HomeMy WebLinkAbout2012 CON Mayer Hoffman McCann - Amendment #3 - Auditing ServicesTHIRD AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND
MAYER HOFFMAN MCCANN, P.C.
This Third Amendment to Agreement is enter into this 15th day of May, 2012,
by and between the City of National City, a municipal corporation (the "CITY"), and
Mayer Hoffman McCann, P.C. (the "CONSULTANT").
RECITALS
A. The CITY and the CONSULTANT entered into an Agreement on July 1, 2008,
(the "Agreement") where in the CONSULTANT agreed to provide independent
auditing services for FY 2007-2008 for $70,756.
B. The CITY and the CONSULTANT amended the Agreement on June 1, 2010,
(the "First Amendment") wherein the City extended the term of the Agreement
for one year to provide independent auditing services expiring June 30, 2011 for
$62,056.
C. The CITY and the CONSULTANT entered into the Second Amendment to the
Agreement on April 5, 2011, (the "Second Amendment") wherein the City
extended the term agreement for one year to provide independent auditing
services expiring June 30, 2012 for $37,300.
D. The parties desire to amend the Agreement to extend the term of the Agreement
for one year expiring June 30, 2013, to provide independent auditing services for
Fiscal Year 2011-2012, as set forth in the attached Exhibit "A", in the total not
to exceed amount of $42,100.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into
on July 1, 2008, shall be amended to extend term of the Agreement for one-year
expiring on June 30, 2013, to provide independent auditing services for Fiscal Year
2011-2012, as set forth in the attached Exhibit "A", in the not to exceed amount of
$42,100.
IN WITNESS WHEREOF, the parties hereto have executed this Third
Amendment to the Agreement on the date and year first above written.
--- Signature Page to Follow ---
CITY OF NATIONAL CITY
By:
orrison, Mayor
A 'ROVED AS TO FORM:
dia A ilva
City Att
MAYER HOFFMAN MCCANN, P.C.
(Corporation signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship — one signature)
By:
(Name)
110h
(Print)
(Title)
By:
(Name)
(Print)
(Title)
Third Amendment to Agreement 2 City of National City and
Auditing Services, FY 2011-2012 Mayer Hoffman Mccann, P.0
MAYER HOFFMAN McCANN P.C.
OUR HOURLY RATES AND MAXIMUM FEE
TO PERFORM THE 2012 AUDIT ENGAGEMENT
The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related
services for the City of National City, including Successor Agency to the Community
Development Commission as the National City Redevelopment Agency for the fiscal year ended
June 30, 2012.
1. City audit including Word Processing of
Comprehensive Annual Financial Report, GANN Limit Review
Procedures, and SAS #114 Communication
2. Citywide A-133 Single Audit of Federal Grants Considers testing
of 2 major programs, but excludes Section 8)
$32,500
4,000
3. GANN Limit Review Procedures 800
4. Compilation of the Annual State Controllers report for the
City of National City 4.800
$42,100
The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related
services for the Community Development Commission — Housing Authority of the City of National City
for the fiscal year ended June 30, 2012.
1. Financial and Compliance Audit of the CDC
including Kimball Towers $8,000
2. Separate HUD Required A-133 Single Audit of
Morgan Towers 7,500
3. Commission A-133 Single Audit of Federal Grants
allocable to Housing Choice 4,500
4. REAC electronic Submission to HUD and related
attestations 1.250
$21,250
The hourly rates in effect for services that may be requested outside of the scope of the engagement
for the fiscal year ended June 30, 2012 are as follows:
Classification Rate
Shareholder $195
Engagement Manager 175
Senior Associates 135
Associates 115
The period of performance will be from May 1, 2012 through March 31, 2013.
From: Lenton, Matthew [mailto:MLenton@CBIZ.com]
Sent: Tuesday, May 08, 2012 8:48 AM
To: Tina Norrdin
Subject: RE: Mayer Hoffman Amendment
Tina,
I agree to the revision to the agreement to read May 15, 2012.
Signed copies of the agreement will be mailed today.
