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HomeMy WebLinkAboutSterling OC Enterprises, LLC - 2011-07-05 Dept. ID LS14-003 Page 1 of 2 Meeting Date:9/15/2014 'V"' 7 - o CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUN01- ACTION MEETING DATE: 9/15/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stephanie Beverage, Director of Library Services SUBJECT: Approve an Amendment to the Agreement with Sterling OC Enterprises, LLC to extend the contract term and ensure coverage for Library Theater and Meeting Room rentals Statement of Issue: The Library Services Department has contracted with a local Orange County firm, Sterling OC Enterprises, LLC, for technical support services for the Library Theater and Meeting rooms. The contract is about to expire and the Library is asking Council to extend the term for two more years, to ensure uninterrupted support for the use of the Theater and Meeting rooms. Financial Impact: Theater Tech and Event support are essential components of room rentals at the Central Library. The cost of the contract is recovered through rental fees for events and productions in the Library. Without a contract, the Library would not be able to lease the Theater or provide adequate support for events, having a direct impact on revenue generation. The contract is for$50,000 annually, with a do not exceed limit of$100,000 over the 2 years. The allocation for this contract is included in the Fiscal Year 2014/15 budget. Recommended Action: Approve "Amendment No. 2 to Agreement between the City of Huntington Beach and Sterling OC Enterprises, LLC, for Technical Theater and Event Support" for two additional years, providing coverage for Library Theater and Meeting Room rentals. Alternative Action(s): Do not approve and direct staff to pursue other options. Analysis: Sterling OC Enterprises, LLC, has provided excellent support for the Library Theater and Meeting rooms over the past four years. Sterling staff members have developed a good working relationship with library staff and room rental clients. Theater Tech and Event support are crucial for the Library's revenue generation from the Theater and meeting rooms and extending the existing contract will ensure uninterrupted service for the Library and Library clients. Environmental Status: N/A. Strategic Plan Goal: Enhance quality of life Item 7. - I HB -68- Dept. ID LS14-003 Page 2 of 2 Meeting Date:9/15/2014 Attachment(s): 1. Amendment No. 2 to Agreement between the City of Huntington Beach and Sterling OC Enterprises, LLC, for Technical Theater and Event Support 2. Sterling OC Enterprises, LLC, Certificate of Liability Insurance 2014 3. Original Council/Agency Meeting 7/5/2011 — City of Huntington Beach Request for Council Action, 7/5/2011 Approve and authorize execution of a Service agreement between the City and Sterling OC Enterprises, LLC, for Technical Theater and Event Support HB -69- Item 7. - 2 A- 1 T. ACHMENT # 1 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND STERLING OC ENTERPRISES, LLC FOR TECHNICAL THEATER AND EVENTS SUPPORT This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and Sterling OC Enterprises, a Limited Liability Company, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated June 13, 2011, entitled"Service Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support,"which agreement shall hereinafter be referred to as the "Original Agreement;" and Since the execution of the Original Agreement, City and Contractor executed Amendment No. 1, which increased the total dollar amount for the term of the Original Agreement; and City and Contractor wish to amend the Original Agreement to reflect the additional work to be performed by Contractor and the additional time for the work to be performed, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL WORK Contractor shall provide to City such additional services as required by City, including technical support staff for theater and meeting rooms on an as needed basis. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described above, City agrees to pay Contractor, and Contractor agrees to accept from City as full payment for services rendered, an additional sum not to exceed One Hundred Thousand Dollars ($100,000.00). 3. TERM The term of the Original Agreement is extended two years to September 30, 2016. 