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HomeMy WebLinkAboutHdL Coren and Cone - 2010-05-131 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 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HdL Coren and Cone FOR PROPERTY TAX AUDIT AND COMPLIANCE SERVICES Table of Contents Scope of Services.....................................................................................................1 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 Independent Contractor............................................................................................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 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HdL Coren and Cone FOR PROPERTY TAX AUDIT AND COMPLIANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and HdL Coren and Cone , a _ California Corporation _ hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide property tax auditing, compliance and recovery services ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Paula Cone who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfner/professional svcs mayor 1 of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on May 13 , 20 10 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than _ Three (3) Years _ from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed ($ 91,500.00 5. EXTRA WORK Ninety -One Thousand, Five Hundred Dollars 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 agree/ surfnet/professional Svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of ]Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/ surfnet/professional Svcs mayor 3 of 11 12/07 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnet/professional Svcs mayor 4 of 11 12,!07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 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. agree/ surfnet/professional svcs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 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/ surfnet/professional Svcs mayor 6 of 11 12/0 7 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Bob Wingenroth 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: HdL Coren and Cone ATTN: Paula Cone 1340 Valley Vista Dr., Ste 200 Diamond Bar, CA 91765 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/ surfnet/professional svcs mayor 7 of 11 12/07 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 which is hereby affected shall be agree/ surfnet/professional sves mayor 8 of 11 12/07 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, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/ surfnet/professional Svcs mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's initials 6a (--- 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ su fnet/professional svcs mayor 10 Of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, NA, arem � core, OMPANY NAME By:� a�x� OW&A u7- 6- print name ITS: (circle one) Chairm resid t/Vice President AND By: " ,� (U,� AMA & rr.41 Co Ar-Al print name IT '* ne) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer HUNTINGTON BEACH, a corporation of the State of 81/as f" INITIATED AND APPROVED: Z � � - Bob Wingenroth . OAoc-t- Director REVI ND APPROVED: Ci Administrator APPROVED AS TO FORM: . f z DA/"-� c-lolivig - 1, City Attorney K� J� l o agree/ surfnet/professional sves mayor 11 Of I l 12/07 EXHIBIT "A" A. STATEMENT OF WORD: (Narrative of work to be performed) Consultant to provide property tax audit and information services to the City of Huntington Beach. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Consultant shall provide property tax audit and information services that include the following: BASIC SERVICES 1. Provide user-friendly software program accessible to City staff with annual electronic database of the City's property tax data, and two copies of City's property tax report. The property tax data and property tax report will include the following features at minimum: a. Assessed values for the secured and unsecured property tax rolls. b. Tracking and trend analysis of property transfers, use type comparisons, pre -Prop 13 assessment parcels, new construction activity, owners of multiple parcels, and absentee owner parcels. Data will be provided to assist City staff in fiscal, economic and community development planning. c. Deliverables on the data shall be APN-indexed. 2. Provide training to City staff on the use of software program. 3. Update reports identifying property transfers on an annual basis. 4. Identify errors, analyze City tax rate areas (TRA) and taxing agencies, and provide comparative information. Provide printouts, graphs, and comparative data on a quarterly basis. 5. Verify all the parcels within the City limits are correctly recorded in the County Assessor's Office. 6. Provide the base year values by tax rate area for all redevelopment project areas and verify all the redevelopment parcels are correctly assigned to tax rate areas and taxing agencies. 7. Identify and verify, in both the City and within the Redevelopment Project Areas, parcels that are erroneously assigned by tax rate area. Provide the correct TRA designation to the proper county agency. 8. Reconcile the annual Auditor Controller assessed valuations report to the Assessor's lien date rolls and identify discrepancies. 9. Review parcels on the unsecured roll to identify inconsistencies such as value reductions and other errors involving tax rate areas. 