Matt
Matthew Lenton
Mayer Hoffman McCann P.C. 1 Shareholder
An Independent CPA Firm
CBIZ MHM, LLC Managing Director
2301 Dupont Drive, Suite 200
Irvine, CA 92612
t: 949.474.2020 extension 300
c: 949.433.8562
f: 949.263.5 520
e: mlentonQcbiz cam_
Connect_wittl-m.....4n Lin.kedln
www.cbiz.com and www.mhm-pc,com
Visit our new w b i !
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5/8/2012
RESOLUTION NO. 2012 — 103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO
THE AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., TO EXTEND
THE TERM OF THE AGREEMENT FOR ONE YEAR TO PROVIDE
INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR 2011-2012
IN THE NOT TO EXCEED AMOUNT OF $42,100
WHEREAS, on July 1, 2008, the City Council adopted Resolution 2008-130,
entering into an Agreement with Mayer Hoffman McCann, P.C., ("Mayer Hoffman") on July 1,
2008, (the "Agreement") to provide independent auditing services for FY 2007-2008 for $70,756;
and
WHEREAS, on June 1, 2010, the City Council adopted Resolution 2010-110,
entering into the First Amendment to the Agreement in the amount of $62,056 to extend the
term of the Agreement for one year, expiring June 30, 2011; and
WHEREAS, on April 5, 2011, the City Council adopted Resolution 2011-81,
entering into the Second Amendment to the Agreement in the amount of $37,300 to extend the
term of the Agreement for one additional year, expiring June 30, 2012; and
WHEREAS, the City and Mayer Hoffman desire to amend the Agreement to
extend the term of the Agreement for one additional year, expiring June 30, 2013, to provide
independent auditing services for Fiscal Year 2011-2012 for the total not to exceed amount of
$42,100.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Third Amendment to the Agreement
between the City of National City and Mayer Hoffman McCann, P.C., to extend the Agreement
for a one-year term expiring June 30, 2013, to provide independent auditing services for Fiscal
Year 2011-2012, in the not to exceed amount of $42,100. Said Third Amendment to the
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 15th day of May, 2012.
orison, Mayor
ATTEST:
Michael R. Dalla,'City Clerk
Passed and adopted by the Council of the City of National City, California, on May 15,
2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
I 4,
City Clerk of the Citf of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-103 the City of National City, California, passed and adopted
by the Council of said City on May 15, 2012.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: May 15, 2012
AGENDA ITEM NO. 19
ITEM TITLE:
Resolution of the City of National City authorizing the Mayor to execute the third amendment to the agreement between the
City of National City and Mayer Hoffman McCann P.C., in the amount of $42,100, for independent auditing services to
include the Fiscal Year Ended June 30, 2012.
PREPARED BY: Tina Norrdin, FS0 DEPARTMEN
PHONE: 619-336-4331 APPROVED
EXPLANATION:
On July 1, 2008, following a competitive selection process, the City of National City entered into an agreement with Mayer
Hoffman McCann, P.0 (MHM), an independent auditing firm. Under the terms of the agreement, MHM was retained to perform
a comprehensive fiscal year end audit and prepare associated documents, related to the City's finances and those of the
Community Development Commission (CDC) — Redevelopment. To date, the City Council has approved two amendments to
the agreement, thereby extending the term of the agreement through June 30, 2012.
The purpose of the requested action is to authorize a final extension of the agreement through June 30, 2013. The extension
will allow MHM to complete the fiscal year ended June 30, 2012 audit work anticipated in extension two (approved April 5,
2011) and to assist staff with any associated clean up work necessitated by audit findings and /or efforts associated with the
State mandated dissolution of the Community Development Commission (CDC) — Redevelopment. Given the total duration of
this agreement, including extensions, staff will initiate a competitive process by way of a Request for Proposals prior to the end
f fiscal year 2012/13 for continued independent audit services, beginning with the auditing of fiscal year ended June 30, 2013.
FINANCIAL STATEMENT:
ACCOUNT NO.