14-4349/112012 1 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. STERLING OC ENTERPRISES, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name Or ITS: (circle one)Chairm r a esiden ice President S AND Clerk 9lf?11 By: INITATED AND APPROVED: print name - ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Librar or d REVIEW D APPROVED: APP OVED AS TO FORM: pCiumanager01'dl City Attorney 0" �• )� )IJ 14-4349/112012 2 ATTACHMENT #2 DATE(MM/DD/YYYY) ,��f® CERTIFICATE OF LIABILITY INSURANCE 8/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Margarita Carranza NAME: g Insurance West Corp. PHONE (I305)579-1900 FAA/C No;(805)579-1916 2450 Tapo Street ADoRIE :mcarranza@insurancewest.com INSURERS AFFORDING COVERAGE NAIC# Simi Valley CA 93063 INSURER A:Hartford Casualty Insurance 29424 INSURED INSURERB:Prop and Cas Ins Co of Hart 34690 Sterling OC Enterprises LLC INSURERC: 2948 E. Craig Drive INSURERD: INSURER E: Orange CA 92869 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE J DL WVDSUBR POLICY NUMBER MWDDPOLICY MWDD EFF Y/YYY EXP LTR Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE 7 OCCUR 72UUNZD2376 /24/2014 /24/2015 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 % POLICY PRO LOC $ AUTOMOBILE LIABILITY 72WNZD2376 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO Hired Physical Damage BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS $50,000 Limit or ACV /24/2014 /24/2015 BODILY INJURY(Per accident) $ X X NON-OWNED $1,000 Comprehensive Ded PROPERTY accid ent) DAMAGE $ HIRED AUTOS AUTOS $1,000 Collision Ded $ UMBRELLA LIAB [ToUR EACH OCCURRENCE $ EXCESS LIAB IMS-MADE AGGREGATE $ DED I RETENTION$ $ B WORKERS COMPENSATION v. I WC STATU OTH- AND EMPLOYERS'LIABILITY YIN I T R LI IT- ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 DED? OFFICER/MEMBER EXCLU GD1206 /20/2014 /20/2015 (Mandatory in NH) 72WE E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Misc Owned/Rented Equip 72WNZD2376 /24/2014 /24/2015 Limit $125,000 Special Form/RC Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder, The City of Huntington Beach, its officers, elected or appointed officials, employees agents, and volunteers are included as additional insureds as respects to ability arising out of action performed by or on behalf of the named insured, per form CG2010 Attached.A f IOVED A -IT'O FORM, IVI ER fUlc R p Cit�rAttorney e Igfiotte ____ —�-�- Deputy City Attomey CERTIFICATE HOLDER CANCELLATION Justin.Wessels@ surfcity-hb SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE M Carranza/KLEM ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25 rgmnn,i m The Ar..r1Rr1 nnmc nnrl Innn me rcnictnrad mnrirc of AC rwn COMMENTS/REMARKS CONTRACTUAL INSURANCE REQUIREMENTS The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. INSURANCE WEST CORPORATION CA LICENSE 40786031 2450 TAPO ST SIMI VALLEY, CA 93063 TELEPHONE: (805) 579-1900 FAX: (805) 579-1916 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: 72 UUN ZD2376 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® ® OWNERS, LESSEES OR CONTRACTORS a SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations THE CITY OF HUNTINGTON BEACH THE CITY OF HUNTINGTON BEACH 2000 MAIN ST 2000 MAIN ST HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ATTACHM ENT #3 Council/Agency Meeting Held: Deferred/Continued to: )kApproved L1 Conditionally Approved Ll Denied ity Clerk's Signature Council Meeting Date: July 5, 2011 Department ID Number: LS1 1-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stephanie Beverage, Director of Library Services SUBJECT: Approve and authorize execution of a Service Agreement between the City and Sterling OC Enterprises, LLC for Technical Theater and Events Support Statement of Issue: The Huntington Beach Public ,Library is requesting approval of a proposed service agreement between the City of Huntington Beach and Sterling OC Enterprises, LLC in support of the Central Library Theater and Meeting Room events and activities for a 1 year term with the option to renew. Financial impact: Annual service agreement, FY 2011 — 12, not to exceed $40,000 per year. Contract will be funded from savings from the Library Theater/Media Technician position, in Library Administration Permanent Salaries, Business Unit 10050101. Permanent salary funds to be transferred to Library Facilities Business Unit 10050206. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the"Service Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support." Alternative Actions): Do not approve and.direct staff to pursue an alternative solution. HB -75- Item 7. - 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON EACH AND STERLING OC ENTERPRISES,LLC FOR TECHNICAL THEATER AND EVENTS SUPPORT 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 called "City," and Sterling OC Enterprises, a Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Theater and Event production. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Senices Contractor 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." Contractor hereby designates Carlos San. Roman who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The t'otal sum to be expended under this Agreement-, shall not exceed $40,000 annually or$120,000 over 3 years during the term of this Agreement. Page I of 9 11-2911.001/65914 Item 7. - 9 HB -76- b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"13.11 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate one (1)year after execution,unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than one (1) year 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 and Tenn may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. S. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake 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. Disvosition of Plans,Estimates and Other Documents Contractor 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 Contractor 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. 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole Page 2 of 9 11-2911 M 1/65914 FIB -77- Item 7. - 10 cost and expense and City shall approve selection of Contractor'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 a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liabilitynsurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000..000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and Page 3 of 9 11-2911.0011659I4 Item 7. - 11 1413 -78- volunteers" as additional insured on the endorsement. 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. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor 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. 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. Contractor 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 Contractor'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. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor 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. Contractor 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 Contractor 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. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: Page 4of9 11-2911.001/65914 xB -79- Item 7. - 12 a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date., and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 1.7. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Govermnent Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below. City and Contractor 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 U.S. certified mail-return receipt requested: Page 5 of 9 11-2911 M1165914 Item 7. - 13 HB -SO- To City: To Contractor: City of Huntington Beach Carlos San Roman Attn: Library Director Sterling OC Enterprises, LLC 2000 Main Street 2948 E Craig Dr. Huntington Beach, CA 92648 Orange, CA 92869 19. Consent 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Readings 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. 22. 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 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. 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. Page 6 of 9 I 1-2911.001/65914 HB -81- Item 7. - 14 24. Immigration Contractor 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, 25. Legal Services Subcontracting Prohibited Contractor 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. Contractor 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 Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and.regulations. 28. Jurisdiction-Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City Page 7 of 9 11-2911.001/65914 Item 7. - 15 14B -8-2- immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. 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. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Sienatories 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. 3 . Entirety (a) 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. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 11-291 L001/65914 HB -83- Item 7. - 16 35. 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. STERLING OC ENTERP LLC CITY OF HUNTINGTON BEACH, a L,� r.-!�'!2 municipal corporation of the State of B-, - A---"'L� --, Y, 'r., California Carlo( Roman� print name ITS: (circle one) Chairm ice President ;E;�v Ll AND Lo/r By: C-164Md oco(1 -jim9two gity Clerk tIV print name L/ ITS: (circle one)Secretary/Chief Financial INITI TED AND APPROVED: Officer/Asst. Secretary-Treasurer REVIEW&, APPROVED: APPROVED AS TO FORM: fit,/Manager City Attorney NV 6-4-4 Page 9 of 9 11-2911.001/65914 Item 7. - 17 HB -84- EXHIBIT "All A. STATEMENT OF WORK: (Narrative of work to be performed) The Huntington Beach Public Library needs trained and experienced staff with a background in all aspects of sound, lighting and other electronic equipment necessary for successful theater productions and other major types of entertainment and business events. Examples of the kind of duties to be performed may include but are not limited to the following: Provide technical support for sound and light board operations for a variety of Theater programs, as well as connecting and operating microphones, projectors VCR's, DVD players and laptops in the Library's meeting rooms. Assist Library staff in the creation of an efficient inventory management system for controlling the storage, location and use of equipment necessary for successful productions and events in the Library's meeting rooms and Theater. Work with the regular and after-hours Library security staff to maintain an updated inventory of available library equipment for support of events. Trouble-shoot any maintenance or repair issues that might arise during the course of operation of the Library's sound, light, AV equipment, including need for ordering replacement bulbs or other repairs and maintenance, and inform Facilities Rental Staff of what needs to be done. Plan light design, initiate fixture placement and program computer for light board operations. Change main stage curtains as necessary. Provide backlighting in conjunction with use of the main stage Cyclorama curtain when requested by clients. Work with Library Facility Rentals staff to ensure effective communication between library staff and clients, in support of events and productions. Contact and meet with clients, when requested, prior to planned events and programs. Complete closing reports describing any issues/problems encountered during programs, and effectively communicate that to Library Facilities Rental staff. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Sterling Co. agrees to provide the Library with trained staff to support the needs of the library. Sterling O.C. Enterprises agrees to provide trained staff with at least 2 years professional experience working in comparable facilities and supporting similar theater and meeting events. Staffing is required on an as needed basis, 11B -85- Item 7. - 18 EXHIBIT "A" throughout the year, with peak times during the fall and Holiday seasons. Some additional seasonal variation may require one or more staff members to be available to support events in the Theater and meeting rooms. The Library estimates that anywhere from 5 to 20 hours per week of coverage will be needed to effectively support the events and programs, with the understanding that more support may be required during peak periods. 2. Sterling O.C. Enterprises agrees to have a representative available for regular consultation on the schedule and for possible meetings with clients to review the requirements of an event. Sterling O.C. Enterprises agrees to operate within the framework of the City'slState's policies, practices, Fire and Safety Laws.. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. The Library will provide Sterling O.C. Enterprises with an updated weekly calendar, including details on all events in the meeting rooms that require support. 2. The Library Facilities Coordinator will be the primary contact and will coordinate communication between Sterling O.C. Enterprises and Room Rental clients. D. WORK PROGRAM/PROJECT SCHEDULE: Schedules will vary and will be arranged on a weekly basis between the Library's Facilities Rental Staff and Sterling O.0 Enterprises Item 7. - 19 HB -86- EXIHBIT "]3" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Hourly rate=$ 35.00 Annual contract not to exceed $40,000 in total for services in support of the Library Theater and meeting rooms. B. Travel. Charges for time during travel are not reimbursable C. BilliLig 1. All billing shall. be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that -work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly 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 Suffnet Exhibit B hourly I HB -87- Item 7. - 20 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 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. Surfnet Exhibit B hourly 2 Item 7. - 21 14B -88- City ® f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov FFB a° 0 Office of the City Clerk s71,-.=79tl9-,- ® ` Joan L. Flynn, City Clerk September 17, 2014 Carlos San Roman Sterling OC Enterprises, LLC 2948 E. Craig Dr. Orange, CA 92869 Dear Mr. Roman: Enclosed for your records is a copy of "Amendment No. 2 to Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support." Sincerely, ja n L. Flynn City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand yo Dept. ID LS-14-002 Page 1 of 1 Meeting Date:4/7/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/7/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stephanie Beverage, Director of Library Services SUBJECT: Approve and authorize execution of Amendment No. 1 to a Service Agreement between the City and Sterling OC Enterprises, LLC for technical Theater and Events Support extending contract through September 30, 2014 and authorizing additional compensation in the amount of$44,486 Statement of Issue: The Huntington Beach Public Library is requesting approval of an amendment and extension to the existing Service Agreement between the City of Huntington Beach and Sterling OC Enterprises, LLC in support of the Central Library Theater and Meeting Room events and activities through September 30, 2014. Financial Impact: No Fiscal Impact. $56,000 was included in the FY 2013/2014 Budget in Business Unit 10050206.69505. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the Service Agreement "Amendment No. 1 Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support" extending the current Service Agreement to September 30, 2014 and authorizing additional compensation in the amount of $44,486 for a total contract amount not-to- exceed $164,486. Alternative Action(s): Do not approve, and direct staff to pursue an alternative action. Analysis: Since 2010, the overall activity levels in the theater have increased, requiring additional use of Sterling OC Enterprises time in support of productions and programs for the community. Outside groups pay for the use of Sterling OC services so revenue is available to cover the increased activity. This amendment will cover the anticipated use of Sterling's services until the end of the current fiscal year and will ensure that the Library can continue to offer quality theater productions, cultural programs, and other activities in the theater. Environmental Status: N/A Strategic Plan Goal: Enhance quality of life Attachment(s): "Amendment No. 1 Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support" HB -147- Item 12. - 1 AMENDMENT NO. I TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ____STERLING OC ENTERPRISES, LLC FOR TECHNICAL THEATER AND EVENTS SUPPORT THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and STERLING OC ENTERPRISES, INC., a Limited Liability Company, hereinafter referred to as "Contractor." WHEREAS, City and Contractors are parties to that certain agreement dated July 6, 2011, entitled"Service Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support," which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, City and Consultant wish to amend the Original Agreement to reflect the additional compensation to be paid to Consultant and an extension of term, and NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION Section 3 of the Original Agreement entitled "Compensation," is hereby amended as follows: 3. COMPENSATION a. In consideration of additional services to be performed, City agrees to pay Consultant an additional sum not to exceed Forty-four Thousand Four Hundred Eighty-six Dollars ($44,486.00). This additional sum shall be added for a new total amount not to exceed One Hundred Sixty-four Thousand, Four Hundred Eighty-six Dollars ($164,486.00). 11-2911.002/103797 1 2. TERM Section 4 of the Original Agreement entitled "Term"is amended as - follows: 4. TERM All tasks specified in Exhibit"A" shall be completed no later than September 30, 2014. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. REST OF PAGE INTENTIONALLY LEFT BLANK 11-2911.002/103797 2 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on -F�z.� ��ti► �Q , 201�t. STERLING OC ENTERPRISES,LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By:1�_ print name May'r. ITS: (circle one)Chairma reside ice President Af AM AND C04 YA lerk AD �l(l1 By: �) INIT TED AND-AP OVED: m print nae ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer ibr Ctor REVIE APPROVED: APPROVED AS TO FORM: C'ty anager S' ity Attorney 11-2911.002/103797 3 4 CITY OF HUNTINGTON BEACH RECEIVED _ I Service Approval Form Nov 2 0 2013 Amendment # 1 N 1. Date Requested: 11/7/13 2. Contract Number to be Amended: LS11-002 (7/5/11) 3. Department: Library Services 4. Requested By: Stephanie Beverage, Library Services Director 5. Name of Consultant: Sterling OC Enterprises, LLC 6. Amount of Original/Prior Contract: $120,000 7. (Additional Compensation_Requested: $44,486 8. Original Commencement Date: July 6, 2011 9. Original Termination Date: July 5, 2014 10.`Extended Date Requested: September 30, 2014 11.Reason for Contract Amendment: Due to increased use of the Library's theater and meeting rooms, the original estimate of expenses has been inadequate to keep up with actual expenses. Also, extending the agreement 3 months through September 2014 better aligns with the City's fiscal year for improved budgeting. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 10050206.69505 Al D me d Signatu De Director of Finance (or designee) Signature City of Huntington Beach Trial Balance Report 11121/13 Object Actual Budget Encumbrance Avail Funds Account 9130/14 9/30/14 9/30/14 9/30/14 10050206-Facility Rentals 51110-Base Salaries 5,743 62,504 56,761 51100-Salaries-Permanent 5,743 62,504 56,761 52000-Salaries-Temporary 9,189 84,660 75,471 55110-CaPERS Employer Cost 1,233 13,483 12,250 65120-CalPERS Employee Cost 215 2,344 2,129 55100-CaIPERS Payable 1,449 15,827 14,378 55150-Retirement Supplement 613 3,661 3,048 55175-Workers'Compensation 260 1,808 1,548 55265-PERS Med-Kaiser 360 �365,, 55200-Health Insurance 3,785 3,785 55200-Health Insurance 360 3,785 3,425 55350-Vision Care 25 263 238 55375-Disability 55 409 354 55400-Dental Insurance 61 641 580 55425-Retiree Medical 439 2,632 2,193 55450-Life Insurance 7 72 65 55300-Other Insurances 587 4,017 3,430 56010-Deferred Compensation 14 143 129 56020-FICA Medicare 211 895 684 55000-Benefits 3,493 30,136 26,643 63025-Audiovisual Supplies 4,088 2,000 -12,0881 63100-General Supplies 30 3,750 500 3,220 63125-Office Supplies 58 4581 64165-Clothing/Uniforms 250 250 64470-Subscriptions 4,536 4,800 0 264 64405-Books/Subscriptions 4,536 4,800 0 264 63000-Equipment and Supplies 8,712 10,800 500 1,58�" 69505-Cont Svcs-Other 4,156 60,156 0 69450-Other Contract Services 4,156 60,156 0 56,000 50000-EXPENDITURES 31,293 248,256 Soo 216,463 Item 12. - 6 HB -152- ® City of Huntington Beech � 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov i Office of the