10. Track property transfers and new construction completions to determine whether reassessment is performed within a reasonable time frame. The City will be notified of parcels that have failed to be reassessed. 11. Provide technical support to City staff on property tax related issues and assist City staff in estimating property tax revenues for proposed redevelopment project areas. 12. Conduct analyses based on geographic areas designated by the City. Include assessed valuations and square footage computations for use in redevelopment and community development planning. ADDITIONAL SERVICES For an additional fee, provide the following services: 1. Generate specialized reports, which would require additional programming or the purchase of additional data. 2. The City of Huntington Beach desires the following specifications for all software application programs offered: ® SQL Server Database Format ® VMWare Virtual Server Compatible Page I 1 EXHIBIT "A" Window GUI or Web -based Interface 3. Conduct research with County agencies for which Contractor does not have current database. 4. Review and analyze Redevelopment Agency fiscal agreements to verify tax increment projects, pass -through monies and developer tax increment guarantees. C. CITY'S DUTIES AND RESPONSIBILITIES: ® City shall assign a staff coordinator to work directly with Consultant. 0 Annually the City will be required to provide the following information: 1. Current City and Agency maps detailing agency boundaries 2. A copy of reports received by the City and Agency annually from the Auditor -Controller's office detailing Assessed Values (Secured, Unsecured and Utilities), as well as Unitary Values for reconciliation analysis 3. Parcel listing and maps of City or Redevelopment Agency parcel annexations since the prior lien date roll 4. A listing of completed new construction projects with Assessor's map book, page and parcel (APN) numbers for proper identification and tracking for two years prior to the date of the agreement. 5. A listing of the City's assessment district levies and direct assessments D. WORD PROGRAMIPROJECT SCHEDULE: To be determined in coordination with HdL account representative and City staff. Page 12 EXHIBIT 661 99 PAYMENT SCHEDULE 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT (Hinderliter, de Llamas and Associates — HdL), shall be entitled to payments toward the fees set forth herein accordance with the following: Section 1: Basic Consulting Services and Basic Audit Services Fixed Fee of Twenty Thousand Five Hundred Dollars ($20,500.00) per year for basic services as described in Exhibit A. In addition to the fixed fee, CONSULTANT shall charge a contingency fee not to exceed Ten Thousand Dollars ($10,000.00) per year for basic audit services including the detection, correction, and recovery of misallocated revenue for the City of Huntington Beach and the Huntington Beach Redevelopment Agency. The 25% contingency fee will be based on the net general fund or tax increment audit recovery with an annual payment cap of $100,000.00 Total fees shall not exceed Thirty Thousand Five Hundred Dollars ($30,500.00) per year. CONSULTANT agrees to inform the City when CONSULTANT is at the point of reaching the maximum limit per year. CONSULTANT shall not continue with any work effort over the amount of the maximum limit per year unless first authorized in writing by the City authorized representative(s). Section 2: Additional Services Provision of additional services will be based exclusively upon written authorization from the City authorized representative(s). Additional services will be billed at the following hourly rates, unless otherwise noted in the table below. Description of Services Provided Fee Description Bond Fiscal Consultant's Report Fees will be based upon the complexity of the bond issue and the time available for completion of the task. Direct Levy/Parcel Tax Based on number of parcels and complexity of the task. AB 1290 Pass -through Based on the number of tax rate areas, plus set-up fee Annual CAFR Reports $325 per fiscal year Principal $175 per hour Associate $175 per hour Senior Analyst $135 per hour Analyst $65 per hour Administrative $45 per hour Hourly rates are exclusive of expenses, which are billed at .T -A 5; times actual incurred costs. Page I 1 Delivery of Work Product. A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to the City to demonstrate progress toward completion of tasks. In the event City rejects or has comments on any such product, the City shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to an invoice to the City for each progress payment due. Such invoice shall: 4.1. Reference this Agreement 4.2. Describe the services performed. 4.3. Show the total amount of the payment due. 4.4. Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 4.5. For all payments to include an estimate of the percentage of work completed. Upon submission of any such invoice, if the City is satisfied that the CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, the City shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld. If the City does not approve an invoice, the 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 the City be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by the City shall be invoiced separately to the 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. The City shall approve such invoices if the work performed is in accordance with the extra work or additional services requested, and if the 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. Page 12 u ity INSURANCE AND INDEMNIFICATION WAIVER ru�w ��o MODIFICATION REQUEST 1. Requested by: Jim Sloboian MAY 0 4 2010 2. Date: May 4, 2010 Gity Of Hurt"t r?cr cij ,, 3. Name of contractor/permittee: Hdl Coren and Cone city Adorn �,S ofik"'s 4. Description of work to be performed: Property tax audit and compliance services 5. Value and length of contract: $91,500 for 3 years 6. Waiver/modification request: Their professional service IiabilitV deductible is $25,000, City standards are $10,000 7. Reason for request and why it should be granted: They do have the city requirements of $1 mil in coverage. 8. Identify the risks to the City in approving this waiver/modification: There would be no risk for the City. nt Head Signature 5e Zce*© —�Date: F APPROVALS Approvals must be obtained in the order listed on this form.: Two approvals are required for a request to be granted. Approval from tWe City Administrator's Office is only required if Risk Management an a Vity Attorney's Office disagree. I kk Managementpproved ❑ Denied Signature Date 2. Office ZPAttorney's proved ❑ Denie Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services aC®R®T. CERTIFICATE ®F LIABILITY INSURANCE O1AM 2103lao09/DDf 12/o3 PRODUCER Phone: 949-580-1969 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pacific Partners Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 25283 Cabot Road Suite 224 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Laguna Hills, Ca 92653 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, License #: OE08522 INSURERS AFFORDING COVERAGE I NAIC # INSURED HdL Coren & Cone INSURER e_ _HARTFORD FIRE INSURANCE CO. _ , _1.3269 1340 VALLEY VISTA DR STE 200 INSURER C TWIN CITY FIRE INSURANCE COMPANY 129459 DIAMOND BAR, CA 91765 1 INSURER 1--- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR O' N INSURANCE POLICY NUMBER POLICY EFFECTIVE DAT M POLICY EXPIRATION D !E fMM/DDIYY1 a I LIMITS A Y GENERAL LIABILITY 72SBATV5035 11/15/2009 1111512010 EACH OCCURRENCE s 2.000.000 X-1 COMMERCIAL GENEPJU. LIABILITY CLAY tS MADE (k] OCCUR D PREMISES Ea oc—m,ol MED EXP (Any one person) S 300,090 S 10.000 PERSONAL 6 ADV INJURY S 2,000,000 GENERAL AGGREGATE s 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s 4,000,000 X POLICY n PROT n LOC A Y AUTOMOBILE LIABILITY ANY AUTO 72SBATV5035 11/1512009 11115/2010 COMBINED SINGLE LIMIT (Eaaccidenp S 2,000,900 BODILY INJURY (Per person) S `_.__—. _ _ ALL OWNED AUTOS SCHEDULED AUTOS i INJURY BODILYJURY S I(I X X HIRED AUTOS NON OWNED AUTOS 7� AS �v A�.f 1['® ®VEL PROPERTY DAMAGE' (Padtl f) -- —j S VCnl\ATH GARAGE LIABILITY n '" .r,. t "- UI KINLY- b' AUTO ONLY - EA ACCIDENT 13 OTHER THAN EAACC AUTO ONLY. AGG S ANY AUTO 5 A EXCESSIUMBRELLA LIABILITY ^ I OCCUR n CLARAS MADE 72SBATV5035 11115/2009 L 11/15/2010 '- EACH OCCURRENCE � s 1,000,0 to I AGGREGATE_____ _ (S 1 Q00'000_ DEDUCTIBL I.S RETENTIONS S 10000 8 J WORKERS COMPENSATION AND {BY EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVc' OFFICERIMEMBER EXCLUDED? IT yes, describe under SPECIAL PROVISIONS below 72WECTZ0882 1111512001 11/15/2010 X i � LIMIT + o R LItALT_Sl=E _ E.L. EACH ACCIDENT 5 1.000,000 E.L. DISEASE _EA EMPLOYEE E.L DISEASE -POLICY LIMIT - S 1,000,000 S 1 000 000 OTHER C Professional Liab. OOPGO260349 ( 11/15/2009 11/15/2010 OcclAgg 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 days notice for non-payment of premium. The City of Huntington Beach, Its officers, elected or appointed officials, employess, agents and volunteers are named as additional insured in regards to general liability for ongoing and Included within the products completed operations hazards and in regards to auto liability per business liability form SS0008. Professional liability deductible - $25,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSwarTTEN Attn: Risk Management NOTICE TO THE CERTIFICATE HOLDER NAl1ED TO THE LEFT. BUT FAILURE TO 00 SO SHALL 2000 Main Street IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Huntington Beach, CA 92645 REPRESENTATIVES. AUTHORIZED REPREAERTATNE 0Q0 ACORD 25 (2001108) C) ACORD CORPORATION 1988 Printed by 888 on December 03, 2009 at 03:42PM 28 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statementon this certificate does not confer rights ;to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorizpd representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Printed by BBB on December 03, 2009 at 03:42PM O rl rl O Ln rn O N r 0 0 0 .