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HomeMy WebLinkAboutThe James Madison Group - 2008-04-03 s CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: The James Madison Group Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake-Huntington Central Park eos A ocmi u y eon 11J„06 Amount of Contract: $12,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. ❑ to Risk Management ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: ' Name Extension City Attorney's Office 1113 /0 X / ilor G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND The James Madison Group, Inc. FOR Training Services Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3_..... __...- 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.......................:.........................................................I I Y PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND The .Tames Marti son Group, Tnr, FOR Consulting Svcs.' '/Training 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 The James Madison Group,-a-------Corporation — -ter-einafter-re€erred — — to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Conduct training ; 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 Brian Muir' , President who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs to$49 12-07 1 r 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 April 3 , 200_ (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_ five (5) months 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 Twelve Thousand Dollars 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," CONSULTANT will undertake such agree/surfnet/professionalsvcs to$49 12-07 2 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 insurance policies are agree/surfnet/professional Svcs to$49 12-07 3 t applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 agree/surfnet/professional svcs to$49 12-07 4 forthwith terminate this Agreement. Such termination shall not affect 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. agree/surfnet/professional svcs to$49 12-07 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and 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. agree/surfnet/professional svcs to$49 12-07 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach James Madison Group, Inc. ATTN: Michele S. Carr Brian Muir, President 2000 Main Street 410 East 900 North Huntington Beach, CA 92648 North Salt Lake, UT 84054 agree/surfnet/professional svcs to$49 12-07 7 17. 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 transaction or event. 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 agree/surfnet/professional svcs to$49 12-07 8 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. 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 fizll 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. agree/surfnet/professional svcs to$49 12-07 9 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. 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 28. ENTIRETY UV The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's agree/surfnet/professional svcs to$49 12-07 10 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. 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 Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTO EACH, a municipal corpora n of the State o James Madison Group, Inc. California COMPANY NAME , ✓ u an o e Director/Chief By: (Pursuant To HBMC§3.03.100) Brian Muir print name ITS: (circle one)Chairma President! ice President APPROVED AS TO FORM: AND t City Attorney ��b al,Lh-e lle I-n tAi'r- Date print name ITS:Se (circle one)Secretary/Chief Financial Officer/Asst. cretary-,Treasurer agree/surfnet/professionalsvcs to$49 12-07 1 1 0 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) To provide consultative training services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: L To provide customer service training to City of Huntington Beach employees. 2. To provide participant evaluation/feedback regarding the training courses provided. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. To provide the venue(s) , equipment and supplies required to conduct the training. 2. To provide notice to City of Huntington Beach employees regarding the available training. D. WORK PROGRAM/PROJECT SCHEDULE: 1. Provide training regarding two (2) one--day training topics in April 2008 2. Provide training regarding two (2) one--day training topics in June 2008 3. Total of four (4) .training days and four (4) training topics. EXHIBIT A EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product,CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in,or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B I ' Su it INSURANCE AND INDEMNIFICATION WAIVER Hwe arena MODIFICATION REQUEST 1. Requested by: Brigitte Charles 2. Date: May 19, 2008 3. Name of contractor/permittee: The James Madison Group 4. Description of work to be performed: Customer Service Training 5. Value and length of contract: 5 Months 6. Waiver/modification request: Waiver of E/O Coverage 7. Reason for request and why it should be granted: This is a training agreement only - no impact on City o eration o E/O exposure. 8. Identify the risks t 0 IeCity in v' this waiver/modification: None. DepaIrtffient Head Signature "gate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the)City Attorney's Office disagree. 