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HomeMy WebLinkAboutBeech & Collins - 1992-02-18 (2) CITY OF HUNTINGTON BEACH ;c; 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 19, 1992 Beech & Collins 20422 Beach Blvd. , #325 Huntington Beach, CA 92648-4347 The City Council of the City of Huntington Beach at the regular meeting held Tuesday, February 18, 1992, approved an agreement between the City of Huntington Beach and Beech and Collins to obtain registration of the term "Surf City-Huntington Beach." Enclosed is an executed copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc. (Telephone:714-536-5227) REQUEST FOR CITY COUNCIL ACTION Date February 18, 1992 Submitted to: The Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City AdministratorRia, Prepared by: Ron Hagan, Director, Community Services Subject: AGREEMENT WITH BEECH & COLLINS TO REGISTER THE TERM "SURF CITY HUNTINGTON BEACH" Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Akernative *•nnc, achm nt • 0 APPROVED B 1 CITy UU UN GIL A - /P 191A STATEMENT OF ISSUE • �� 9' 1 I CY CL. K The contract with the law firm of Beech & Collins to obtain registration of the term "Surf City Huntington Beach" has been prepared and needs Council approval . RECOMMENDATION Approve agreement with Beech & Collins to register the term "Surf City Huntington Beach, " and authorize the Mayor to execute same. ANALYSIS At its September 16, 1991 meeting, Council adopted the words "Surf City Huntington Beach" as an official theme of the City of Huntington Beach, and authorized the expenditure of $2, 500 for patent and copyright services for this text logo. In addition, Council approved the "Surf City Huntington Beach" Marketing Strategy on January 6, 1992, which requires official registration of the "Surf City" term. The City Attorney' s Office has prepared the contract with Beech & Collins for the registration services and Council approval is necessary in order for this work to be done. FUNDING SOURCE $2, 500 from the General Fund as approved by Council on September 16 , 1991 (FIS 91-25 ) . ALTERNATIVE ACTION Do not approve the agreement with Beech & Collins; solicit other bids for these services. 1 PIO 5/85 4 u REQUEST FOR COUNCIL ACTION February 18, 1992 Page two ATTACHMENT Agreement with Beech & Collins RH:cs LPL-9248721-3 Rental/Val Certificate Policy Number' Professional Liability Insurance Policy Attach to your expiring declarations. HOW- This is a claims made Policy. Please review the Policy carefully. The'Policy is limited to liability for only those claims that are first made against the Insured during the policy period. Insured by the stock company below and hereinafter called the company The Home Insurance Company of Indiana Indianapolis, Indiana Item 1. Named Insured and Address(Number,Street.Town or City.County,State,Zip Code) Producer Name BEECH & COLLINS SEDGWICK JAMES OF CALIFORNIA, INC . 20422 BEACH BLVD. SUITE 230 Item 2. Policy Period • HUNTINGTON BEACH ORANGE From(Day-Mon-Yr) To(Day-Mon-Yr) CA 92648 01-Oct-1991 01-Oct-1992 • 12:01 A.M.Standard Time at the address of the Named Insured as stated herein. Item 3. Form of Named Insured's Business Insured is Partnership And Those Professionals Listed on the Application. Item 4. Limit of Liability APPROVED;D AS TO FORM:; Each Claim $ 500,000 CAIL HUTTON Aggregate $ 1 , 000, 000 C ATTO By: Item 5. Deductible Deputy City At orney 2 , 500 Per Claim $ Item 6. Premium PREMIUM $14 , 108 . 00 SURCHARGE $70 . 54 NO. OF PROFESSIONALS 2 Item 7. Policy Changes and Endorsements(The endorsements noted below are part of this policy and either became effective at the inception of or during the preceding Policy Period(s),or will become effective at the inception of the Renewal Period.) H35867 05/89 CA ASSOC SURCHARGE H36581 05/86 LPL POLICY JACKET H37243 02/88 CANCELLATION ENDST H37441 10/89 CA FAST TRACK SUPP H37683 10/88 ARBITRATION ENDST H35497 03/87 PRIOR ACTS EXCLUSION b'ZI vbiGK JAN1E5 Issue Date Remarks Countersigned or-California Inc. Do Not LOS ANGELES, C 04-Oct-1991 Write In This Box Authorized R !yagteuit_ Countersign Date INSURED'S COPY H38298F(C)Ed.10-90 PROFESSIONAL LIABILITY INSURANCE POLICY D• ~LAVii•YERS Provisions (A stock insurance company, hereinafter call a Company) In consideration of the undertaking of the Named Insured to pay, w en due, the premium and t e deductible as described herein and in the amounts stated in the De in re lance upon the statements in the application attached hereto and made a part hereof, and subject to the limits of liability shown in the Declarations, and subject to all of the terms of this insurance, the company agrees with the Named Insured as follows: This is a Claims Made Policy— Please Read Carefully Section A— Insured Section B — Coverage I. The Insured: The word "Insured," whenever I. Professional Liability and Claims Made Clause: used in this policy, means: To pay on behalf of the Insured all sums in excess of the deductible amount stated in the (a) The Named insured firm or persons named Declarations which the insured shall become in the Declarations, or any lawyer or legally obligated to pay as damages as a result of professional legal corporation who during the CLAIMS FIRST MADE AGAINST THE INSURED policy period becomes a partner, officer, DURING THE POLICY PERIOD AND REPORTED TO director or employee of the firm; THE COMPANY DURING THE POLICY PERIOD