-c r� SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 72 SI3A TV503S Form Numbers of Forms and Endorsements that apply: SS 00 01 01 93 SS 0.6 05 12 06 SS 00 07 07 05 SS 00 08 04 05.E --- SS 00 45 12 06 SS 84 32" 09 07 SS 01 21 07 08 SS 04 15 47 05 SS 04 19 07 05 SS 04 22 07 05 SS 04 30 07 05 SS 04 38 06 01. SS Off 39 07 05 SS 04 41 07 05 SS 04 42 09 07 SS 04 44 07 05.: SS 04 45 07 05 SS 04 46 07 05 SS 04 47 04 09 SS 04 78 07 05` SS 04 8D 03 00 SS 04 86 03 00 SS 40 05 09 D7 SS 40 18 07 05 -. SS 40.93 07 05 SS 41 1.2 12 07 IH 10 01 09 86 SS 05 47 09 01- SS 5D 19 01 08 1H 99 40 04 D9 IH 99 41 04 09 SX 80 :01 06 97 SS 38 25 12 07 SS 38 57 12 06 SS 38 73 09 07 SS 83 76 01 08 IH 12 00 11 85 ADDITIONAL INSURED - PERSON -ORGANIZATION Farm SS 00 02 12 06 Process Date: 09/03/09 Page 007 Policy Expiration Date: 11/1.5/10 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e- A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured, except "volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties.related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership; joint venture or limited liability normally occupies. company) or your managers (if you. are a d. Workers' Compensation And Similar limited liability company); but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, If benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds:for: or disability benefits law or a •similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising Injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you area partnership " exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products -Completed Operations Hazard company), or to :a co -"employee" while in the course of his or her Included with the "products -completed employment .or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED performing duties related to the conduct of your, business; 1. If you are designated in the Declarations as: (b)- To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co - insureds, but only with respect to the '"employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages witlt_or repay their spouses are also insureds, but only with someone else who must pay respectto the conduct of your business. damages because of the injury c. A limited. liabilitycom an , p y you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability, company, you services, Paragraph (d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage" to property: with respect to their liability as stockholders. {a} Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization Having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenancee or use cif` that property; and (2) Until your legal representative has been appointed. d. Legal Representative 1f You Die Your legal representative if you die, but only with respect to duties as such. That representativewill have all your rights and dudes under this insurance e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is .a legally incorporated entity of which you own a financial interest of more than 50%, of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is -also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form; other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will quaiify as a Named Insured if there is no other similar insurance available to that organization. However. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to; (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration. law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft` With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your 'permission_ Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability, However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft, or b, "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing ,as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such. operations performed However, no such person or organization is an at the vendor's premises to t connection- with the -sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for P. -- Optional Additional insured Coverages, the vendor; or a. Vendors (h) `Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its. below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising "your its employees or anyone, else -out of products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion doeessnot apply to: business and. only if this Coverage Park provides coverage for "bodily injury" or (i) The exceptions contained in "property damage'` included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not. apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom.you have acquired such products, liability in a contract or agreement. or any ingredient, part or _container, This exclusion does not apply to entering into, accompanying or liability for damages. that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you ,lease equipment; but. only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or In the product :made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection; demonstration, testing, person,or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after `to only with respect to operations you cease lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) 'Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage'" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alferations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or '(1) Any architect, engineer, or surveyor; but in part, by ,your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury" "property damage" or "personal on your behalf: and advertising injury" caused,. in whole (a) to the, performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf, (i) The written contract or written (2.