1. Ri k Management Approved El Denied Signature Date 2. City Attorney's Office c Approved ❑ Denied e 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 r ACOI\®rM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 04/14/2008 PRODUCER Phone:(801)784-4938 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stratford Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2307 N. Hill Field Rd., Suite 103 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Layton, UT 84041 License#: 103899 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Zurich James Madison Group INSURERB: 410 East 900 North INSURER C: North Salt Lake, UT 84054 INSURER D: INSURER E 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'ADD' POLICY NUMBER ''I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM DATEM DD A GENERAL LIABILITY PAS002194969 02/15/2008 02/15/2009 EACH OCCURRENCE 1$ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence �'�$ �'�,CLAIMS MADE 56 OCCUR 11 MED EXP(Any one person) I$ $10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE i$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X I POLICY PRO-IpCT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS A LIED AS TO FO (Per person) $ HIRED AUTOS i!Py���Tgg+y-� BODILY INJURY $ •P E- V l V A.P.'E Mc_GRATH,�,City A me �✓ (Per accident) NON-OWNED AUTOS e 5 cdent)PROPERTYDAMAGE (Penaccident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY , EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND '', WC STATU- OTH- !EMPLOYERS'LIABILITY T LIMIT, R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? IE.L.DISEASE-EA EMPLOYEE$ j If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL P.O.Box 190 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Huntington Beach, CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE EVI ACORD 25(2001/08) ©ACORD CORPORATION 1988 Printed by EVI on April 14,2008 at 04:09PM i32 V r, ,,ision I c Y, FOII £ f p-, .................. .. .................. f 1 a• n• Y ; �w k a•; Zurich forth 1merlca , Small business r o , L Q a ®fce JNSURANaE PROGRAM Y o: • 740278 (Ed. 5=02) 133 ZUIH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE,TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM (RELAT'ING TO DISPOSI'TION OF TRIA) SCHEDULE* (1) Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism.Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Extension Act of 2005, ("TRIA") for lines subject to TRIA: 8.00 If TRIA terminates,the portion of this premium attributable to the remaining part of the policy period,as modified by any change shown in(2) of this Schedule, applies to the risk of loss from terrorism after the termination of.TRIA. (2) Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement: No change unless one of the following is completed- Return Premium: N/A Additional Premium: N/A If we notify you of an additional premium charge, the additional premium will be due as specified in.such notice. *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure of Premium scheduled to terminate at the end of December 31, 2607 un- In accordance with the TRIA,we are required to provide you less extended by the federal government. with.a notice disclosing the portion of your premium,if any, C. Possibility of Additional or Return Premium attributable to the risk of loss from terrorist acts certified The premium attributable to the risk of loss from'certified acts under that Act for lines subject to TRIA.That portion of your of terrorism coverage is calculated based on the coverage (if premium attributable is shown in the Schedule of this endorse- any)in effect at the beginning of your policy for certified acts ment or in the Declarations. of terrorism. If your policy contains a Conditional Endorse- B. Disclosure of Federal Participation in Payment of Terror- ment,the termination of TRIA or extension of the,federal pro- ism Losses gram with certain modifications(as explained in that endorse- The United States Government,Department of the Treasury, ment)may modify the extent of coverage(if any)your policy will pay a share of terrorism losses insured under the federal Provides for terrorism.If TRIA terminates or the Conditional program.The federal share equals 90%(85%for 2007)of that Endorsement becomes applicable to your policy, the return portion of the amount of such insured losses that exceeds the Premium(if any)or additional premium(if any)shown.in(2) applicable insurer retention. The Act currently provides for of the Schedule will apply.If the level or terms of federal par- no insurance industry or United States government participa- ticipation change;the premium shown in(1) of the Schedule tion in terrorism losses that exceed $100 billion in any one attributable to that part of the policy period extending beyond calendar year. The federal program established by the Act is such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of ISO Properties,Inc.with its permission. U-GU-692-B CW(01106) CODvrieht Zurich American Tniknrance C.mmnanv W10C - - 'n^----i _. I - - - 134 - - - - NOTICE TO POLICYHOLDER COVERAGE CHANGE NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED-TO REPLACE ANY PROVISION IN YOUR POLICY.YOU SHOULD READ YOUR POLICY-AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION-ON