632-404-045-201-0000
Funds are budgeted in the amount of $42,100
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. City Council Resolution
2. Third Amendment to the Agreement between the City of National City and MHM
3. MHM Agreement
RESOLUTION NO. 2012 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO
THE AGREEMENT WITH MAYER HOFFMAN MCCANN, P.C., TO EXTEND
THE TERM OF THE AGREEMENT FOR ONE YEAR TO PROVIDE
INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR 2011-2012
IN THE NOT TO EXCEED AMOUNT OF $42,100
WHEREAS, on July 1, 2008, the City Council adopted Resolution 2008-130,
entering into an Agreement with Mayer Hoffman McCann, P.C., ("Mayer Hoffman") on July 1,
2008, (the "Agreement") to provide independent auditing services for FY 2007-2008 for $70,756;
and
WHEREAS, on June 1, 2010, the City Council adopted Resolution 2010-110,
entering into the First Amendment to the Agreement in the amount of $62,056 to extend the
term of the Agreement for one year, expiring June 30, 2011; and
WHEREAS, on April 5, 2011, the City Council adopted Resolution 2011-81,
entering into the Second Amendment to the Agreement in the amount of $37,300 to extend the
term of the Agreement for one additional year, expiring June 30, 2012; and
WHEREAS, the City and Mayer Hoffman desire to amend the Agreement to
extend the term of the Agreement for one additional year, expiring June 30, 2013, to provide
independent auditing services for Fiscal Year 2011-2012 for the total not to exceed amount of
$42,100.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Third Amendment to the Agreement
between the City of National City and Mayer Hoffman McCann, P.C., to extend the Agreement
for a one-year term expiring June 30, 2013, to provide independent auditing services for Fiscal
Year 2011-2012, in the not to exceed amount of $42,100. Said Third Amendment to the
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 15th day of May, 2012.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
THIRD AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND
MAYER HOFFMAN MCCANN, P.C.
This Third Amendment to Agreement is enter into this 17th day of April, 2012,
by and between the City of National City, a municipal corporation (the "CITY"), and
Mayer Hoffman McCann, P.C. (the "CONSULTANT").
RECITALS
A. The CITY and the CONSULTANT entered into an Agreement on July 1, 2008,
(the "Agreement") where in the CONSULTANT agreed to provide independent
auditing services for FY 2007-2008 for $70,756.
B. The CITY and the CONSULTANT amended the Agreement on June 1, 2010,
(the "First Amendment") wherein the City extended the Agreement for one year
to provide independent auditing services expiring June 30, 2011 for $62,056.
C. The CITY and the CONSULTANT entered into the Second Amendment to the
Agreement on April 5, 2011, (the "Second Amendment") wherein the City
extended the agreement for one year to provide independent auditing services
expiring June 30, 2012 for $37,300.
D. The parties desire to amend the Agreement to extend the term of the agreement
for a one year expiring June 30, 2013, to provide independent auditing services
for Fiscal Year 2011-2012, as set forth in the attached Exhibit "A", in the total
not to exceed amount of $42,100.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into
on July 1, 2008, shall be amended to extend the Agreement for a one-year term expiring
on June 30, 2013, to provide independent auditing services for Fiscal Year 2011-2012,
as set forth in the attached Exhibit "A", in the not to exceed amount of $42,100.
IN WITNESS WHEREOF, the parties hereto have executed this Third
Amendment to the Agreement on the date and year first above written.
--- Signature Page to Follow ---
CITY OF NATIONAL CITY MAYER HOFFMAN MCCANN, P.C.
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship — one signature)
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
By:
(Name)
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(Print)
(Title)
By: �lL—
(Name)
ur~ /1 u `,JES
(Print)
S `A1tZ b
(Title)
•
•
Third Amendment to Agreement 2 City of National City and
Auditing Services, FY 2011-2012 Mayer Hoffman Mccann, P.0
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
MAYER HOFFMAN MCCANN P.C.
THIS AGREEMENT is entered into this 1st day of July 2008, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Mayer Hoffman
McCann, P.C., a "CONTRACTOR".
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
Independent Auditing Services.