caused by any act, error or omission for which the (b) any lawyer or professional legal corporation Insured is legally responsible, and arising out of who was a former partner, officer, director or the rendering or failure to render professional employee of the firm or predecessor firm(s) services for others in the Insured slcapacity as a solely while acting in a professional capacity on lawyer or notary public:;'`;°P behalf of such firms; ,;,n:, , `: It is a condition,,precedent;to coverage under this (c) any lawyer or professional legal corporation +policy that al,l claims b'e'`reported in compliance with the S:ecfionF CLAIMS I. NOTICE OF CLAIMS. who was a partner, officer, director or employee . of the firm or predecessor firm(s) who hasp;; `` "' . "` •. retired from the practice of law,,:but only fo,r _ :M;:': PROVIDED ALWAYS THAT such act, error or ,,;=';.. omission happens: those professional services rendered priortd the date of retiremertt#rom theulns fired firm; (a) during the policy period; or, (d) any'non,,lawyervvho was, is now, or (b) prior to the policy period, provided that prior hereinafter;;becomes an employee of the firm or to the effective date of the first Lawyers predece'sSor firm(s) solely while acting within Professional Liability Insurance Policy issued the scope of such person's duties as an by this Company to the Named Insured or employee; predecessor law firm and continuously renewed and maintained in effect to the inception of this (e) as respects to the liability of each Insured policy period: as is otherwise covered herein, the heirs, executors, administrators, assigns and legal 1) The Insured did not give notice to any prior representatives of each Insured in the event of insurer of any such act or error, and death, incapacity or bankruptcy; 2) the Named Insured, any partner, (f) any lawyer acting as "of counsel," but only shareholder, employee, or where appropriate the Named Insured's management committee while performing services on behalf of the or any member thereof, had no reasonable Insured, any employed lawyer or any other basis to believe that the Insured had breached employee. a professional duty or to foresee that a claim II. Firm Changes: Any material change among the would be made against the Insured; and partners or stockholders of the Named Insured 3) there is no prior policy or policies which during the policy period should be reported to the provide insurance for such liability or claim, Company immediately, and the Company given unless the available limits of liability of such the right to decline to continue coverage or to prior policy or policies are insufficient to pay charge an additional premium therefor. any liability or claim, in which event this Page 1 of 9 L10035 Ed.5.86 amount or otherwise, this insurance shall become Company or by mailing to the Company written void as to such Insured from the date such notice stating when thereafter such cancellation fraudulent claim is preoffered. shall be effective. If cancelled by the Insured, the Section G — Conditions Company shall retain the customary short rate proportion of the premium. I. Application: By acceptance of this policy, the Insured agrees that the statements in the This policy may be cancelled by the Company by application are personal representations, that they mailing to the Named Insured in the Declarations shall be deemed material and that this policy is written notice stating when, not less than thirty (30) issued in reliance upon the truth of such days thereafter, such cancellation shall be representations and that this policy embodies all effective. Such notice shall be conclusive on all agreements existing between the Insured and the Named Insureds. Company, or any of its agents, relating to this insurance. However, if the Company cancels the policy because the Insured has failed to pay a premium II. Other Insurance: Subject to the limitation of or deductible when due, this policy may be coverage as set forth in Section B COVERAGE I. cancelled by the Company by mailing a written (b) for prior insurance, and Section B COVERAGE notice of cancellation to the Insured stating when V. for insurance procured subsequent to not less than ten (10) days thereafter such termination of practice, this insurance shall be in cancellation shall be effective. The mailing of excess of the amount of the applicable deductible notice as aforementioned shall be sufficient notice of this policy and any other valid and collectible and the effective date of cancellation stated in any insurance available to the Insured whether such notices shall become the end of the policy period. other insurance is stated to be primary, pro rata, Delivery of such written notice by the Named contributory, excess, contingent or otherwise, Insured or the Company shall be the equivalent to unless such other insurance is written only as a mailing. specific excess insurance over the limits of liability provided in the policy. If cancelled by the Company, earned premium III. Changes: Notice to any agent or knowledge shall be computed pro rata. Premium adjustment possessed by any agent or other person acting on may be made at the time cancellation is effected behalf of the Company shall not affect a waiver or or as soon as practicable thereafter. a change in any part of this policy or estop the Company from asserting any right under the terms Definitions-Reference of the policy, nor shall the terms of the policy be Certain words are specifically defined for the waived or changed, except by written policy and the definitions are to be found in the endorsement issued to form a part of this policy. sections set forth below: IV. Assignment: Assignment of interest under this policy shall not bind the Company unless its (a) Claim, damages, policy period — see consent is endorsed in writing hereon. Section B COVERAGE I. V. Cancellations: This policy may be cancelled by (b) Claim expenses— see Section E LIMITS OF the Named Insured by surrender thereof to the LIABILITY V. IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company. • \ b - . 