In The City Of Huntington Beach. "and direct staff to appropriate $15,000 from the Donation Fund to be deposited into the Veterans' Memorial Fund for use by the veterans groups in the construction of the Civic Center Site Memorial. Submitted by the City Administrators Office [Adopted 5-0, Garofalo: Out of room, Green: Absent] EA (City Council) Investment Advisory Board Appointment - Robert Turicchi (110.20) (6) COUNCIL.WORKSHOP FACILITATOR Telephone requests for proposals were made to: Dr. Sonya Powers Service Works (Marty Richards) Lewis Partners Dr. Tom Elliot oe; c-A Ana Iy t-x Proposals were received from all of the above. C) fide-e-� apt PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEWIS PARTNERS TO CONDUCT TWO WORKSHOPS . (Not to exceed $5,000) Table of Contents Section ".,k/a, 67�D 69� �o 7-AW-110 5,O iv Page 1 Description of Project 1 2 Time of Performance 2 3 Compensation 2 4 Extra Work 3 5 Disposition of Plans, Estimates and Other Documents 4 6 Indemnification and Hold Harmless 4 7 Insurance 4 8 Independent Contractor 5 9 Termination of Agreement 5 10 Designated Representatives, Assignment and Subcontracting 5 11 Copyrights/Patents 6 12 City Employees and Officials 6 13 Notices 6 14 Tax Payer Identification Number 7 15 Nonappropriation of Funds 7 16 Permits and Licenses 7. 17 Waiver 7 18 Immigration 8 19 Legal Services Subcontracting Prohibited 8 20 Attorney's Fees 8 21 Entirety 9 5/s: G: Agree: Lewi spar 12/31/96 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEWIS PARTNERS TO CONDUCT TWO WORKSHOPS (Not to exceed $5,000) THIS AGREEMENT, made and entered into this S day of 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Lewis Partners, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to conduct two workshops; 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: 1. DESCRIPTION OF PROJECT CONSULTANT shall provide all services, tasks and obligations as described in the response to request for proposal dated November 29, 1996 (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 shall perform all work required to accomplish the PROJECT in conformity with applicable requirements of federal, state and local law. CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT shall maintain professional certifications as required in order to properly comply with all federal, state and local law. 5/s:G:Agreelewispar 12/31/96 2. TIME OF PERFORMANCE CONSULTANT shall not perform any work under this Agreement until (1) CONSULTANT furnishes proof of insurance as required under paragraph 7 of this Agreement, and (2) CITY gives CONSULTANT a written, signed and numbered purchase order (which will serve as a notice to proceed). The time for performance of the PROJECT is described in Exhibit "A", and in no event shall be completed later than months from the date of this Agreement. These times may be extended with the written permission of the CITY. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 3. COMPENSATION A. In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Five Thousand Dollars ($5,000.00). B. 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" C. 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. D. 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; -2 5/s: G:Agree: Lewispar 12/31/96 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) 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 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. 4. EXTRA WORK A. In the event CITY requires additional services not included in the Project 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. B. 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 dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 3 5/s: G:Agree:Lewispar 12/31/96 s • 5. 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. 6. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT shall indemnify and save. and hold harmless CITY, its officers and employees, from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this agreement by CONSULTANT, its officers or employees. 7. INSURANCE IAW MOM d�-V 'ZlZ 119 7 `(`e A d lor-kars' inn p on to a conv ofvhT& is CITY a professional s insurance paliey covering the work performed by it hereunder. Said poi all provide 4 5/s:G: Agree: Lewispar 12/31/96 'ANT's professio n an amount not less than $SOO,O�Qper 8. 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. 9. 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. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. Upon termination of this Agreement, CITY shall be liable to CONSULTANT only for work done by CONSULTANT up to and including the day of termination of this Agreement, unless termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. 10. DESIGNATED REPRESENTATIVES, ASSIGNMENT AND SUBCONTRACTING A. 