City Clerk Joan L. Flynn, City Clerk April 9, 2014 Carlos San Roman Sterling OC Enterprises, LLC 2948 E. Craig Dr. Orange, CA 92869 Dear Mr. Roman; Enclosed for your records are a copy of the "Amendment No. 1 to Service Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo,Japan Waitakere, New Zealand Council/Agency Meeting Held:_ Deferred/Continued to: AApproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: July 5, 2011 Department ID Number: LS11-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stephanie Beverage, Director of Library Services SUBJECT: Approve and authorize execution of a Service Agreement between the City and Sterling OC Enterprises, LLC for Technical Theater and Events Support Statement of Issue: The Huntington Beach Public Library is requesting approval of a proposed service agreement between the City of Huntington Beach and Sterling OC Enterprises, LLC in support of the Central Library Theater and Meeting Room events and activities for a 1 year term with the option to renew. Financial Impact: Annual service agreement, FY 2011 — 12, not to exceed $40,000 per year. Contract will be funded from savings from the Library Theater/Media Technician position, in Library Administration Permanent Salaries, Business Unit 10050101. Permanent salary funds to be transferred to Library Facilities Business Unit 10050206. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Service Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support." Alternative Action(s): Do not approve and.direct staff to pursue an alternative solution. 1-1B -25- Item 3. - 1 REQUEST FOR COUNCIL.ACTION MEETING DATE: 7/5/2011 DEPARTMENT ID NUMBER: LS11-002 Analysis: In 2010, the Library's Theater Technician resigned leaving the Library with a vacancy that has an impact on all revenue generating activities in the Theater and Meeting rooms. After reviewing the needs of the department, the Library was authorized to issue an RFP to contract for support of the Theater and Meeting Rooms. The RFP did not result in any qualified responses so the Library was authorized to enter into negotiations with firms that had participated in the RFP walkthrough. Sterling OC Enterprises, LLC was willing to provide services for an annual not-to-exceed figure of $40,000, representing a significant savings to the Library's personnel budget. Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): Description 1. "Service Agreement Between the City of Huntington Beach and Sterling OC Enterprises, LLC for Technical Theater and Events Support" Item 3. e 2 11 B -26- ATTACHMENT # 1 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND STERLING OC ENTERPRISES,LLC FOR TECHNICAL THEATER AND EVENTS SUPPORT 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 called "City," and Sterling OC Enterprises, a Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Theater and Event production. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: I. Scope of Services Contractor 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." Contractor hereby designates Carlos San Roman who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $40,000 annually or $120,000 over 3 years during the term of this Agreement. Page 1 of 9 11-2911.001/65914 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit `B." 4. 'germ Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate one (1) year after execution, unless terminated earlier in accordance with the provisions of this Agreement. All tasks specified in Exhibit "A" shall be completed no later than one (1) year 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 and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake 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. Disposition of Plans, Estimates and Other Documents Contractor 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 Contractor 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. 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole Page 2 of 9 11-2911.001/65914 cost and expense and City shall approve selection of Contractor'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 a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and Page 3 of 9 11-2911.001/65914 volunteers" as additional insured on the endorsement. 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. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor 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. 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. Contractor 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 Contractor'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. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor 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. Contractor 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 Contractor 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. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: Page 4 of 9 11-2911.001/65914 a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below. City and Contractor 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 U.S. certified mail-return receipt requested: Page 5 of 9 11-2911.001/65914 To City: To Contractor: City of Huntington Beach Carlos San Roman Attn: Library Director Sterling OC Enterprises, LLC 2000 Main Street 2948 E Craig Dr. Huntington Beach, CA 92648 Orange, CA 92869 19. Consent 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headinis 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. 22. 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 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. 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. Page 6 of 9 11-2911.001/65914 24. Immigration Contractor 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. 25. Legal Services Subcontracting Prohibited Contractor 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. Contractor 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 Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City Page 7 of 9 11-2911.001/65914 immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. 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. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. 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. 34. Entirety (a) 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. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 11-2911.001/65914 35. 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. STERLING OC ENTERP SE LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By- California Carl n Roman print name ° ITS: (circle one) Chairm Presiden ice President lzor/ AND By: ity Clerk t10 rff print name t�// ITS: (circle one) Secretary/Chief Financial INITI TED AND APPROVED: Officer/Asst. Secretary-Treasurer ib a ire r REVIEW APPROVED: APPROVED AS TO FORM: P4/Manager 6 City Attorney NV Page 9 of 9 11-2911.001/65914 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Huntington Beach Public Library needs trained and experienced staff with a background in all aspects of sound, lighting and other electronic equipment necessary for successful theater productions and other major types of entertainment and business events. Examples of the kind of duties to be performed may include but are not limited to the following: Provide technical support for sound and light board operations for a variety of Theater programs, as well as connecting and operating microphones, projectors ;VCR's, DVD players and laptops in the Library's meeting rooms. Assist Library staff in the creation of an efficient inventory management system for controlling the storage, location and use of equipment necessary for successful productions and events in the Library's meeting rooms and Theater. Work with the regular and after-hours Library security staff to maintain an updated inventory of available library equipment for support of events. Trouble-shoot any maintenance or repair issues that might arise during the course of operation of the Library's sound, light, AV equipment, including need for ordering replacement bulbs or other repairs and maintenance, and inform Facilities Rental Staff of what needs to be done. Plan light design, initiate fixture placement and program computer for light board operations. Change main stage curtains as necessary. Provide backlighting in conjunction with use of the main stage Cyclorama curtain when requested by clients. Work with Library Facility Rentals staff to ensure effective communication between library staff and clients, in support of events and productions. Contact and meet with clients, when requested, prior to planned events and programs. Complete closing reports describing any issues/problems encountered during programs, and effectively communicate that to Library Facilities Rental staff. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Sterling Co. agrees to provide the Library with trained staff to support the needs of the library. Sterling O.C. Enterprises agrees to provide trained staff with at least 2 years professional experience working in comparable facilities and supporting similar theater and meeting events. Staffing is required on an as needed basis, EXHIBIT "A®° throughout the year, with peak times during the fall and Holiday seasons. Some additional seasonal variation may require one or more staff members to be available to support events in the Theater and meeting rooms. The Library estimates that anywhere from 5 to 20 hours per week of coverage will be needed to effectively support the events and programs, with the understanding that more support may be required during peak periods. 2. Sterling O.C. Enterprises agrees to have a representative available for regular consultation on the schedule and for possible meetings with clients to review the requirements of an event. Sterling O.C. Enterprises agrees to operate within the framework of the City's/State's policies, practices, Fire and Safety Laws.. C. CITY'S DUTIES AND RESPONSIBILITIES: I. The Library will provide Sterling O.C. Enterprises with an updated weekly calendar, including details on all events in the meeting rooms that require support. 