} With respect to the insurance afforded agreement requires you to to these additional insureds; the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury', "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the .'products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a). The preparing, approving, or to these additional insureds, this, failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E, — Liability And Medical Expenses General Conditions. No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or• limited liability company that is not shown as a Named Insured in the Declarations: D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1, The Most We Will Pay The Limits of Insurance shown . in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2, Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit. shown in the Declarations, This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street; roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" Is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit. Subject to 2.b: above, the most we will pay for the sum of all damages Because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these, Fi: How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an add Uanal insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us .copies of any policy and any endorsements attached thereto demands; nofices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit" single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other infonnation; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of Injury after issuance for an additional period of less than 12 or damage to which this insurance months, In that case; the additional period will be may also apply: deemed part of the last preceding period for purposes of determining the Limits of Insurance, d. Obligations At The:insured's Own Cast E. LIABILITY' AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for firstaid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered `> 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit :such claim or ,suir to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to pracficable of an "occurrence" or an the extent that you. Have agreed in a offense which may result in a claim. To written contract; written agreement or the extent possible; notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance; or offense took, place; (2) The names and addresses of any f. Knowledge Of An Occurrence, Offense, Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the IF " occurrence ; offense; claim or suit" is " occurrence" or offense, known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an ;additional insured must: insured is a partnership; (1) immediately record the specifics of the (3) Any manager,- if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"'suit' as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits 'of 7, Other'Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insuranceis primary except when b. those coverages. below applies. If other insurance Is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Farm: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully compiled (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work'; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to, you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner, claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is. insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a, tenant for and any rights or duties specifically assigned "property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft; Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use "of aircraft; "autos" or watercraft to a claim is made or "suit" is brought. the extent not subject to Exclusion g. of Section A. — Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to.Exclusion k. of Section A. — representations you made tows; and Coverages. Page 16 of 24 Form 33 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Ensured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary, if other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount .of the loss, if any, that exceeds the sum of: (1) The total amount, that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of ail deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. ' c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under thismethod, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we. have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any, payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 CITY OF HUNTINGTON BEAC Date: 4/27/2010 Project Manager Name: Jim Slobojan Requested by Name if different from Project Manager: Michael Solorza Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FLED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To provide property tax audit and compliance services 2) Estimated cost of the services being sought: $.91,500.00 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 10035205.69365 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Department Head Signature APPROVEP,&e ENIED ❑ City Administrator's Signature G`�/ Director of Finance's Initials Z/l�r I Date a7O 6 Date W13 0/10 Date .\ 4 Deputy City Administrator's Initials b0 Date CITY OF HUNTINGTON BEAC � F Professional o i L 'a �! i �� .� Service pitpk •' .1 o -z, T 11 Date: 4/27/2010 Project Manager: Jim Slobojan Requested by Name if different from Project Manager: Michael Solorza Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PANT I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Hdl Coren and Cone 2) Contract Number: FIN 010 024 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 91,500.00 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 3) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. _ --,/Z/ a, Director oY Finance (or designee) Signature Date