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HomeMy WebLinkAboutCOMPREHENSIVE HOUSING SERVICES, INC. - 2007-04-11• �CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Z Name of Contractor: Comprehensive Housing Services, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park As -Needed Wage Compliance Services Amount of Contract: $95,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. ❑ to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ A8mw� Date: , 3 v a e/Exte Sion City Attorney's Office N _ -v (�'}"'. `71 � � t ._. � �••.ima s• may+ Hv -�4111 /0 /abio G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND A►s- 4F W FC0MfiL-^g0F. eo'26 Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN � 1- �; F HUNT 15 TOOT BEACH A ' INC. `G Hpg� a �*, 0MM 4 &J—C, s GJFs THIS AGREEMENT ("Agreement") is made and entered into this // -77\, day of 20q , by and between the City of Huntington Beach, a municipal • corporation oft the State of California, nRj,61 `� F�' hereinafter referred to as "CONSULTANT." hereinafter referred two tas "CITY, and ,a WHEREAS, CITY desires to engage lir T'baN . the services of a consultant to and to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates $+0 * who shall - _1A represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsm 10/ 15/0 1 -A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the -rat►— 'r /&-t G "Commencement Date"). This Agreement shall expire on 1NF­jZ 'T 9 q0, unless of -THF AFMB(" sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and NINF-1Y f1vr- T'40AGP-45) 5. EXTRA WORK expenses, not to exceed Dollars ($ 1j5t CeV• 0V ). In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profserv10/15/01-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10/1510 1 -A 3 approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. agree/forms/profserv10/15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profserv10/15101-A 5 all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 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. agree/fonns/profsery 10/15101-A 6 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of_Huntington Beach 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: S o w� �ul`T� 203 1-M14 �YLZ OL156MI W6PNX When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profsery 10/15/0 1 -A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/profsery 10/15101-A 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profsery 10/1510 1-A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing parry. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery 10/ 15/01 -A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, COMPREHENSIVE HOUSING SERVICES. INC. By: Heidi Hagan CITY OF HUNTINGTON BEACH, a muni ' corporation of the State of California Director o ptiOV455 (Pursuant To HBMC §3.03.100) Print name ITS: (circle one) Chairman/Presiden ice President APPROVED AS TO FORM: AND City A ey V 4, 0" By: Gayle/Bloomingdale REVIEWED AND APPROVED: print name ITS: (circle one SecretarylChief Financial Office Asst. Secretary — Treasurer V City Administrator (only for contracts $50, 000.00 and over) agree/forms/profserv10/15101-A I I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The scope of work for the respective phases of the consultant's services connected with the enforcement of the regulations shall include but not be limited to the following items: 1. General Requirements: a. Provide administrative, clerical and investigative services, from pre -bid through closeout of a project. b. Verify that the contractor's apprentices have been properly certified in an approved federal or state apprenticeship program. c. Review, per HUD's labor compliance, contractor submitted payrolls for accuracy of calculated wage rates, benefits and overtime hours as compared to the wage determination. d. Monitor the projects during the course of the contract by providing site interviews, questionnaires to determine if the employees are treated fairly according to Related Acts (DBRA) regulations. e. Ensure that all regulatory forms are properly executed as well as implement preventative measures that the city may be held liable for wage restitution. f. Submit a final report to the City upon completion of each project summarizing any identified discrepancies and resolutions affecting the project. 2. Special Requirements: City projects, which are funded, by Federal or State grants, the selected consulting firm must comply with requirements of the U.S. Department of Labor, State Department of Industrial Relations for Federal and State Funded Projects. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Same as A. Statement of Work in proposal C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City of Huntington Beach will provide copies of Contractor's contract and list of their Subcontractor's to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: Varies depending on assigned capital project agree/forms/exA/ 10-01 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) Not to exceed $95,000 per proposal 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Refer to attached Fee Schedule. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. agree/forms/exB-1 fixed fee/4/5/07 EXHIBIT B Fixed Fee Payment FEE PROPOSAL Comprehensive Housing Services, Inc.'s Wage Compliance Monitoring Service Fees are eligible project "soft costs" and may be included as project costs. Actual costs for service is provided on a per project basis and is based on the size of the project, the duration of the project and the number of contractor and sub -contractors estimated to be working at the project site. For Federal and State Labor Compliance Monitoring services, hourly rates shall be charged pursuant to the following fee schedule: ❑ Compliance Service, including pursuit of underpayment Support staff ❑ Outside Travel Costs to job -site, City offices, etc. $0.40 per mile ❑ Copy Costs $0.05 per page ❑ Delivery Costs Market Support Staff includes: Project Manager: Heidi E. Hagan $75.00 per hour Project Manager: Lupe Navarro — Bilingual $75.00 per hour Onsite Interviewer: Alex Banuelos - Bilingual $75.00 per hour Administration Asst. Gloria Dorio $55.00 per hour CHS IS A FULLY STAFFED FIRM AND NO SUB -CONSULTANTS SHALL BE UTILIZED FEE PROPOSAL Comprehensive Housing Services, Inc.'s