2. The Library Facilities Coordinator will be the primary contact and will coordinate communication between Sterling O.C. Enterprises and Room Rental clients. D. WORK PROGRAM/PROJECT SCHEDULE: Schedules will vary and will be arranged on a weekly basis between the Library's Facilities Rental Staff and Sterling O.0 Enterprises EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Hourly rate =$ 35.00 Annual contract not to exceed $40,000 in total for services in support of the Library Theater and meeting rooms. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. CONSULTANT shall submit to CITY an invoice for each monthly 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 Surfnet Exhibit B hourly I 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 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. Surfnet Exhibit B hourly 2 A�® CERTIFICATE OF LIABILITY INSURANCE 4/18/2o1�) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTE:Acr g Mar arita Carranza NAM Insurance West Corp. PHONE (805)579-1900 FAX A/C No;(805)579-1916 2450 Tapo Street ADDRESS:mcrrranza@insurancewest.com PRODUCERCUSTOMER ID 0014282 Simi ValleV CA 93063 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Hartford Casualty Ins. CompanV 29424 INSURER B: Sterling OC Enterprises LLC INSURERC: 2948 E. Craig Drive INSURER D: INSURER E: Orange CA 92869 1 INSURER F COVERAGES CERTIFICATE NUMBER:11-12 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence)nce $ 300,000 A CLAIMS-MADE FXI OCCUR 72UUVTR6584 3/24/2011 3/24/2012 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PE O-- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO 72UUVTR6584 /24/2011 /24/2012 BODILY INJURY(Per person) $ A ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY X accident) DAMAGE $ HIRED AUTOS (Per accid X NON-OWNED AUTOS $ $ 4�RE LIAB OCCUR EACH OCCURRENCE $ ESSLIAB CLAIMS-MADE 7�i�tAGGREGATE $ DEDUCTIBLE NNIFE t !'(�i l�),.i err $ Aflvmey TENTION $ .r' $ WORKERS COMPENSATION ( WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate holder The City of Huntington Beach, its officers, elected or appointed officials, employees agents, and volunteers are included as additional insureds as respects liability arising out of action performed by or on behalf of the named insured. Per Form HG 00 01 06 05 Attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Kenneth Tucker/KLEM ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD "6f Call Kevin Shclla ;secretary of Sate w� _ :STATEMEN ORMAPO0R!§ED -TILED N 1 .. Ll itad Lla iillt "Cctm an _ ,:., in t 3: { '•; , P Y} of Sty Fif n ,Fee 0.W Ifamendment see Instructions. the ft ` fiftmia 4raF.. , IMPORTANT—READ 11N T"RUC` IONS13EFO ECOMP„LETING'THIS"FORM,,, NOV ``° 006 " rrt 1. LIMITED wry comPANY:NAM'Ei (Please do not alter II name is preprtrdec.) -20042471010 "STERLING O.C.ENTERPRISES,LIMITED �. . L.IASILIT-,Y CCMPAN1'.a e" . ... 4?99 MXbXRTHUR BL_VD'$TE 215 ' N UUVPC7F7T t�fi i'tit t"A t7fii+f1 `>µa ~r:--„,. n. This Bjaaca For Filing Use Only FILE NOMBER AND STATE OR PLACE OF CQRCANiiAT!ON 2. SECR9TAV:DP STATE FILE NtISER ° ' "-^'��[> �._ 3_ STATE,OR PLACE OF,ORGANIZA N 200424710190 CA - COMPLETE ADDRESSES FOR THE F7l.LOWING {Do riot abkiieviate the name afths city: Items A end S caitiruil;tse P.O,Bows,} 4 STREET ADPRESS'tF,PRINCIPALFXECUT11\410FFkCE CITY AND STATE �°` 'ZIP CODE 2948 It.CRAIG DRIVE 1 � ` GRANGE,CA 92889,,, 5. CALIFORNIA OFFICE WHERE RECORDS ARE:MAI NTA INED(DOMESTIC ONIL,')`'.v.. . CITY".",- '.STATE ,`,ZIP COGS 2948 E,'CRAIG DRIVE:_ :r: ":" ORA ICE,CA" 928 9 - , CA_ NAME AND COMPLETE ADDRE S 60 THE CHIEF EXECUTIVE-.'OFFICER,IF,ANY, . �s' _. NAME _ ADDRESS ���CtTY AN6STAT - - ZiF?COO #iRLOS SAN ROMAN,,,:: 2948 E`'`CJG DRIVE ORANGE,CA 92869 �.. NAME ANDS COMPLETE ADDRESS OF ANY MANAGl KR OR MANAGERS, OR IF;`NONE HAVE"BEEN APPOINTED OR ELECTED, " PROVIDE Tkl AME AND ADDRESS t1=�EACf 1 MEME3ER`Attach addi5onal jaT s,if necessary.) 7. NAME At3i1RE9S=�_��,„ CITY AND STATE' '� ZIP CODE . CARLC35 BAN ROMAN lAN 2945, "E.CRAIG DRIVE ­: � GRANGE,CA- 92859''._ f•. 33,,';NAtfiE ADDRESS ITY AND ST,TE ZIP CODE Y B. NAME 11 PDRES-S CITYAND STATE _ ZIP CODE AGENT"FOR,SERVICE OF PROCESS (if the agentia ai individual,the a t must aside in California and Item l'i must be c+a [eted wsth�a Cattto ti address, if the agent is a cOrpoteYaoitthe agent must have or% Iwith the California Becrefar of State a certificate pursuant to CortsoraYt� Code section $05 and Item 14anust be left blank.), 7..... b NAME OF AGEN1I FOR SERVICE OF PROCESS CARL.OS SAN ROMAN 4h .k., 11. ADDRESS OF AGENT-FOR SERVICE OF PROCESS,II t CALIFORNIA IF AN INDIVIOVAL '":;;CITY STATE ZIP CODE 2948 E.CRAI DRIVE OR IGE `928£9 CA• TYPEOF BUSINESS v? 12.�"OESCRIBE THE TYk`6F,,4USINESS OFJHE LIMITED LIABILITY COMPANY INVESTMENTS t3. THE INFORMATlOC9NTAItUEL HEREIN ISTHUE,AND CORRECT:­ RANi3ALL K.J"4�OPON "'. .',,> _. TT R IEY 11/07/06 k TYP R PRINTNAME Oi 44> FRSON COMPLETING'THE FORM SIGNATURE -3TTkE DATE DUE _ DUE DATE, ,; y LLC-12(REV t 2 1) APPROVED BY SECRETARY OF STATE