1I V o o cJ► i T. Bowring Woodbury, II Arthur Phillips Steven Newman Secretary President President THE HOME INSURANCE COMPANY THE HOME INSURANCE COMPANY OF INDIANA THE HOME INDEMNITY COMPANY THE HOME INSURANCE COMPANY OF ILLINOIS Page 8 of 9 L Workers' APPROVED AS TO FORM: • STATE GAIL HUTTON Compensation COMPENSATION CITY ATTO p INSURANCE $ Emolover's FUND Deputy C3ty Attorney • Liability Insurance Policy INTRODUCTION In return for the payment of the premium and subject to Compensation Insurance Fund) agree with you (the all terms and conditions of this policy, we (the State employer named in the Declarations) as follows: GENERAL SECTION A. THE POLICY C. WORKERS' COMPENSATION LAW This policy includes the Declarations and all en- Workers' compensation law means the Workers' dorsements and schedules attached to it. It is a Compensation Laws of the State of California contract of insurance between you and us.The only (which include injury by both accident and disease). agreements relating to this insurance are stated in It includes any amendments,to that law which are this policy. in effect during the policy period. It does not include the provisions of any law that provide non- The terms of this policy may not be changed or occupational disability benefits. waived except by endorsement issued by us to be part of this policy. You are responsible for telling D. LOCATIONS us at once when the information contained in this This policy covers all of your workplaces listed in policy is no longer accurate for your operations. the Declarations; and it covers all of your other This policy, including the Declarations, en- workplaces in California unless you have other in- dorsements and schedules attached to it, con surance or are self insured for such workplaces. stitutes the entire contract of insurance. No condi- E. WHO IS ELIGIBLE tion, provision, agreement or understanding not FOR BENEFITS stated in this policy contract will affect any rights, duties or privileges in connection with this policy Your employees(or in the event of their death, their contract. dependents) are eligible for benefits under this B. WHO IS INSURED policy, except that: 1. Employees who are covered for workers'compen- You are insured for your liability to your employees sation benefits on a policy also affording corn- if you are the employer named in the Declarations, prehensive personal liability (CPL) insurance subject to the provisions of this policy. issued to you are not eligible for benefits under this policy. This policy does not insure the liability of any employer other than the employer named in the 2. Employees who are excluded under the workers' Declarations. compensation law are not eligible for benefits Page 1 of 7 PART FIVE—PREMIUM, Continued that relate to this policy. These records include crease in premium or in the rates of premium which ledgers,journals, registers,vouchers,contracts, tax may be promulgated under any rating plan ap- reports, payroll and disbursement records and pro- proved by the Insurance Commissioner of the State grams for storing and retrieving data.We may con- of California, and that the effective date of any such duct the audits during regular business hours dur- increase shall be the effective date thereof fixed in ing the policy period and within three years after accordance with the provisions of any such rating the policy period ends. Information developed by plan so approved by the Insurance Commissioner. audit will be used to determine final premium.The Also the rates used to determine the premium are Workers' Compensation Insurance Rating Bureau subject to increase during the term of the policy if has the same rights we have under this provision. an increase in rates applicable to policies in force is approved by the Insurance Commissioner of the H. RATE CHANGES State of California, and that the effective date of This policy is issued by us and accepted by you any such increase shall be the date fixed by the In- with the agreement that you will accept any in surance Commissioner. PART SIX—CONDITIONS A. INSPECTION If you die and we receive notice within thirty days after your death, we will cover your legal representa- We have the right, but are not obliged, to inspect tive as insured. your workplaces at any reasonable time. Our in- spections relate to the insurability of the D. CANCELLATION workplaces and the premiums to be charged. We may give you reports on the conditions we find.We 1. You may cancel this policy. You must mail or may also recommend changes.While they may help deliver advance written notice to us stating when reduce losses, we do not undertake to perform the the cancellation is to take effect. duty of any person to provide for the health or safe- If certificates of insurance issued by us are in ef- ty of your employees or the public. We do not war- fect, your advance notice to us must be no less rant that your workplaces are safe or healthful or than the maximum number of days' notice we that they comply with laws, regulations, codes or have agreed to give any one certificate holder standards. The Workers' Compensation Insurance when the policy is cancelled. Rating Bureau has the same rights we have under this provision. 