WHEREAS, the CITY has determined that the CONTRACTOR is an
Independent CPA Firm and is qualified by experience and ability to perform the services desired
by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR . The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time
reduce or increase the Scope of Services to be performed by the CONTRACTOR under this
Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 10% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Jeanette Ladrido, Finance Director, hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jason
Al -Imam, Manager, thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the City Manager. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the
CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or
acceptability of the work, the manner of performance andor the compensation payable to the
CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written
notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance andor the compensation payable to the CONTRACTOR.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further
effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
2
City's Standard Agreement —June 2008 revision
•
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
B. INDEPENDENT CONTRACTOR. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the
rights, benefits, or privileges of the CITY's employees, including but not limited to retirement,
medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from
employing or hiring as many employees, or SUBCONTRACTORs, as the CONTRACTOR may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its subcontractor(s) shall require the SUBCONTRACTOR to adhere to the
applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to
represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent
CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its SUBCONTRACTORs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONTRACTOR's trade or profession currently practicing under
3
City's Standard Agreement - June 2008 revision
similar conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR's professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
4
•
Citys Standard Agreement — June 2008 revision
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with
all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONTRACTOR's, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
0 A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence$2,000,000 aggregale, covering all bodily injury and property damage arising out
of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
5
City's Standard Agreement — June 2008 revision
H. Any aggregate insurance limits must apply solely to this Agreement.
Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees 10 the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATIONARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
6
•
City s Standard Agreement - June 2008 revision
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein_
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR ,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONTRACTOR :
Jeanette Ladrido, CPA
Finance Director
Finance Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Michael A. Harrison, CPA
Shareholder
2301 Dupont Drive, Suite 200
Irvine, CA 92612
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
7
City's Standard Agreement - June 2008 revision
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself
and shall not use its official position to influence in any way any matter coming before the CITY
in which the CONTRACTOR has a financial interest as defined in Government Code Section
87103. The CONTRACTOR represents that it has no knowledge of any financial interests that
would require it to disqualify itself from any matter on which it might perform services for the
CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain
from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of.
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
8
•
City's Standard Agreement - June 2008 revision
Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
APPROVED AS TO FORM:
IIE
George H. Eiser, III
City Attorney
By:
MAYER HOFFMAN MCCANN, P.C.
Michael A. Harrison
Shareholder
By:
Ker Al -Imam
Shareholder
9
City's Standard Agreement - June 2008 revision
Mayer Hoffman McCann P.C. Exhibit A
OUR HOURLY RATES AND MAXIMUM FEE
TO PERFORM THE 2008 AUDIT ENGAGEMENT
The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and
related services for the City of National City.
I. City audit including Word Processing of Comprehensive
Annual Financial Report, GANN Limit Review
Procedures, Expanded Sccpe for SAS #104-111 and
SAS #114
Fiscal Year Ended
June 30, 2008
$33,876
2. Financial and Compliance Audit of the CDC including
Kimball Towers 14,000
3. Separate HUD Required A-133 Single Audit of Morgan
Towers including REAC electronic submission to I IUD
and related attestations
4. A-133 Single Audit of Federal Grants allocable to
a. Housing Choice
b. Title III and other Grants
(Single audit considers testing of 2 major
programs)
5. Audit of National City Transit and related wind-up of
activities and asset transfers
8,725
5,000
4,455
3.700
$70 •
The hourly rates in effect for services that may be requested outside of the scope of the
engagement are as follows:
Fiscal Year Ended
Classification June 30, 2008
Shareholder
Engagement Manager
Senior Associates
Associates
5225
150
120
100
The audit work will be performed between July 1, 2008 and June 30, 2009- ,,�}i
Mayer Hoffman McCann P.C.
Board Resolution
The undersigned, being all members of the Board of Directors of Mayer Hoffman
McCann P.C., a Missouri professional corporation "the Corporation', do hereby approve
and adopt the following resolution:
RESOLVED, that the shareholders of Mayer Hoffman McCann P.C. as listed
below are hereby authorized to sign and execute contracts to provide professional
services on behalf of the Corporation.