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 CITY. William C. Lewis shall be designated CONSULTANT's representative and shall be responsible for job performance, negotiations, contractual matters, and coordination with the CITY representative. CONSULTANT's professional services shall be actually performed by, or shall be immediately supervised by, the CONSULTANT's representative. 5/s: G:Agree: Lewispar 12/31/96 B. Ray Silver shall be designated CITY representative. C. If CONSULTANT subcontracts for any of the work to be performed under this Agreement, CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of CONSULTANT's subcontractor and for the persons either directly or indirectly employed by the subcontractors, as CONSULTANT is for the acts and omissions of persons directly employed by CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor to the terms of this Agreement applicable to CONSULTANT's work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 11. COPYRIGHTSIPATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. '12. 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. 13. 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 City Administrator 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: 6 5/s:G: Agree: Lewispar 12/31/96 TO CITY: TO CONSULTANT: Michael T. Uberuaga William C. Lewis City Administrator Lewis Partners City of Huntington Beach 1860 Braemar Road 2000 Main Street, P.O. Box 190 Pasadena, CA 91103 Huntington Beach, CA 92648 14. TAX PAYER IDENTIFICATION NUMBER CONSULTANT shall provide CITY with a complete request for tax payer identification number and certification, form V-9 (Rev. 12-87), as issued by the Internal Revenue Service. 15. NONAPPROPRIATION OF FUNDS Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unincumbered appropriation of the CITY. In. the event the CITY has not appropriated sufficient funds for payment of CONSULTANT's services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year. 16. PERMITS AND LICENSES CONSULTANT, at sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 17. WAIVER A waiver by the CITY of any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or 7 5/s:G:Agree:Lewispar 12/31/96 • any other term, covenant, or condition contained in this Agreement whether of the same or different character. 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 8 5/s: G:Agree: Lewispar 12/31/96 21. ENTIRETY The foregoing, and Exhibits "A" and `B" 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. CONSULTANT LEWIS PARTNERS, By: FDIC 1 (print name) Its: (circle one) Chairman/Presiders ice President 6 5/s: G:Agree:Lewispar 12/31/96 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Title: 9ireeter o s n -x, C a �y 1q M : nw I" ,^T-Q# t APPROVED AS TO FORM: City Attorney 12 , 31- L Lewis Partners January 6, 1997 Mr. Michael T. Uberuaga City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2763 Dear Mr. Uberuaga: This is in response to your request for a proposal for a City Council/Department Head workshop. As you know, we have 25 years of experience in organization consulting which includes working with over 200 cities. In recent years, I have spent most of my consulting time working specifically with city councils and city executive teams. Our basic approach to the type of workshop that you described is to conduct interviews with key participants and to build a workshop agenda and format based on that assessment. Specifically, the program would consist of: ASSESSMENT: Depending on the number of participants, one or two days is spent interviewing in a confidential, one-on-one setting, each person who will attend the workshop or who has information that would contribute to the success of the workshop effort. The results of these interviews would be used to identify the key issues that should be addressed at the workshop. The initial workshop agenda would be established at that point. WORKSHOP: The workshop would be conducted over a one or two day period. Informal, directed discussion would address the agenda issues and agreements 1860 Braemar Road. Pasadena. CA 91103 -Tel • 818-795.6499 Fax o 8➢8-795.6934 Mr. Michael T. Uberuaga . January 6, 1997 page two and follow-up actions would form the product of the workshop. Most council/department head workshops center around identifying priorities for the coming year(s), identifying expectations in terms of council and staff roles, and generally building improved working relationships as the result of increased understanding of what the council wants to achieve. REPORT: Within ten days after the workshop you will receive a report that serves as an action plan for further follow-up as well as a record of the workshop. Our consulting fee is $1100 per day for the Assessment and $1400 per day for the Workshop. The report is included. We provide the materials that will be needed for the workshop, but we do request reimbursement for any meals and lodging. Since we are located in Southern California, there would be no charge