2. We may cancel this policy. We must mail or deliver to you not less than ten days' advance B. LONG TERM POLICY written notice stating when the cancellation is to take effect. Mailing that notice to you at the If this policy is written for a period longer than one mailing address shown in the Declarations will year, all the provisions of this policy shall apply be sufficient to prove notice. separately to each consecutive twelve month period, or, if the first or last consecutive period is 3. The policy period will end on the day and hour less than twelve months,to such period of less than stated in the cancellation notice. twelve months, in the same manner as if a separate 4. Any of these provisions that conflicts with a law policy had been written for each consecutive period. that controls the cancellation of the insurance Until your policy terminates,your deposit premium in this policy is changed by this statement to will be transferred to each consecutive policy period comply with that law. to act as a deposit in the same manner as if a separate policy had been written. E. OUR NOTICE TO YOU C. TRANSFER OF YOUR RIGHTS Mailing documents that relate to this policy to you AND DUTIES at the mailing address shown in the Declarations will be sufficient to prove notice to you of that Your rights or duties under this policy may not be document. transferred without our written consent. Page 6 of 7 DECLARATIONS , iIPRMERS: S;ECIAC ' M6ROUP psi SENTINEL TRUCK INSURANCE EXCHANGE ///./��''p}`" '� PACKAGE 4680 Wilshire Blvd., Los Angeles, California 90010 SUPER Prod. 1. Named • MICHAEL R. COLLINS Count Insured • DBA: LAW OFFICES OF MICHAEL R. COLLINS Prematic Acc't No. Mailing • 20422 BEACH BLVD SUITE 325 97 18 369 1493 98 19 Address • HUNTINGTON BEACH CA 92648-4347 Agent Policy Number ,,, 1,°l The named insured is an individual unless otherwise'stated: 0 Partnership 0 Corp. El Other hi, Type of Business: OFFICE _2. Policy Period from 5-26-88 (not prior to time applied for)to 5-26-89 I'i 'at NOON Standard Time(12:01 AM in California,Oregon,Arkansas,Washington,Idaho,and Oklahoma.)This policy will continue for successive ,i`. •policy periods as follows: If we elect to continue this insurance, we shall renew this policy if you pay the required renewal premium for each ii;ii successive policy period subject to our premiums, rules, and forms then in effect. You must pay us prior to the end of the current policy S c period or else this policy will expire. If a mortgagee is named in this policy,we shall continue this insurance for the mortgagee's interest for ten i,!;; days after written notice of termination to the mortgagee and then this policy will terminate. i'`:'' �d!r; 3. Insured Location same as mailing address unless otherwise stated: i"'`'' Mortgagee • mils+, 11.: t Loan # Loan # $ 257.00 Premium N/B Policy Forms and Endorsements attached at inception iN ❑ X if $ 10.00 Membership Fee ,, �, Mtg. Pays $ 267.00 TOTAL CHARGES E0207(1ST ED) E4263(1ST ED) E6125(1ST ED) 4i,;iu E4001(1ST ED) S9043(1ST ED) E0221(1ST ED) I ,,$ $ 126.00 Payments or Credit E6300(1ST ED) $ 141.00 4 BALANCE DUE $ 4 REFUND We provide insurance only for those coverages indicated by a specific limit or by an e COVERAGES LIMITS OF INSURANCE DEDUCTIBLE A - Building $ $OO applies unless z d below SECTION 1 B - Business Personal Property $ 10,000 Q$250 0 $500 C - Loss of Income (Not exceeding 12 consecutive months) ACTUAL LOSS SUSTAINED NONE Property OPTIONAL COVERAGES and ❑ Swimming Pool $ Loss of ❑ Fences and Walkways $ SEE ABOVE Income ❑ Building Glass (Blanket) REPLACEMENT COST DEDUCTIBLE ❑ Outdoor Sign Coverage $ - ® Earthquake Damage See Coverages 02%ea.loss1115%ea.loss A,B, & C f 10% each loss LIMITS OF LIABILITY DEDUCTIBLE SECTION II EACH OCCURRENCE D - Business Liability $ 1,000 ,000 APPLIES Liability The completed operations and products hazards combined is an aggregate TO and limit of Liability for all occurrences during the policy period ADVERTISING Medicals E - Fire Legal Liability $ 75,000 INJURY ONLY F - Medical Payments to Others . $5,000 each $ 25,000 SEE POLICY , person LIMITS OF INSURANCE DEDUCTIBLE SECTION III Agreement I - Employee Dishonesty $ - 5,000 NONE Agreement II - Broad Form Money and Securities - Inside $ 1,000 $100 Agreement III - Broad Form Money and Securities - Outside $ 1,000 $100 Crime Agreement IV - Medical Payments $ 500 each person NONE Agreement V - Depositors Forgery 50 NONE $•• Countersigned Authorized Representative • (a) Any insured or his or her representative,in obtaining this insurance, or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increases any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to 'rrir rot rr,tirlj f,l(Irl, if that fader() materially increases any of the risks rnsr:r(;d against. (6) A determination by the Commisioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: i. Place us in violation of California law or the laws of the state where we are domiciled; or ii.Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. If we cancel this policy based on one or more of the above reasons, we will mail written notice of cancellation to you at the mailing address shown in the policy and to your agent at least: (a) 10 days before the effective date of cancellation if we cancel for non-payment of premium. • (b) 30 days before the effective date of cancellation if we cancel for any other reason. 8. NON-RENEWAL (1) If we elect not to renew this policy, we will mail written notice to you at the mailing address shown in the policy and to your agent, stating the reason for non-renewal at least: (a) 45 days, but not more than 120 days before the renewal date if the total policy premium is more than $10,000; or (b) 60 days, but not more than 120 days, before the renewal date, if the total policy premium is $10,000 or less. (2) We are not required to send notice of non-renewal in the following situations: (a) If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of the Farmers Insurance Group of Companies. (b) If the policy has been extended for 90 days or less, provided that notice has been given in accordance with paragraph 8 (1). (c) If you have obtained replacement coverage, or if you have agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. (d) If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. (e) If you request a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. (f) If we have made an offer to you in accordance with the timeframes shown in paragraph 8. (1), to renew the policy under changed terms or conditions or at a changed premium rate. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. FARMERS INSUAAN(EP e. F4001 Of& , ' ,, California 4 1st Edition PLEASE KEEP THIS 'AGE ENDORSEMENT ,2 . WITH YOUR POLICY . . '2 . 1 . . 3 ' 1 90-9043 1ST EDITION 7-87 11201 r 4 4i 4 ; Dear Policyholder: .6 6 California A.B. 3875 contains cancellation and non-renewal requirements specifying the reasons a corn- '',.' 7 ,, mercial insurance policy may be cancelled mid-term or on renewal. 8' Y,9 This endorsement amends the cancellation conditions of your policy to comply with state law. 10 r4,1 a Please read this endorsement carefully. If you have any questions, please contact your Farmers Agent. . 11 ,;a . 11 -,'<I FARMERS INSURANCE GROUP OF COMPANIES : 11 'r . 13 l;i . 13 . 13 . 13 . 13 , 13 15 15 16 s9043 16.: , 16 California 17: 1st Edition 17; 17 ENDORSEMENT LIMITING CANCELLATION 17, .1 General Conditions 7A CANCELLATION REASONS and 8 NON-RENEWAL are deleted and replaced by 18 I the following: 19 ' 20 7A. CANCELLATION REASONS 20 :,;g, We may cancel this policy if the policy has been in effect less than 60 days and is not a renewal with us, its a. for non-payment or premium, whether payable to us, or our agent, or h' b..for any other reason. ;,r•F, ,-.,:-; If the policy has been in effect 60 days or more,or is a renewal with us,for one or more of the following R', .,.: ,. -,, +° r reasons: ' ''r (1) Non-payment of premium, including payment due on a prior policy we issued and due dur- ing the current policy term covering the same risks. STATE POLICY NO. 1079486-91 COMPENSATION EAP $722 INSURANCE RATE CHANGE DISTRICT SG FUND HOME OFFICE ENDORSEMENT AGREEMENT SAN FRANCISCO EFFECTIVE JANUARY 1, 1992 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME LAW OFFICES OF BEECH & COLLINS 20422 BEACH BLVD. #230 HUNTINGTON BEACH, CALIF 92648 DUE TO CHANGES ENACTED IN THE WORKERS ' COMPENSATION REFORM ACT OF 1989 AND AMENDMENTS THERETO EFFECTIVE JANUARY 1, 1992, AND IN ACCORDANCE WITH DEPARTMENT OF INSURANCE RULING NO. 279, AND UNDER THE TERMS AND CONDITIONS OF THE POLICY PERTAINING TO CHANGES AND RATES, IT IS AGREED THAT THE APPROVED MINIMUM RATES APPLICABLE TO OPERATIONS COVERED UNDER THE POLICY ARE INCREASED BY 1. 0% EFFECTIVE AS OF 12 : 01 A.M. , JANUARY 1, 1992. EXAMPLE TO DETERMINE YOUR RATES: IF PRESENT RATE IS $1. 31 MULTIPLY $1 . 31 BY 1. 010 = $1 . 32 NEW RATE IS $1 . 32 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR LOCAL STATE FUND OFFICE BELOW: SOUTH ORANGE 3150 BRISTOL ST. COSTA MESA, CA 92626 TELEPHONE NO. ( 714) 668-3445 WW1= AS TO FORM:1 GAIL HUTTO1 CITY ATT9 Daputy City Attorney NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY 1, 1992 9950 Ali-(REV. li- 1-92) AUTHORIZED REPRESENTATIVE PRESIDENT cne enenn inn» oov�.ent ni_n DP 217 IMPORTANT - THIS IS NOT A BILL. SEND NO MONEY UNLESS STATEMENT IS ENCLOSED. STATE HOME OFFICE SAN FRANCISCO POLICY DECLARATIONS CN S U R A N'C E CALIFORNIA WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY FUND THESE DECLARATIONS ARE A PART OF THE WORKERS' COMPENSATION POLICY INDICATED HEREON. THIS INSURANCE IS EFFECTIVE FROM 12:01 A.M. , PACIFIC STANDARD TIME CONTINUOUS POLICY 1079486-88 6-22-88 TO 6-01-89 AND SHALL AUTOMATICALLY RENEW EACH 6-01 UNTIL CANCELLED LAW OFFICES OF MICHAEL R. COLLINS DEPOSIT PREMIUM $368.00 20422 BEACH BLVD #325 MINIMUM PREMIUM $105.00 HUNTINGTON BEACH, CALIF 92648 PREMIUM ADJUSTMENT PERIOD ANNUALLY N SP NAME OF EMPLOYER- MICHAEL R. COLLINS AN INDIVIDUAL EMPLOYER AND NOT JOINTLY WITH ANY OTHER EMPLOYER TRADE NAMES- LAW OFFICES OF MICHAEL R. COLLINS LOCATIONS- 16055 VENTURA BLVD #900, ENCINO, 91436 1. WORKERS' COMPENSATION INSURANCE - PART ONE OF THIS POLICY APPLIES TO THE WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA. 2. EMPLOYER'S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO LIABILITY UNDER THE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR LIABILITY UNDER PART TWO IS, $3,000,000 CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE TO 6-01-89 8820 ATTORNEYS--ALL EMPLOYEES--INCLUDING 1.03 SALESPERSONS AND CLERICAL OFFICE EMPLOYEES--N.P.D. TOTAL ESTIMATED ANNUAL PREMIUM $320 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO JUNE 29, 1988 POLICY FORM K 1L (OVER PLEASE) OLD DP 240 • 1079486-90 STATE RENEWAL COMPENSATION SG INSURANCE FUND HOME OFFICE ENDORSEMENT AGREEMENT SAN FRANCISCO EFFECTIVE JUNE 1, 1990 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME LAW OFFICES OF BEECH & COLLINS 20422 BEACH BLVD #325 HUNTINGTON BEACH, CA 92648 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE LEGAL NAME OF THIS INSURED IS CHANGED FROM- MICHAEL R. COLLINS AN INDIVIDUAL EMPLOYER AND NOT JOINTLY WITH ANY OTHER EMPLOYER TO- MICHAEL R. COLLINS AND DENNIS W. BEECH JOINTLY AND NOT SEVERALLY, A COPARTNERSHIP BUREAU NOTE-INDIVIDUAL TO PARTNERSHIP, NOM COI NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUGUST 21, 1990 9916 ORIZED REPRE NTA IVE PRESIDENT _ ----- .-"_ '--.._ .... (11 I'1 r o 117 1079486-90 STATE RENEWAL COMPENSATION SG INSURANCE FUND HOME OFFICE ENDORSEMENT AGREEMENT SAN FRANCISCO EFFECTIVE JUNE 1, 1990 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME LAW OFFICES OF BEECH & COLLINS 20422 BEACH BLVD #325 HUNTINGTON BEACH, CA 92648 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE FOLLOWING TRADE NAME(S) IS(ARE) HEREBY ADDED TO AND MADE A PART OF THIS POLICY. LAW OFFICES OF BEECH & COLLINS NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS • POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUGUST 21, 1990 9917 Z-- Y2',e %oocir ORIZED REPRE NTA IVE J PRESIDENT OLD DP 217 1079486-91 STATE RENEWAL COMPENSATION SG INSURANCE FUND CE PAGE 1 ENDORSEMENT AGREEMENTHOME OFFI SAN FRANCISCO EFFECTIVE JUNE 1, 1991 AT 12 . 01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME LAW OFFICES OF BEECH & COLLINS 20422 BEACH BLVD. #230 HUNTINGTON BEACH, CA 92648 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE MAIL ADDRESS APPEARING IN THIS POLICY IS CHANGED TO READ- 20422 BEACH BLVD. #230 HUNTINGTON BEACH, CA 92648 • NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUGUST 16, 1991 9908 ZORIZED REPRE NTA IVE J PRESIDENT 1y 4>< Trt 9 E ,( i i, i t ,l' ,k'A I +}r i j„ pp1 r t _.r >< t �t } .fi+ .I} `•,1. 1 I fsgt JIi l.tr ht,I}F'I}i r1;1;0�`iw t}1,fN I ! I.`it' 'It,(7S} �,;, 1 !; .it i , q th iti .1T r'+ ., .It w,, ,.L:�;6' lrt. .y NON ;1 ,• '•I f<r1r ,i� ,et.,11r. I.th>♦:p,1.:3 tgg ril 6`t. {(+.. ! i 1, �..4:g'?, 1 it, t I • flf ,, J' ':r. •,c' "n, } p" ! ; { II.' rr ,! iPti, .,4, t )• , ' 1 i �; n,lriaS''„F 1, ,G J, vim: t4 ASti r r A 1",4! ,i ;�;; ¢- ty u: Y: ik.,, r 1, .v,ZI1 F I�, y �� i r "l• ,t rh•„''-'�. 1n� t ,t,. ,�l,t t�,. ari . �!+, r•: �•, t, `'.k ,.w ,.f',,>;. J '^•.y 4,�`I•a„ it Lf.•,u t j;t .t�� .. . r � ���,1t�• 1 j r�htJ 1 ;' , ' ':.,,1 4 ,,,,{r iYh/j,I'tl,� �,+',�1,r1• `•U.,,,,. ! 'r.i � i. il„,t ' >.'l,: '�t r, �'J'(!• p.t�q.-. '71 1 .i .a,.,}�9 ttt,k!h,.•R-V ,L fd.. ,.I�fj(nd•..i: ,.t,� la=i.� lt,�l')i iy�i!(11� a.l.r�;pr�r �:a}irk� .��irfarf+'rrti l'� �'frr,t rt�(-i `p �' ,Ta��T�tf��t�1�6��,�°gg. FaaM, GENERAL CHANGE ENDORSEMENT issued by: E6040 IJ �4'GROUP �. == "�="y 2nd Edition !. 1,4 • kJ The•.Exchange-or Company designated on the reverse side as number 2 r >,1: f el°' 7 - -A'Stock insurance company, herein called the.eom an .{,. P Y City and Statei �4 Named%L `.i MJ,19-1, L fegpLL.INS C DENNIS.1 BEECH • • y` Insured'' . ,,. DBA': LA•J OFFICES OF' BEECH C COLLINS Prematic Acc't No. ,�f 4 '. ' 20422 BEACH. BLVD SUITE 230 ' ' ;HUNT BEACH CA 92648-4347 ' iti A' Effective Date 7-2-91 but not prior to time applied for (12:01 A.M. standard 97 18 573 1493 98 19 Kea : time in California, Oregon, Texas, Arkansas, Agent Policy Number ;;'. ' Renewal Date 6-20-92 Washington, Idaho and Oklahoma.) +7 ' ❑ Invoice only $ Previous Balance Owing I $ Pro Rata Premium Due $ $ __________ Premium Required to Renew Policy From To _ $.—".,. Payments or Other Credits $ BALANCE ATTACH $ REFUND TO YOUR r---- ONLY THE ITEMS CHECKED Er] BELOW ARE CHANGED POLICY ❑ Name of Insured as shown above Anniversary Inception Former ❑ Date El Date Name ® Mailing Rates & © (same asLocation maling address�unlless shownobile Home Dhere)ptioAppPOVED AS TO FORM: Address ❑ Premiums GAIL FLUTTON ❑ CITY A- s\�_ By Dwelling/Building ❑ Description Construction-Roof-No. of Units (One unless otherwise stated) ❑ Reinstatement ❑ Amount of Insurance ❑ Subsequent Installments $ LOC. SUB. LOC. DESCRIPTION NEW LIMIT OF INS. $ $ $ $ $ Name/Address ❑ Mortgagee , or Additional ' Interest ' Loan No. . Loan No. . v Co?ersign d by Au, or d Repr entative 91.6040 2ND EDITION 1-88 D-91 1751 (�� MAKE CHECK OR MONEY ORDER PAYABLE TO: ,4„\ ,jam TRUCK INSURANCE EXCHANGE ** *4 poinnuoBER RENEWAL STATEMENT - The Company will renew your policy for an additional 12 months term only if o 149.3 98 19 payment of the premium 'indicated is made on or before the renewal date of this notice. ""'UArf INSURED: MICHAEL R COLLINS ETAL - ' JUNE 20:, 1991 ' AGENT NANCY R TURNER PHONE —714— .132-7004 AGENT'S 9? ] 3b9 SCHEDULE OF COVERAGE AND PREMIUM (Refer to your policy for terms, conditions and limitations of u<,ve( :go) PREMIUM `PECIAL SENTINEL — SUPER AMT. OF INS. . CONTENTS 10,000 LIABILITY COVERED EARTHQUAKE 10,000 TOTAL 259.00 STATE GUARANTEE FUND LAW 1.20 TOTAL PREMIUM 260. 20 'ACKAGE DISCOUNTS ARE INCLUDED IN PREMIUM FIGURES SHOWN. OOKING FOR AN EXCELLENT INCCME TAX SHELTER — F SO, CONTACT YOUR FARMERS AGENT FOR DETAILS. KEEP THIS PORTION-SEE REVERSE SIDE N MAKE CHECK OR MONEY ORDER PAYABLE TO' TRUCK. 'INSURANCE. EXCHANGE ** ' *' 1 F:?!ICY NiJAnCCB 12 RENEWAL:5SATEMENT -The Company will renew your policy for an additional months term only if 1493 � 20 payment of the lar:ieaiir�dicrtec bLtrtplikgn C JALore the renewal date of this noiiceJUNE""'OSIre m INSURED:'; L AGEN � ` NANCY R TURNER PHONE. 714-" 632-?004 NUMGER 97 18' 369 SCHEDULE OF COVERAGE AND PREMIUM (Refer to your policy for terms, conditions and limitations of covviage) PREMIUM •PECIAL >SENT.INEL''r-SUPER AMT.. OF INS.. CONTENTS 10,000 LIABILITY COVERED EARTHQUAKE 10,000 TOTAL , 240.00 STATE GUARANTEE. FUND LAW 1.20 TOTAL PREMIUM 241.20 , ' ACKAGE DISCOUNTS, ARE INCLUDED IN PREMIUM FIGURES SHOWN. OOKINGiFOR AN EXCELLENT INCOI1E. TAX SHELTER F SO,' CONTACT YOUR FARMERS AGENT FOR DETAILS. (1;49 . -- -- _ J -- KEEP THIS PORTION-SEE REVERSE SIDE • , . , • ' , • :.:,..::!-:: ,--:, ,,, ,-.-.-..-... .- ;„ ,-,-.--- - -- ,' ,..,,.„.-...,-„,.- ,.:-.-:::',-..-,,-,r.--:',.'-'-., - .,:-',., -. '-.,..,--' ..,'• ._":1-:- 1-::.,.", ',:'.-,:, , - ,,'-', '' - '.'-, --..':-.:;-:,';‘-',.,7". :,.:2,,,; '''''--'1,.:' ,.'‘ . •, 7— , ',.. MAKE.CHEOci.OR',NVOtslEy-•9RD'Ek,PAYAB4.71:05,7%,„, 1:,-, , r:, ‘;.r ,., ,,,,,, -1:-... — ';:,- ,, ,„,„, . -.•.,-:...-: .,;. ,:;.,1,,,, ,,;,; ,,,,, ,,,,,,,.,,-,:,,,,:„ ,,,,,,t,, ,„.. ,-.„ .,:;, .,.,,,, 4;441rgsts...:-. STRUCK s'.inilRiNCE::'EXCHANGE : 7 ''' - - - ''''. '''''', "''7 ',;,'.?2:4;Z:';: - ..,:'; '': : '2'''' ,4,*i',.'''',. - POLICY NUMBER 4EWAL..StAtEMENt::,tk*CO!ilp-ciny-vyjil,i;!'anp-wyo.ur;loclicy if9ro'n.qd:ditioocih:„: 1 ,months Ir-ri only:if,,L, „:„. „'&,,. 1493-,.,.. ,. ,.. :,,,,,,,,,,,;;;,,,,,.,..,,,•,,„,,,,, i'-'n-n...)ai Of.,thip.';'6 M,iijrii:iriditoie,d!.isAc:iddipn,or:befaie'.11-1.4.--1764Afaj: ip'cilf-lhi4'‘.eidfice:.;'- '-',:1-#E!'..T'1-.D'7E iisoiiii,,,,.-mitI4-h'itit',,,,!.ttiO14k ,R,, ,v.', ,f„iTv...fiz.1:.*.i,:i17;, ,,-,,y,T4:.;:f1.,:I:,,,eliAyqu.:z,t,;-jliq.,q[r.4.J:',,,:-,—t,-.,,::,,;,,, .?4 ,,,--x:,,..;-! EKii.,:, „.:. \-,,, . ,,,,,,,,,,::,..•.! AGEN7D,',:-.-,NANCV.,31.''TURNEEt;-,,,,, '' ,.:, '' ' - ,.., 0,pfipNE.'--7,7147-..k.114A-7,-/pPAI:,- ' Pigm.3,R:-,,,97,:10 ?k1;- ,, , ,.. .. :, „„, . ,, .. ,..;,,, .,„..,,,,, ,,,,,, ,, ,j:.;,, ,,,. ,:,, ..;, :: ,,:c,i,;:,,i 'rlf,rx.,..,,.. .2,:•;,,,,;,:.,. SCHEDULE OF COVERAGE AND PREMIUM (Refer to your policy for terms, conditions and limitations of coverage) . PREMIUM SPECIAL SENTINEL .PKG — SUPER AMT. OF INS. CONTENTS 30,000 LIABILITY , 1 9000 ir 000 EARTHQUAKE , Iiii a 1300 ,,,,.;•;.":,.,.r.,;,,;'ij TOTAL 90.00 CRIME AMT. OF INS. CONTENTS PREMIUM: INCREMENT 310,000 TOTAL 1137.BO .... STATE GUARANTEE FUND LAW 2.120 TOTAL PREMIUM 25 9.6 0 ..,--1,-,;4•.,v,.; .,. . ,... PACKAGE DISCOUNTS ARE INCLUDED IN PR EM I UM FIGURES SHOWN. LOOKING FOR AN EXCELLENT INCOME TAX SHELTER — IF SO, CONTACT :YOUR FARMERS AGENT FOR DETAILS. .•'•'Y'.:''',.?•:‘,:i• i•'' ',:'%,"••',/)1,,,, f. '''s ;,'t';;;‘•'.,; "y--,,,,,A;•:.':-•), •',.' '',)•"'';qj''.; :''•'?':•'•;',;,!'`J;i 'L'''.5. 1'•,'Il ":•....i'li',,,;Y•,:.`4‘', 1'',,•. i',,,,;.:".•?P ? :••.,,!;..- '''.-:.Qq:4A 7,9;,•"'/,',Y,ii, . r.; !.,',!•,,,,,'.?; --- '';:-/„'','z',4,•7.1 '.','• ,P;,,,-!•-.•i.,"•;„',..",;•1 • .,,•;::::•:,':;,t :,•'•,"P';',Z1:1 '.'•'•':, • y•',.;,'"'ir.Mi'?4 ,..1,- ;i.;•,,,,. 'KEEP 1,11:11 -.PoRtIbisiWSteRiVElitE4IDEr i,'';,•;.'•', /-••:,!;,• 4-:*;•,"„.3,;.•:•!?..,,.^-:, :-,,,:,!',1,"•••:,:i."''''riA."2,-NZ : 4:,;?,••';!:„'•1,-;;;,,,i',i.-:'?3'..••, ;:';'1 'f~Renewal Certificate Policy Number LPL-9248721-3 Professional Liability Insurance Policy Attach to your expiring declarations. AMON This is a claims made Policy. Please review the Policy carefully. The Policy is limited to liability for only those claims that are first made against the Insured during the policy period. Insured by the stock company below and hereinafter called the company The Home Insurance Company of Indiana Indianapolis , Indiana Item 1. Named Insured and Address(Number,Street,Town or city,county,state,Zip code) Producer Name BEECH & COLLINS SEDGWICK JAMES OF CALIFORNIA, INC . 20422 BEACH BLVD. SUITE 230 Item 2. Policy Period HUNTINGTON BEACH ORANGE From(Day-Mon-Yr) To(Day-Mon-Yr) CA 92648 01-Oct-1991 01-Oct-1992 12:01 A.M.Standard Time at the address of the Named Insured as stated herein. Item 3. Form of Named Insured's Business Insured is Partnership And Those Professionals Listed on the Application. Item 4. Limit of Liability Each Claim $ 500, 000 APPROVED AS TO FORM gl GAIL HUTTON Aggregate $ 1 , 000, 000 CITY ATTORNEY BY Item 5. Deductible �\ 2 , 500 Deputy City ttorney Per Claim $ Item 6. Premium PREMIUM $14 , 108 . 00 SURCHARGE $70 . 54 NO. OF PROFESSIONALS 2 Item 7. Policy Changes and Endorsements(The endorsements noted below are part of this policy and either became effective at the inception of or during the preceding Policy Period(s),or will become effective at the inception of the Renewal Period.) H35867 05/89 CA ASSOC SURCHARGE H36581 05/86 LPL POLICY JACKET H37243 02/88 CANCELLATION ENDST H37441 10/89 CA FAST TRACK SUPP H37683 10/88 ARBITRATION ENDST H35497 03/87 PRIOR ACTS EXCLUSION bBlitf IV1GYL JAMES Remarks Countersigned rtCalifornia Inc. Issue Date Do Not LOS ANGELES, C 04-Oct-1991 Write In This Box Authorized R sj)_ Countersign Date mmmmmimmmommow �tY INSURED'S COPY H38298F a Ed.10 n AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEECH & COLLINS TO OBTAIN REGISTRATION OF THE TERM "SURF CITY-HUNTINGTON BEACH" SECTION PAGE 1 Work Statement 1 2 City Staff Assistance 1 3 Time of Performance 2 4 Compensation 2 5 Method of Payment 2 6 Disposition of Plans, Estimates and Other Documents 2 7 Indemnification and Hold Harmless 2 8 Workers ' Compensation 3 9 Insurance 3 10 Certificates of Insurance; Additional Insured Endorsements 4 11 Independent Contractor 5 12 Termination of Agreement 6 13 Assignment and Subcontracting 6 14 Copyrights/Patents 6 15 City Employees and Officials 6 16 Notices 6 17 Direction and Control 7 18 Entirety 8 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEECH & COLLINS TO OBTAIN REGISTRATION OF THE TERM "SURF CITY-HUNTINGTON BEACH" THIS AGREEMENT, made and entered into this 18th day of February , 19 92 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Beech & Collins, a general partnership, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY desires to engage the services of a contractor to obtain registration of the term "Surf City-Huntington Beach" for the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3 . 03, relating to procurement of professional service contracts, has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows : 1. WORK STATEMENT CONTRACTOR shall provide all services to register the term "Surf City-Huntington Beach" as a trademark for the City of Huntington Beach. Does not include appeal Examiner decision. 2 . CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. -1- 3 . TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement. 4 . COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a fee not to exceed Twenty-five Hundred Dollars ($2, 500 . 00) . 5 . METHOD OF PAYMENT CONTRACTOR shall receive payment for their services within 30 days of invoice. 6 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 7. INDEMNIFICATION AND HOLD HARMLESS CONTRACTOR hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all -2- losses or costs arising out of the negligent performance of this agreement by CONTRACTOR, its officers or employees . 8 . WORKERS' COMPENSATION 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 Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney' s fees and costs presented, brought or recovered against CITY, 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 CONTRACTOR under this Agreement . CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of statutory workers ' compensation insurance and employers ' liability in an amount of not less than $100, 000 bodily injury by accident, each occurrence, $100, 000 bodily injury by disease, each employee, and $250, 000 bodily injury by disease, policy limit . 9 . INSURANCE In addition to the workers ' compensation insurance and CONTRACTOR' S covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY the following insurance policies covering the PROJECT: -3- A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1, 000, 000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1, 000, 000 . Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR' S insurance shall be primary. B. Professional Liability Insurance. CONTRACTOR shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR' S professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. 10 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of. the City Attorney evidencing the foregoing -4- insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 11. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR, shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. -5- 12 . TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR' S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing through the mail, notice of which shall be delivered to CONTRACTOR as provided herein. 13 . ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. 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 CONTRACTOR 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 California Government Code Sections 1090 et seq. 16 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR' S agent (as designated in Section 1 hereinabove) or to CITY' S Director of Community Services, -6- 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 Services, addressed as follows : TO CITY: TO CONTRACTOR: Mr. Ron Hagan Mr. Dennis Beech Director of Community Beech & Collins Services 20422 Beach Blvd. , #325 City of Huntington Beach Huntington Beach, CA 92648-4347 2000 Main Street Huntington Beach, CA 92648 17. DIRECTION AND CONTROL Regardless of any other provision of this contract, the CONTRACTOR is and shall be under the exclusive direction and control of the City Attorney. REST OF PAGE NOT USED -7- 18 . ENTIRETY The foregoing set forth the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, BEECH & COLLINS A municipal corporation a general partnership of the S to of California Mayor ATTEST: APPROVED AS TO FORM: effirelaif aatocotei,aa, City Clerk M.t_2rney A 5- G -nIL APV1 REVIEWED AND APPROVED: INITIAT 400A APPROVED: Q / Cy Administrator Dire. • r Hof /sf_ immunity Services -8-