1. Ron Conrad
2. Ken Al -Imam
3. Michael Harrison
4. Marcus Davis
5. Michael Gutierrez
6. Ron Rolwes
7. Jennifer Christian
8. Randal Vellocido
IN WITNESS WHEREOF, the undersigned have hereunto subscribed their names
effective as of May 18, 2007.
William L. Hancock
Richar• . :^
Barry M. =� r;, • a..
Ernes] h 7
/1'2
Paul E Nation
trita
Frank Maughan
RESOLUTION NO. 2008 — 130
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT
WITH MAYER HOFFMAN MCCANN, P.0
FOR INDEPENDENT AUDITING SERVICES
FOR FISCAL YEAR ENDED JUNE 30, 2008
WHEREAS, the Cily desires to employ a contractor to provide independent
auditing services for the City and the Community Development Commission of the City of
National City; and
WHEREAS, the City has determined that Mayer Hoffman McCann, P.C., is a
certified public accounting firm and is qualified by experience and ability to perform the services
desired by the City, and is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute on behalf of the Cily an Agreement with
Mayer Hoffman McCann, P.C., to provide independent auditing services for the City and the
Community Development Commission of the City Of National City. Said Agreement is on file in
the office of the City Clerk.
PASSED and ADOPTED this 1st day of July, 2008.
Ron Morrison, Mayor
ATTEST:
a
Mi ael R. Della City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on July 1,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
By:
Mayor of the City of National City, California
City Clerk of the City of ational City, California
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-130 of the City of National City, California, passed and
adopted by the Council of said City on July 1, 2008.
City Clerk of the City of National City, California
By:
Deputy
v
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 1, 2008
AGENDA ITEM NO.
9
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MAYER HOFFMAN
MCCANN P.C. FOR INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDED JUNE
30, 2008
PREPARED BY Jeanette Ladrido, CPA
EXPLANATION
DEPARTMENT
Finance Director Finance x 4331
On April 20, 2004, the City and the Community Development Commission of the City of National City
(CDC) awarded a four-year contract for Independent Auditing Services to Conrad and Associates. On
March 21, 2006, an amendment to the contract was executed because Conrad and Associates
changed their form of doing business and merged into another legal entity known as Mayer Hoffman
McCann, P.C. The audit firm has provided excellent customer service and expertise in the finances of
the City and the CDC. With that, staff recommends executing an agreement for auditing services for
the fiscal year ended June 30, 2008.
Staff will issue a Request for Proposal of Auditing Services for a period of four (4) years beginning in
fiscal year 2008-09 through fiscal year 2011-12.
Environmental Review X N/A
Financial Statement
Funding in the amount of $70,756 is available through the General Accounting Services, Tax Increment
and Section 8 funds.
Approved _by: 1L..-
'1�A} ( Finance 1 irector
Account No.
STAFF RECOMMENDATION
Staff recommends to execute the agreement for the fiscal year ended June 30, 2008 at a cost of $70,756.
Appropriate costs will be allocated to the Community Development Commission.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Resolution
2. Exhibit A
3. Agreement
A-200 (9/80)
ACORD, CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (847) 385-6800
Lemma Insurance Group, Inc.
111 W. Campbell Street
4th Floor
Arlington Heights, IL 60005
mums --
Mayer Holtman McCann P.C.
11440 Tomahawk Creek Parkway
Leawood, KS 86211
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 PAIO CLAIMS.
_ ., _...._._. _. .. POLICY 'murk POLICY EXPIRATION
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SPATEOII1DD/VYYYI,..
11/1/2011 '.
THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDND OR
ALTER THE COVERR. THIS AGECAFFFFORDED BY THE POLICES NOT AMEND IES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA. Interstate Fire &Casualty Company
INSURERS.
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OESCRIPTIDNOFOPERATIIRM/LOCATIONS/VENICLFS/EXCLUSIONS ADDEDDT ENDORSEMENT/SPECIAL PROVISIONS.:.