Wage Compliance Monitoring Service Fees are eligible project "soft costs" and may be included as project costs. Actual costs for service is provided on a per project basis and is based on the size of the project, the duration of the project and the number of contractor and sub -contractors estimated to be working at the project site. For Federal and State Labor Compliance Monitoring services, hourly rates shall be charged pursuant to the following fee schedule: ❑ Compliance Service, including pursuit of underpayment Support staff o Outside Travel Costs to job -site, City offices, etc. $0.40 per mile ❑ Copy Costs $0.05 per page ❑ Delivery Costs Market Support Staff includes: Project Manager: Heidi E. Hagan $75.00 per hour Project Manager: Lupe Navarro — Bilingual $75.00 per hour Onsite Interviewer: Alex Banuelos - Bilingual $75.00 per hour Administration Asst. Gloria Dorio $55.00 per hour CHS IS A FULLY STAFFED FIRM AND NO SUB -CONSULTANTS SHALL BE UTILIZED FEE PROPOSAL Comprehensive Housing Services, Inc.'s Wage Compliance Monitoring Service Fees are eligible project "soft costs" and may be included as project costs. Actual costs for service is provided on a per project basis and is based on the size of the project, the duration of the project and the number of contractor and sub -contractors estimated to be working at the project site. For Federal and State Labor Compliance Monitoring services, hourly rates shall be charged pursuant to the following fee schedule: ❑ Compliance Service, including pursuit of underpayment Support staff ❑ Outside Travel Costs to job -site, City offices, etc. $0.40 per mile o Copy Costs $0.05 per page o Delivery Costs Market Support Staff includes: Project Manager: Heidi E. Hagan $75.00 per hour Project Manager: Lupe Navarro — Bilingual $75.00 per hour Onsite Interviewer: Alex Banuelos - Bilingual $75.00 per hour Administration Asst. Gloria Dorio $55.00 per hour CHS IS A FULLY STAFFED FIRM AND NO SUB -CONSULTANTS SHALL BE UTILIZED 1. Date: 2. Department: CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 3/28/2007 Public Works 3. Requested by: Eric R. Charlonne, Construction Manager 4. Name of consultant: Comprehensive Housing Service, Inc. 5. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicited consultants in your answer to 11 of this form. Yes - see attached Request for Proposals EG—r �X�/tSl T 6. Amount of the contract: $95,000.00 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes ❑ No 9. Company number and object code where funds are budgeted: Various business units, capital project supplemental per resolution 2993=f *2-.00,' — .S7 10. Is this contract less than $50,000? ❑ Yes ® No 11. Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 12. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14x,--� Attach list of consultants from whom proposals were requested (including a contact telephone number). 1. APA Engineering, Inc. (949) 770-4429 2. AmeriNational Community Services, Inc. (562) 927-2362 3. Comprehensive Housing Service, Inc. (714) 841-6610 15. Attach proposed scope of work. Yes - see attached Request for Proposals 16. Attach proposed payment schedule. Yes - see attached fee schedule D partment Head Signature IV 5c-;G: ex11 iB17 /4 ICMDAMAD,anager Purchasing/Central Services •` ee Rl 71 Q, DATE (MMfDOMI) 11/28/06 PRooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WATERS INSURANCE SERVICES LICENSE NO.: 0570726 10061 TALBERT AVE., SUITE 200 FOUNTAIN VALLEY, CA 92708 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ALLIED PROPERTY & CASUALTY INSURED COMPREHENSIVE HOUSING SERVICES, INC. 8840 WARNER AVENUE, SUITE 203 COMPANY B LANDMARK AMERICAN INSURANCE COMPANY COMPANY FOUNTAIN VALLEY, CA 92708 C COMPANY D IapYERAG� '- ` . 1 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 B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MW/DDNY) LIMITS GENERALLWBILITY GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 1,000,000 A COMMERCIAL GENERAL LIABILITY ACP7812045797 12-27-06 12-27-07 CLAIMS MADE ❑X OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Anyone fire) $ 100,000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO ACP7812045797 12-27-06 12-27-07 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Perpion) X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTYDAMAGE $ A P OVED TO FORM GARAGE LIABILITY UN—IFE AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO MCGT s Tl ttorne `11�161 EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND STATUTORY LIMITS EACH ACCIDENT $ EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ OFFICERS ARE: EXCL OTHER B PROFESSIONAL LHR806449 11-05-06 11-05-07 EACH CLAIM: $1,000,000 LIABILITY AGGREGATE: $1,000,000 DESCRIPTION OF OPERATIONS/LOCATK)NSNEHICLES/SPECIAL ITEMS THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS ALL OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED PER ENDORSEMENT ATTACHED. *TEN (10) DAYS FOR NON-PAYMENT C�RTIFICAI''E ti0L15ER , - `t � - +C41�IC�LL�1T10�f - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDE�4COR"7'O MAIL ATTN: RISK MANAGEMENT *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 I AUTHORIZED REPRESENTATIVE ' CALVIN WATERS ACURD •25=5 3/93 . _ :©ACORD CORPORATIQN 1993 ;: ACP 7812045797 BUSINESSOWNERS PS 04 48 08 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: The City of Huntington Beach, its agents, officers and employees. The following is added to Section 11. WHO IS AN INSURED: Any person or organization shown in the Schedule of this endorsement is also an insured, but only with respect to liability arising out of your ongoing operations performed for such additional insured or arising out of premises owned by or rented to you, subject to the following additional exclusion: This insurance, including any duty we have to defend "suits", does not apply to: a. "Bodily injury" or "property damage" that arises out of, in whole or in part, or is a result of, in whole or in part, the active negligence of the additional insured shown in the Schedule of this endorsement. b. "Personal and advertising injury" that arises out of any independent "personal and advertising injury" offense committed by the additional insured shown in the Schedule of this endorsement. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 PB 04 48 08 03 Page 1 of 1