for travel. The total fee, as example, for a two day Assessment (January 8 and 9) and a two day Workshop (January 31 [Noon-6pm] and February 1) would be $5000. An additional thought that I think should be considered by the Mayor and Council members is the possibility of a council/city administrator/attorney workshop prior to a workshop with the department heads. We have found that "new" councils usually benefit from a smaller workshop among themselves and key top people so that they can achieve a higher level of understanding of their individual priorities and expectations prior to dealing with the department heads. Obviously, I'm not familiar with the individuals involved and their knowledge of one another, but I do think this subject should be touched upon. If you want to talk with anyone regarding our efforts with councils and executive teams, I can suggest: Bud Ovrom, Burbank City Manager (well established city); LP Mr. Michael T. Uberuaga January 6, 1997 page three Steve Wright, Truckee City Manager (newly incorporated); Gary Napper, Ceres City Manager (small Central Valley community). If you wish others, I would be happy to provide additional names. Thank you for the opportunity to submit this. I have attached a copy of my resume. Sincerely, Willia*C.Lewis attachment RESOLUTION NO. 6277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING RESOLUTION NO. 6023 AND ESTABLISHING INSURANCE AND INDEMNITY REQUIREMENTS FOR CONTRACTORS, PERMIT APPLICANTS, AND PROFESSIONAL SERVICES CONTRACTORS WHEREAS, there are persons and organizations performing services in and for the city ("CONTRACTORS"), permit holders ("PERMIT HOLDERS"), and design, engineering, and other professional consultants ("PROFESSIONAL SERVICES CONTRACTORS") who are engaged in various activities in the city, thereby subjecting the city to substantial risk of liability for damage to property and injury to persons; and, The city desires such persons and organizations to maintain insurance naming the. city, its officers, and employees as additional insureds, and indemnifying the city from loss; and, The city desires to establish liability, workers' compensation and employers' liability insurance requirements for such persons and organizations, and, in appropriate cases, a procedure for the waiver thereof; and, The city desires to establish internal staff responsibility for the administration of the insurance required by this Resolution and delineate the authority to make adjustments to requirements based upon unique and, unusual circumstances. NOW, THEREFORE .BE IT RESOLVED by the City Council of the City. of Huntington Beach that the insurance coverage and indemnity required of all CONTRACTORS, PERMIT HOLDERS and PROFESSIONAL .SERVICES CONTRACTORS, shall be as follows: -1- SECTION I. INSURANCE AND INDEMNIFICATION REOUIREMENTS FOR CONTRACTORS, PROFESSIONAL SERVICES CONTRACTORS AND PERMIT HOLDERS A. DEFINITIONS• 1. CONTRACTORS and PROFESSIONAL SERVICES CONTRACTORS are any persons or entities who contract with the i city and/or.provide goods or services to the city. 2. PERMIT HOLDERS are those persons or entities who make application to the city for any: a. building permit for work involving the public right of way (see.Section II in all other cases), b. use of or encroachment upon any public street, waterway, pier, or city property. B. COVERAGE REQUIRED 1. General Liability a. Combined single limit bodily injury, and property damage, including completed opera )ns liability and -blanket contractual liability and, where products are furnished products liability: Minimum limits of $1,000,000 per occurrence. b. If coverage is provided under..a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 and the policy holder shall 6277 -2- give the city notice of any known depletion of limits. C. Claims made policies are not acceptable, except that claims made insurance for pollution liability shall be acceptable. d. Any self -insured retentions shall not exceed $15,000 unless approved by the Claims Settlement Committee. 2. Workers' Compensation and Employers' Liability In accordance with the applicable state statutes with limits in the case of employers' liability in amounts not less than: a. $100,000 bodily injury by accident, each occurrence, AND b. $100,000 bodily injury by disease, each employee, AND C. $250,000 bodily injury by disease, policy limit. 3. Professional Liability Insurance a. Coverage. PROFESSIONAL SERVICES CONTRACTORS providing professional services to the city shall provide evidence of professional liability insurance in amounts covered: i. as required by individual contract; or ii. a minimum of $500,000 per occurrence and in the aggregate. b. Claims made policies are acceptable. -3- 6277 C. CERTIFICATE OF INSURANCE 1. Form Evidence of insurance coverage and limits required by the city shall be furnished to the city on the "Accord" or similar form approved by the City Attorney. 2. Approval of Certificate Prior to commencement of any work or the issuance of any permit, certificates shall be approved by the City Attorney. 3. Additional Insured Endorsements Except as provided in Section F.3, a separate copy of an additional insured endorsement to each contractor's liability policy, naming the city, its officers and employees as additional insureds, shall be provided to the City Attorney for approval prior to any payment to a CONTRACTOR. 4. Cancellation All endorsements and certificates shall provide for a 30-day written notice of cancellation to the city. D. INDEMNITY 1. CONTRACTORS and PERMIT HOLDERS, as defined in .Section I.A.2 (a) and (b) above, shall be required to indemnify city, its officers and employees from liability, pursuant to the city's indemnity agreement attached hereto and incorporated herein by this reference as Exhibit "A". -4- 6277 2. PROFESSIONAL SERVICES CONTRACTORS shall use { Exhibit "B'= also attached hereto and incorporated by this reference-. 3. Bids Each invitation to bid shall include the approved indemnity form as a part of the bid package. E. WAIVERS 1. Waiver by Council. The city may, by contract approved by the City. Council, modify or waive any and all of the above requirements in appropriate cases upon the recommendation of the City's Risk Manager and Administrator. 2. Privately_ Funded Contracts, The Claims Settlement Committee, upon recommendation of the City Administrator, may modify or waive requirements for workers compensation and employers' liability and professional liability insurance coverage in privately funded professional services contracts exempted by HBMC §3.03.110. 3. Waivers of Professional Liability Insurance. PROFESSIONAL SERVICES CONTRACTORS desiring a waiver of professional liability insurance, including the limits of coverage and deductible amount, shall submit an application for waiver to the City Attorney. The Committee may reduce the limits of coverage for design defects of public _ 5 _ 6277 works contracts only on the recommendation of the City Attorney and Director of Public works. The application shall be reviewed and granted or denied by the Claims Settlement.Committee. Applications shall contain the following information: i. a description of the work to be performed; ii. the cost of professional liability insurance with proof attached thereto; iii. the availability of insurance to the PROFESSIONAL SERVICES CONTRACTOR; and iv. the claims history of such PROFESSIONAL SERVICES CONTRACTOR. F. EXCEPTIONS: 1. Products liability coverage shall not be required of any PROFESSIONAL SERVICES CONTRACTORS. 2. Persons or organizations selling goods only to the city shall be required to meet all insurance requirements, except where the city receives delivery at the place of sale or by common carrier in which case only products liability insurance shall be required. 3. Additional Insured Endorsements: a. Shall not be required for professional liability; and -6- 6277 • b. In the case of all other contractors, endorsements may be°,deferred for a period not to exceed 60 days based upon immediate need as recommended by the department director and approved by the Risk Manager in which case the certificate of insurance shall be accepted without a separate endorsement during such 60 day period. 4. Persons providing judicial or quasi-judicial services as independent contractors, such as judges, arbitrators, hearing officers, expert witnesses, and court reporters shall be exempt from all insurance coverage requirements. Applicants for private building permits, where no work in the public right of way is involved, shall be required to provide Workers' Compensation coverage only As specified in Section I.B:2 above. -7- 6277 RESOLUTION 6023 and all other RESOLUTIONS in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thpx.Q�qf, held on the 20TH day r of May 1991 .4. Mayor ATTEST: c0 !i�%Ti?GGr� City Clerk APPROVED AS TO CONTENT: Revised May 28, 1991 APPROVED AS TO FORM: 'J'12s/.f) f/20/SI -8- 6277 :7 EXHIBIT "A" TO RESOLUTION NO. 6277 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but .save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. -9- 6277 EXHIBIT "B" TO RESOLUTION NO. 6277 PROFESSIONAL SERVICES CONTRACTORS shall indemnify and save and hold harmless CITY, its officers and employees, from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this agreement by PROFESSIONAL SERVICES CONTRACTORS, its officers or employees. -10- 6277 Res. No. 6277 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY. OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the .20th day of 19 91 , by the following vote: e AYES: Councilmembers: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: Councilmembers: None ABSENT: Councilmembers: None y L I erk an ex-o icio er of the City Council of the City of Huntington Beach, California