CERTIFICATE HOLDER
City of National City
Attn: Chris Zapata
1243 National City Blvd.
National City, CA 91950
ACORD 25 (2001/08)
EACHOODURRENCE
AGGREGATE
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$1,000,000 Per Claim and. Annual
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CANCELLATION
-.: SHOULD ANT OFYREABOVEDESCRIBED POLICES BECANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL 30 BAYS WRITTEN_
HDIiCE TO THE CFAIIRCA7E WIDER NAMED TO 7p1! LEFT, BUT FAILURE TO OD SO SINLL...,
appose No 011 OR F ANY RIND UPON ma WBURER. ns AGOITS on
REPRESENTATIVES : )
D ACORD CORPORATION 1988
Client#: 2372
CBIZINC
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MWDDPITYY)
9/26/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
) BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CBIZ Insurance Services
9755 Patuxent Woods Drive
Suite 200
Columbia, MD 21046
CONTACT
PHONE FAx
Fxt): 888-553 8500 (A/C, No$ 3017243953
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INSURER(S) AF0RDING COVERAGE
NAIL0
INSURER A : Hartford Insurance
INSURED
Mayer Hoffman McCann P.C.
11440 Tomahawk Creek Parkway
Leawood, KS 66211
INSURER B : The American Insurance Co
21857
INSURER c:
INSURER D:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED��LtJIBYPAIDCLAIMS.
INSR
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INSR
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POLICY NUMBER
(PMMNDTYEYV 1)
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LIMITS
A
GENERAL
X
LIABILITY -
COMMERCIAL GENERAL LIABILITY
42UENMF4642
09/30/2011
09/30/2012
EACHOCCURRENCE$1,000,000
PREMISEES fEa o¢u, ante)
$ 300,000
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$10,000
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GENT AGGREGATE
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LIMIT APPLIES PER
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$2,000,000
$
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AUTOS
42UENMF4643
09/30/2011
09/30/2012
(E MaBWa oUSINGLELIMIT
$1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
S
$
B
X
UMBRELLA UAB
EXCESS LIMB
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CLAIMS -MADE
SU000014824809
0913012011
09/30/2012
EACH OCCURRENCE
s25,000,000
AGGREGATE
s25,000,000
DEB X RETENTON$0
$
A
WORKERS COMPENSATOR
AND EMPLOYERS' LIABILITY
ANY PROPRIE�T7OR/PARTNER/EXECUTIVEY/N
OFFICER/MEMBER EXCLUDED? n
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DE CRIPTION OF OPERATIONS below
N/A
42WECLH2945
09/30/2011
09/30/2012
X WORTH UITS OTH-
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$1,000,000
E.L. DISFA F- EA EMPLOYEE
$1,000,000
EL DISEASE -POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required)
CERTIFICATE HOLDER
CANCELLATION
City of National City
City Attorney's Office
1243 National City Blvd
National City, CA 91950-0000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CBIZ Insurance Services, Inc.
ACORD 25 (2010/05) 1 of 1
#S514054/M513995
id 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SGM
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 8, 2008
Mr. Michael A. Harrison
Mayer Hoffman McCann, P.C.
2301 Dupont Drive, Suite 200
Irvine, CA 92612
Dear Mr. Harrison,
On July 1s`, 2008, Resolution No. 2008-130 was passed and adopted by the City
Council of the City of National City, authorizing the execution of an agreement
with Mayer Hoffman McCann, P.C.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original agreement.
Sincerely,
Michael R. Latta, CMC
City Clerk
Enclosures
cc: Finance Dept.
Recycled P.iper
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalia, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
May 22, 2012
Mr. Matthew Lenton
Mayer Hoffman McCann, P.C.
2301 Dupont Drive, Suite 200
Irvine, CA 92612
Dear Mr. Lenton,
On May 15`h, 2012, Resolution No. 2012-103 was passed and adopted by the City
Council of the City of National City, authorizing execution of a Third Amendment to an
Agreement with Mayer Hoffman McCann, P.C.
We are enclosing for your records a certified copy of the above Resolution and a fully
executed copy of the Amendment.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures