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HomeMy WebLinkAboutAdopt Resolution No. 2015-80 authorizing the City Manager anDept ID CA 15-016 Page 1 of 1 Meeting Date 11/16/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E Gates, City Attorney PREPARED BY: Michael E Gates, City Attorney SUBJECT: Adopt Resolution No 2015-80 authorizing the City Manager and City Attorney, acting jointly, to terminate any Professional Services Contract previously approved by the City Council Statement of Issue Currently, if a contractor fails to meet the terms of a Professional Services Contract, there is no process or authority to terminate the agreement To avoid almost certain project delays, damages to the City, and potential litigation, the City Manager, with concurrence of the City Attorney, should be given the authority to terminate the agreement Financial Impact N/A Recommended Action Adopt Resolution No 2015-80, "A Resolution of the City Council of the City of Huntington Beach Authorizing the City Manager and City Attorney, Acting Jointly, to Terminate any Professional Services Contract Previously Approved by the City Council " Alternative Action(s) Do not adopt Resolution No 2015-80, "A Resolution of the City Council of the City of Huntington Beach Authorizing the City Manager and City Attorney, Acting Jointly, to Terminate any Professional Services Contract Previously Approved by the City Council " Environmental Status N/A Strategic Plan Goal Enhance and Maintain City Service Delivery Attachment(s) 1 Resolution No 2015-80, "A Resolution of the City Council of the City of Huntington Beach Authorizing the City Manager and City Attorney, Acting Jointly, to Terminate any Professional Services Contract Previously Approved by the City Council " HB -67- Item 9. - I RESOLUTION NO. 2015-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CTI`Y MANAGER AND CITY ATTORNEY, ACTING JOINTLY, TO TERMINATE ANY PROFESSIONAL SERVICES CONTRACT PREVIOUSLY APPROVED BY THE CITY COUNCIL WHEREAS, The City Council has adopted Huntington Beach Municipal Code Chapter 3.03, which provides the framework for the approval of professional services contracts by the City; and Professional services contracts, some of which exceed One Hundred Thousand Dollars ($100,000 00) must be approved by the City Council, and The City Council desires to delegate authority to the City Manager and the City Attorney, acting jointly, to terminate contracts executed by the City Council, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: The City Manager and the City Attorney, acting jointly, are hereby authorized to terminate any professional services contract previously approved by the City Council, in accordance with the contract terms and conditions. 2. The City Attorney shall notify the City Council by email, as soon as practicable, of the termination of the contract and the reason for such cancellation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on November 16 2015. Mayor t y� INITIATED, REVIEWED AND APPR CipWajer 15-4990/128231 Res. No. 2015-80 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN 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 November 16, 2015 by the following vote AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None City CI k and ex-officiClerk of the City Council of the City of Huntington Beach, California RESOLUTION NO 2015-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING ON BEACH AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, ACTJNG JOINTLY, TO TERMINATE ANY PROFESSIONAL SERVICES CONTRACTIREVIOUSLY APPROVED BY THE CITY COUNCIL WHEREAS, The City Council has adopted Hunti/eH icipal Code Chapter 3 03, which provides the framework for the approval of pes contracts by the City, and Professional services contracts, some of which exd Thousand Dollars ($100,000 00) must be approved by the City Council, and The City Council desires to delegate authority to tand the City Attorney, acting jointly, to terminate contracts executed by the CZrty Council, NOW, THEREFORE, the City Council offfie City of Huntington Beach does hereby resolve as follows 1 The City Manager and the terminate any professional services Attorney, acting jointly, are hereby authorized to previously approved by the City Council, in accordance with the contract terms and conditions PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held/o'n , 2015 �i,JL�,�JVrs � Y \ Mayor APPROVED City Manager APPROVED