Loading...
HomeMy WebLinkAboutPublic Financial Management, Inc. - 2009-06-25 F CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE Toe JOAN FLYNN, City Clerk Name of Contractor: Public Financial Management Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park As-Needed Financial Advisory Services Amount of Contract: $30,000 Copy of contract distributed to: The original insurance certificate/waiver distributed t Initiating Dept. ❑ o Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ ZAI� Date: (T/2(0/o N me/Extensio City Attorney's Office -7M/fl G:AttyMisc/Contract Forms/City Clerk Transmittal y r .. CITY OF HUNTINGT®N BEACH % - Professional Service Approval Form Amendment # 02 1. Date Requested: 7/6/2011 2. Contract Number to be Amended: FIN 009 025 00 3. Department: Finance 4. Requested By: Jim Slobojan 5. Name of.Consultant: Public Financial Management (PFM) 6. Amount of Original/Prior Contract: $30,000, Amendment for additional $15,000 on 5/6/2010 7. Additional Compensation Requested: $30,000 8. Original Commencement Date: 6/25/2009 9. Original Termination Date: 6/25/2012 10.Extended Date Requested: 11.Reason for Contract Amendment: Financial Advisory Services for Lease Revenue Bonds Series 2001A and 2001 B Refunding 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 40140101.88000 w f //h lepadnent Head Signature Director of Finance (or designee) Signature AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC FINANCIAL MANAGEMENT,INC. FOR AS-NEEDED FINANCIAL ADVISORY SERVICES THIS AMENDMENT No. 2 is made and entered into by and between the CITY OF I TINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and PUBLIC FINANCIAL MANAGEMENT, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS, CITY and CONSULTANT are parties to that certain agreement dated June 25, 2009, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUTNTINGTON BEACH AND PUBLIC FINANCIAL MANAGEMENT, INC. FOR AS- NEEDED FINANCIAL ADVISORY SERVICES" which shall hereinafter be referred to as the Original Agreement; and In May 6, 2010, CITY and CONSULTANT entered into Amendment No. I to the Original Agreement to expand the services to be performed by CONSULTANT and to increase the compensation paid in consideration thereof-, and CITY and CONSULTANT wish to enter into Amendment No. 2 to the Original Agreement to increase the compensation to be paid to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. ADDITIONAL COMPENSATION The Original Agreement provided for total compensation not to exceed $30,000, Amendment No. I provided an increase in compensation by $15,000. for an amended total compensation amount not to exceed $45,000. This amendment No. 2 provides for a second 10-2i22.001/67836 increase in compensation of $30,000, for a new total compensation amount not to exceed Seventy-Five Thousand Dollars ($75,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other to and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on 2011. PUBLIC FINANCIAL MANAGEMENT, CITY 0 HUNTINGTON BEACH, INC., a C or a Cali nicipal corporation By: .1 Manager N John White, President (type or print) 17CD AND APPROVED: Its: (circle one)Chairman/President/Vice President �ND Finance Director By: APPROVED AS TO FORM: Name Steve Boyle, Secretary (type or print) Its: (circle one)Secretary/Assistant Secretary/Chief Financial Officer/Assistant Treasurer City Attomey 414 -z 2 10-2522.001/67836 0/1/(o,(A)4-(—/C��Crce- � irl .�a T" =161 ®vie)`� fir' 011 ,9 � 14) 7WeE- 07,,y oH� . oozy �,� u�sr6• � ,��`� AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC FINANCIAL MANAGEMENT,INC. FOR AS-NEEDED FINANCIAL ADVISORY SERVICES THIS AMENDMENT No. 1 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and PUBLIC FINANCIAL MANAGEMENT, INC., a California corporation, hereinafter referred to as CONSULTANT. WHEREAS CITY and CONSULTANT are parties to that certain agreement dated June 25, 2009, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC FINANCIAL MANAGEMENT, INC. FOR AS- NEEDED FINANCIAL ADVISORY SERVICES" which shall hereinafter be referred to as the Original Agreement; and Since the execution of the Original Agreement, CITY has requested additional work from CONSULTANT and CONSULTANT has agreed to perform such work; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL WORK CONSULTANT shall provide to CITY; on an as-needed basis, such additional services as may be required by CITY. 1 10-2522/47994 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, CITY agrees to pay CONSULTANT an additional sum not to exceed Fifteen Thousand Dollars ($15,000.00). The additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000.00), for a new total contract amount not to exceed Forty-Five Thousand Dollars ($45,000.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on , 2008. PUBLIC FINANCIAL MANAGEMENT, CITY OF HUNTINGTON BEACH, INC., a California corporation a California municipal corporation By: Finance Director Name (type or print) INITIATED AND APPROVED: Its(circle one)Chairman/PresidentNice President AND Finance Director By: JtPPROVED AS TO FORM: Name (type or print) Its(circle one)Secretary/Assistant Secretary/Chief FinanciaOfcer/Assistant Treasurer y Att ey 2 10-2522/47994 CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 5/6/10 2. Contract Number to be Amended: FIN 009 025 00 3. Department: Finance 4. Requested By: Robert Sedlak 5. Name of Consultant: Public Financial Management 6. Amount of Original/Prior Contract: $30,000. 7. Additional Compensation Requested: $15,000. 8. Original Commencement Date: 6/4/09 9. Original Termination Date: 6/4112 10.Extended Date Requested: None 11.Reason for Contract Amendment: Additional work needed for bond refunding 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 40140101.88160 Director of Finance Signature Deputy CA(/Administrator Signature Esparza, Patty From: Gonzales, Carrie Sent: Monday, October 03, 2011 11:31 AM To: Esparza, Patty Subject: RE: PFM Contract I looked on Thursday and Friday and could not locate anything. I am now in Community Services and do not have access to any of the "&/Finance" drives. Possibly Jim Slobojan would know. From: Esparza, Patty Sent: Monday, October 03, 2011 11:21 AM To: Gonzales, Carrie Subject: RE: PFM Contract Still nothing showing up?? From: Gonzales, Carrie Sent: Wednesday, September 28, 2011 9:54 AM To: Esparza, Patty Subject: PFM Contract Patty, I found these two documents, however the contract is not signed. I will keep looking. Carrie x 5630 i FIH CONTRACTS SUBMITTAL T CITY CLERKS OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Pubilc Financial Management, Inc. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park As Needed Financial Advisory Services Amount of Contract: $30,000.00 Copy of contract distributed to: The original insurance certificatetwaiver distributed Initiating Dept. to Risk Management ❑ ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Narrie/Exlension —� City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC FINANCIAL MANAGEMENT, INC, FOR AS-NEEDED FINANCIAL ADVISORY SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.................................................................................... ....7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC FINANCIAL MANAGEMENT, INC. FOR AS-NEEDED FINANCIAL ADVISORY SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and public Financial Management,Inc. a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Financial Advisory 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 Craig Hoshijima who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professionalsvcs to S49 12-07 1 of I I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on -yu ➢)- 10o 20M (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three(3)years from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "1B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Thousand Dollars ($ 30,000.00 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 agree/surfnet/professional Svcs to$49 12-07 2 of 11 work only 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 CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professionalsves to$49 1 z-07 3 of 11 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional Svcs to$49 12-07 4 of I I forthwith terminate this Agreement. Such tennination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be 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. agree/surfnet/professional Svcs to$49 12-07 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates.and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/professional sves to$49 12-07 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 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 Public Financial Management,Inc. A'jTNT: Bob Wingenroth,Finance Director Attn:Craig Hoshijima,Sr.Managing Consultant 2000 Main Street 660 Newport Center Drive,Ste 750 Huntington Beach, CA 92648 Newport Beach,CA 92660 agree/surfnet/professional Svcs to$49 12-07 7 of I I 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as agree/surfnet/professional svcs to$49 12-07 8 of 11 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professionalsvcs to$49 12-07 9 of 11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or 's-- thdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's agree/surfnet/professional svcs to$49 12-07 10 of 11 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PUBLIC FINANCIAL MANAGEMENT,INC. California COMPANY NAME _ Finance _Director/Chief By: — (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/ resident/ ice President APPROVED AS TO FORM: AND b� City Atteney By: Date print na e ITS: (circle one)Secreta Chief Financial Officer sst. Secretary—Treasurer agree/surfnet/professional svcs to$49 12_07 11 of l l EXHIBIT "A" A.STATEMENT OF WORD: The Consultant will advise the City on selling and issuing various types of municipal bonds, notes,certificates of participation and other securities on an as-needed basis. The Consultant will assist in the structuring, marketing, sale and closing of long-term bond obligations during the contract period. The Consultant may also be called upon to provide financial advisory services for other financings that the City may undertake. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Assist the City and the City Redevelopment Agency in interfacing with rating agencies with the objective of maintaining and improving, when applicable, the high ratings assigned the City's outstanding and offered securities. 2. Assist the City in evaluating debt refunding and restructuring options for General Fund- supported tax allocation and Mello-Roos bonds. 3. Assist the City in evaluating debt financing for City assessment districts and Mello-Roos districts and tax and revenue anticipation notes. 4. Provide updates to the City's long term financing plan and budget projections. 5. Provide as-needed debt management advice related to arbitrage rebate compliance, investment of bond proceeds, and monitoring of financial counterparties. 6. Provide timely information, judgments, and forecasts regarding general economic and capital market conditions. 7. Prepare financing schedule, monitor progress of participants, facilitate and coordinate completion of tasks and responsibilities in accordance with schedule. Revise schedule as necessary. 8. Assist and coordinate in the preparation of legal and disclosure documents related to debt issuance, as necessary. 9. Develop rating agency strategy, prepare rating agency presentation material, schedule meetings with rating agencies, organize and coordinate Council and staff rehearsals and presentations and coordinate itinerary for rating agency visits as required. 10. Assist in the preparation of Request for Proposals for underwriters as directed by City. Assist in the evaluation of proposals, conduct interviews as necessary, and provide recommendations as to firms selected. 1. Develop and take a primary responsibility for quantitative analysis of structuring alternatives for debt issues including sizing, structure, and term of issue. Provide computer modeling and comparison of alternatives. 1 of 3 12. Assist and coordinate discussions and prepare presentation materials for identified key institutional investors. Coordinate itinerary, as necessary, for visits to institutional investors or meeting sites. 13. Analyze and participate in decision as to timing of sale and consult as to advisability or necessity for rescheduling sale depending on market conditions. 14. Prepare analytical discussion of market conditions and projected pricing results prior to sale. Provide independent pre-pricing analysis to City prior to sale including market activity, projected results, market supply and demand characteristics, and comparable sale analysis. 15. Coordinate and monitor marketing programs initiated by underwriter to develop pre-sale market interest. Prepare and coordinate placement of notices and advertisements in periodical publication (Bond Buyer, etc.) to stimulate market interest. 16. Assist in development of and recommendation with respect to pre-sale interest rate scale and structure for pre-marketing purposes. Provide recommendation with respect to underwriter retention as defined prior to sale. 17. Analyze market conditions with respect to underwriters' compensation. Provide comparable transaction comparisons and recommendation with respect to order writing spread and components thereof. 18. Participate in pricing process, analyze volume and type of orders and provide recommendation as to acceptance or re-pricing of offer to underwrite at conclusion of pricing period. 19. Provide pricing analysis and comparisons following sale, document pricing results, and provide written report to City with respect to final pricing and underwriter compensation level.Deliver quantitative schedules showing results of final pricing. 20. Assist and coordinate with administrative matter related to transaction closing, including preparation and distribution of final official statement.Participate in closing procedures. 21. Provide advice to the City regarding alternative forms of investment, strategies and alternatives to its investment policies. 22. Upon request, assist in reviewing and analyzing legislation that may have a financial impact on the City. 23. Upon request, assist City in conducting surveys of financial activities of other major operating utilities. 24. Upon request, attend Council meetings and make presentations to the City Council, its committees and staff. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. The City will designate a contact person that will coordinate PFM's work. 2of3 2. The City will provide guidance and input regarding priorities,refunding criteria, rating agency strategy, capital financing needs, integration of long-term financial plan, and debt policies. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined 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 in accordance to the hourly rates below: Title Hourly Rate Managing Director $300 Senior Managing Consultant $250 Consultant $175 Intern $50 Total fees shall not exceed Thirty Thousand Dollars ($30,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum Iimit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). 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: l) 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 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 jmp/contracts group/exB-1/6/5/09 I 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-1/6/5/09 2 A CERTIFICATE E OF LIABILITY INSURANCE1 6D18(M2009 ) PRODUCER Phone: 212-344-2444 Fax: 212-509-1292 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Financial Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 32 Old Slip ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New York NY 10005 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Indian Harbor Insurance Co. 36940 Public Financial Management, Inc. INSURERS: Two Logan Square, Suite 1600 18th and Arch Streets NSURERC: Philadelphia PA 19103 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR D /DD D MM/ GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I -a ,�' f✓ - (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TOR I IT ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ A OTHER ELU10851308 11/30/2008 11/30/2009 Limit of Liability $35,000,000 Professional Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Coverage only. The Professional Liability Policy is non-cancelable by the Insurer. CERTIFICATE HOLDER CANCELLATION c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City of Huntington Beach CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Attn: Bob Wingenroth, Finance Director SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 2000 Main Street THE INSURER, ITS AGENTS OR REPRESENTATIVES. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009101) CITY OF HUNTINGT N BEACH Professional. Service Contracts g ,y°sA Purchasing Certification 1. Date: 6/4/2009 2. Contract Number: FIN 00902500 3. Department: Finance 4. Requested by: Rick Amadril 5. Name of consultant: Public Financial Management, Inc. 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See Exhibit A 7. Amount of the contract: $30,000 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 10035201.69365 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. 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.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached list. 16. Attach proposed scope of work. See Exhibit A 17. Attach proposed payment schedule. See Exhibit B Department Head Sign ture RI ARD AMADRIL Central Services Manager 1. If the answer to this question is"No," the contract will require approval from the City Council. Caro"aay first Name L•ASt Name Title AA ress Lrrrt 1 t4t j %': Statt Zr k P at Fqix 951 Old County Road, Applied Analytix,LLC Daniel Mannisto CEO Suite 201 Belmont CA 94002 8664344649 6502493403 _dan@applied-analytix.com applied-analytix.com 22 Battery Street,Suite Brandis Tallman,LLC Nicki Tallman Principal 500 San Francisco CA 94111 4159125632 4159125636 ntallman brandistallman.com California Bank& Trust Brian Hodgins Vice President 1331 Broadway Sacramento CA 95818 9163414912 9164417813 bhodgins calbt.com IT/Financial Project California Municipal Implementation 12766 Larchmont 92064- Mgmt Consultant Svcs Greg Farrell Manager Street Poway CA 2637 18584867697 8584867679 cammcs c cox.net CBIZ of Orange 2301 Dupont Drive, County Marcus Davis Managing Director Suite 200 Irvine CA 92612 9494742020 9492635520 mddavis@cbiz.com DataProse Billing 1451 North Rice Ave Solutions John Garcia Account Executive Suite A Oxnard CA 93030 7077461905 7077461724 jgarcia c data rose.com E.Wagner& 5990 Stoneridge Dr., Associates,Inc. Emily Wagner President Ste 103 Pleasanton CA 194588 9254161200 9254161296 ewagner .e-wagnecnet FCS Group 50 California St,Ste Incorporated Jeanette Hahn Regional Manager 1500 San Francisco CA 94111 4152775905 4154395299 eanetteh c fesgroup.com Fieldman,Rolapp& 19900 MacArthur 92612- Associates Timothy Schaefer Principal Boulevard,Ste 1100 Irvine CA 2433 9496607300 9494748773 tschaefer@fieldman.com fieldman.com Municipal Portfolio 19762 MacArthur Finance 500,Inc. Ronald Homan Representative Blvd.,Ste.200 Irvine CA 92612 8004776266 9498515188 rhomanc finance500.com 34 Executive Park Harris&Associates Dennis Anderson Associate 4150 Irvine CA 192614 8008274901 9258274982 dnderson harris-assoe.com 500 108th Ave NE,Ste. 98004- HDR Engineering Inc. Tom Gould Vice President 1200 Bellevue WA 5549 4254506200 4254537107 tgould@hdrine.com Kevin W.Harper,CPA Kevin Harper Owner 3002 Seriana Court Union City CA 94587 5103241022 5104716932 kevinharpercpa cs.com Kitahata&Company Gary Kitahata Principal 137 Joost Avenue San Francisco CA 94131 4153371950 4152763777 _gkitahata@aol.com aol.com 4320 Auburn Blvd., MAXIMUS,Inc. Allan Burdick Vice President Suite 2000 Sacramento CA 195841 9164858102 9164850111 lallanburdick c maximus.com 94546- Maximus,Inc. Brian Foster Senior Manager 18018 Laird Court Castro Valley CA 1307 5104326367 0 brianfos ix.netcom.com MBIA MuniServices 1400 K Street,Suite Company Marina Sloan Client Services 212 Sacramento CA 95814 8054434442 5303122922 marina.sloan muniservices.com Money Matters Consulting Susan Cotton President 12316 Catalina Street Leawood KS 66209 9492791855 9133178880 s_cotton hotmail.com Municipal Auditing Services,LLC Kevin Weigant COO PO Box 3465 Pinedale CA 93650 5592915990 5592915999 mas muniaudits.com Vice President& 27368 Via Industria, MuniFinancial Anne Pelej Division Manager Suite 110 Temecula CA 92590 9515873594 9515873510 annep c muni.com 27368 Via Industria, MuniFinancial Paul Whitelaw Division Manager Suite 110 Temecula CA 92590 9515873500 9515873510 aulw muni.com Director,Consulting 32605 Highway 79 NBS Greg Ghironzi Services South,Suite 100 Temecula CA 92592 8006767516 9092961998 gghironzi nbsgov.com 870 Market Street,Ste. NBS Tim Seufert Managing Director 901 San Francisco CA 94102 8004348349 4153918439 Itseufert @nbsgov.com Northcross,Hill&Ach, G.Craig Hill Principal 999 Fifth Avenue,Ste. San Rafael CA 94901 4157852025 4157852026 Craig nhainc.net Inc. 560 Director, Payment Government Services 3 San Joaquin Plaza, Resource/TransFirst Dan Palmquist Division Suite 100 —Newport Beach CA 92660 8668199390 9496554141 d almquistutransfirst.com PFM Asset Management Michelle Durgy Consultant 633 West 5th Street Los Angeles CA 90071 (213)489-4075 (213)489-4085 durgym pfm.coni Public Financial Senior Managing 660 Newport Center Management Craig Hoshijima Consultant Drive,Ste.750 Newport Beach CA 92660 9497219422 9497219437 hoshijimacgapfm.com Union Bank of Vice President,Trust 445 S.Figueroa Street, California Carl _Boyd &Custody 5th Floor Los Angeles CA 90071 (213)236-7150 (213)236-5115 cart.bo d a uboacom Union Bank of 200 Pringle Avenue, California Michael Ferrara Vice President Suite 250 Walnut Creek CA 94597 9259473042 9259473050 michael.ferrara uboacom Union Bank of 350 California Street, California Andres Jeremi Vice President 1 Ith Floor San Francisco CA 94104 4157055043 4157055052 andy.jeremi uboacom Union Bank of Vice President, 445 South Figueroa California Eileen Lew Perez Government Markets Street Los Angeles CA 90071 (213)236-7589 (213)236-7152 eileen. erez c uboacom Senior Financial 3111 N.Tustin Ave. Urban Futures,Inc. Eva Tones-Wolf Analyst #230 Orange CA 192865 7142839334 7142839319 evaw urbanfuturesine.com 707 Wilshire Blvd,I Ith Wells Fargo Bank Lynn Love Vice President FI Los Angeles CA 90017 2136142235 2136143555 lynn.a.lovegr wellsfargo.com Wells Fargo, 707 Wilshire Blvd,I Ith Government Banking Mark Hewlett Vice President Fl MAC E2818-114 Los Angeles CA 90017 2136142234 2136143555 mark.c.hewlett c wellsfargo.com Wohlford Consulting Chad Wohlford Principal Consultant 372 Florin Road,#293 Sacramento CA 95831 (916)205-7050 (916)393-6801 chad wohlfordconsulting.com 351 California St,Ste Wulff,Hansen&Co. Mark Pressman Public Finance 1000,loth Floor San Francisco CA 94104 4154218900 4159566929 mpressman a wulffhansen.com