THE.COVERAGES YOU-'ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY;THE PROVISIONS OF THE POLICY SHALL PREVAIL THIS NOTICE HAS BEEN PREPARED IN CONJUNCTION WITH THE IMPLEMENTATION OF CHANGES TO YOUR POLICY, Your policy has been converted from a term policy with an effective date and an expiration date to a continuous policy that will automatically renew on each policy anniversary date unless cancelled or nonrenewed. Therefore, your policy will be deemed to expire annually on the anniversary of its inception. We may non-renew the policy effective upon any anniversary date of policy inception subject to any notification requirements imposed by law. We may condition the continuance of coverage beyond any anniversary date of policy inception upon increase in premium, change in limits, change irntype of coverage, elimination, reduction or restriction of coverage or increased deductible subject to any notification requirements imposed by law. If we have not issued notice of nonrenewal effective upon an anniversary date of policy inception, the policy will renew automatically without any lapse in coverage provided timely payment of premium is received. If we condition the continuation of coverage as described'above.'beyond an anniversary of policy inception and you accept the condition(s) by timely payment of premium, the policy will renew automatically without any lapse in coverage. 9CO518 Ed. 1 1-99 135 - THE NORTHERN INSURANCE COMPANY OF NEW YORK ADMINISTRATIVE OFFICES 1400 AMERICAN LANE SCHAUMIBURG, ILLINOIS 60196 PRECISION PORTFOLIO POLICY For - JAMES MADISON GROUP 410 EAST 900 NORTH NORTH SALT LAKE UT 84054 By ATP INSURANCE GROUP LLC PO BOX 1509 BOUNTIFUL UT 8401 1-1509 In witness whereof, the Company has executed this policy and, where required by law, has caused this policy to be countersigned by its duly Authorized.Representative. President Secretary SS5005 Ed. 3-00 - - 136 f Disclosure.Statement Z U I C H DAMES MADISON GROUP ZURICH AGENT/BROKER COMPENSATION DISCLOSURE Dear Policyholder: On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and.want you to understand clearly our business relationship with the agent.or broker you chose to'. represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its'insurance products through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent,,: many insurance companies. Because we do not employ your agent or broker,the way they are compensated may vary ; We recommend you discuss these arrangements with your agent or broker. 041. For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your" business, please go to http://www.zurichna.com Click on the information'link located',on the Agent/Broker Compensation Disclosure section. Where appropriate, insert the Access Code'provided below,and you will be able to view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information. We also provide information on the compensation Zurich pays to agents and brokers by of'business. To view that information, please go to hftp://www.zurichnaprod ucercompensation.com or call the following toll-free number: (866) 903-1192. Thank you. Access Code: 15144028158 NOTE Zurich wants to thank you for your business. We realize, however,that you as a customer have.a choice If based on the information provided above,you have changed your decision to purchase insurance with us, please advise your,agent in writing within 30 days of the date of this Notice, and your policy will be cancelled"at customer request`as never going rit: effect. Printed: 01/10/2008 U-RET-S-402-A CW (081,07) - Page 1 of 1 X x I X PO .......... PAS 02194969 15683485 M017712326-001-00001 NONE BRANCH Z7 ARIZONA OFFICE ANNIVERSARY EFF 02/15/2008 137 ZURICH NORTHERN INSURANCE COMPANY OF NEW YORK COMMON POLICY DECLARATIONS PRECISION AMERICA OFFICE PROGRAM This policy consists of the declarations as well as the coverage forms and endorsements listed on the Forms and Endorsements Applicable List. ............ ...... SS NAMED INSURED AND MAILING ADDRESS ADDRESS AGENCY NAME AND SERVICING .. ...................... ........................ . ................... ........ ............... JAMES MADISON GROUP ATP INSURANCE GROUP LLC 410 EAST 900 NORTH PO BOX 1509 NORTH SALT LAKE UT 84054 BOUNTIFUL UT 84011-1509 (801) 532-6171 BRANCH NAME AND SERVICING ADDRESS PERIOD ....... ...... ................... ARIZONA OFFICE FROM TO P.O. BOX 10197 02/15/2008 UNTIL CANCELLED/ JACKSONVILLE, FL 32247-0197 12:01 am NON—RENEWED Standard Time At Your Mailing Address Shown Above BUSINESS ENTITY: S-CORP BUSINESS DESCRIPTION: SALES, SERVICE OR CONSULTING ORGANIZATIONS - NO ARCHITECTS, ENGINEERS, MEDICAL OR LEGAL WORK POLICY PREMIUMS ,In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. This. premium may be subject to adjustment. PREMIUM COMMERCIAL PROPERTY AND GENERAL LIABILITY 492.00 TERRORISM PREMIUM $ 8.00 TOTAL ANNUAL PREMIUM $ 500.00 YOUR PRECISION POLICY RENEWAL PREMIUM INCLUDES A LOSS-FREE CREDIT. Countersigned by Authorized Representative Date Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,Inc.,2001 01/10/2008 Copyright,Zurich American Insurance Company 2004 COMMON lKICI 10PIMIC I"nov i j-r.i -r)-1 no-A rAAI In r,-r),l I ICY::>NUI�fiBBi::::::.... :> llcm::::: D PAS 02194969 15683485 M017712326-001-00001 NONE i3a BRANCH Z7 ARIZONA OFFICE ANNIVERSARY EFF 02/15/2008' ZURICH SUPPLEMENTAL DECLARATIONS PRECISION AMERICA OFFICE PROGRAM t.: .etnn ._< .., . . - .:. .:...:.. COMMON COMMON POLICY DECLARATIONS RETAINED MINIMUM PREMIUM U-CL-0-100-A CW 0604 Commerc i a l Property & Commerc i a l General Liability - $100 01/A=008 INSURED'S COPY u.ci-o-wI-ACwa06/04f- PAGE 1 OF 1 139 IL 02 66 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U AH CHANGES ®-CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE.COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND"FIDELITY COVERAGE PART EMPLOYMENT—RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A The following is added to the Cancellation Common B. The following is added and supersedes any provisions Policy Condition: to the contrary: 7. If this policy has been in effect for more than NONRENEWAL 60 days or if this is a renewal of a policy we ,. If we elect to not renew this policy, we will issued, we may cancel this policy only for one mail, by first class mail, written notice of or more of the following reasons: nonrenewal to the first Named`:Insured, at the a Nonpayment of premium; last mailing address known to us, at least 30 b. Material misrepresentation; days before the expiration or anniversary date of this policy. c. Substantial change in the risk assumed unless 2. We need not mail this notice'if: we should reasonably have foreseen the change or contemplated the risk when a You have accepted replacement coverage; entering the contract; or b. You have requested or agreed to nonrenewal; d Substantial breaches of contractual duties, or conditions or warranties. c. This policy is expressly designated as If we cancel for nonpayment of premium, notice nonrenewable. of cancellation must state the reason for a If notice is mailed, proof of mailing'is sufficient cancellation. proof of notice. 8. With respect to the Commercial Automobile Coverage Part, the following applies in addition to the provisions of Paragraph 7. above: We may cancel this policy if your driver's license, or the driver's license of a person who customarily drives a"covered auto",is suspended or revoked. S. Notice of cancellation must be delivered or mailed by first class mail. IL 02 66 09 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 1 140 D PAS 02194969 15683485 M0177.12326-001-00001 NONE BRANCH. Z7 ARIZONA-OFFICE ANNIVERSARY .EFF 02/15/2008 ZURICH . PRECISION PORTFOLIO POLICY COMMERCIAL PROPERTY.DECLARATIONS PRECISION AMERICA OFFICE PROGRAM This coverage part consists of this declarations form, the common policy conditions, . and the coverage forms and endorsements indicated as applicable on the forms list. For descriptions of premiums, see the attached buildings and personal property schedule. Insurance at the described premises applies only for coverage for which a limit of insurance is shown. These may be found in this declarations and the attached schedules. SCHEDULED PERSONAL PROPERTY $250 SEE SCHEDULE PEAK SEASON PERSONAL PROPERTY INCREASE NONE 50% OF LIMIT /k17..1Tif3]1fA.:::... ACCOUNTS.RECEIVABLE* NONE $251000' ANTENNAE AND SATELLITES* $250 .$1,000 BI & EE - DEPENDENT PROPERTIES - 30 DAYS NONE ACTUAL LOSS SUSTAINED BI & EE - NEWLY ACQUIRED PROPERTIES - 180 DAYS NONE $2501000' LOSS OF BUSINESS INCOME (BI) AND EXTRA EXPENSE (EE) - 12 MOS NONE ACTUAL 11 LOSS SUSTAINED DEBRIS REMOVAL - EACH LOCATION NONE $10,0001 DEFERRED PAYMENTS NONE $5,000 EDP EQUIPMENT AND MEDIA - BLANKET* $250 $10,000' EMPLOYEE DISHONESTY* NONE $10,000 FINE ARTS - BLANKET* $250 $10,000 FIRE DEPARTMENT SERVICE CHARGE NONE $10,000 FIRE EXTINGUISHING EQUIPMENT RECHARGE NONE $1,000 FORGERY OR ALTERATION* NONE $10,000 FREE-STANDING FENCES & WALLS* $250 $2;500 The limits.for"these coberages may be increased. :Contact your agent COMMERCIAL PROPERTY 9s1016 Ed. _3:-00 INSURED,'S-COPY 01�10/2008 � r , ............. ................................. . ....................... ':Nu X ...... D PAS 02194969 15683485 M017712326-001-00001 NONE ,jqRANCH V ARIZONA OFFICE ANNIVERSARY EFF 02115/1608 z u PRECISION PORTFOLIO POLICY BUILDINGS AND PERSONAL PROPERTY SCHEDULE PRECISION AMERICA .................................................................................. .......... ............ .. . . ........................................ .. ................................... PREMISES PRIMARY OCCUPANCY. SALES, SERVICE OR CONSULTING ORGANIZATIONS - NO ARCHITECTS, ENGINEERS, MEDICAL OR LEGAL WORK INSURED'S INTEREST. TENANT CONSTRUCTION: FRAME PROTECTION CLASS-. 004 DEDUCTIBLE LIMIT SCHEDULED PERSONAL PROPERTY REPLACEMENT COST $250 $5,200 BACK-UP OF SEWERS& DRAINS $1,000 EQUIPMENT BREAKDOWN $250. INCLUDED ............. ....................:.... , , .......................................... .................................................................................................... ................................. ................................................................................................. ................ ................... ....................... .......... COMMERCIAL PROPERTY 9S1017 Ed. 6-01 INSURED'S COPY 01/10/00081.1- NO 143 D IPAS 02194969 1 1 15883485 1 1 M017712326-001-00001 NONE'.;:. BRANCH ,Z7 ARIZONA OFFICE ANNIVERSARY"'EFF 02/:15/2008 ZUR CH PRECISION PORTFOLIO POLICY COMMERCIAL GENERAL.LIABILITY DECLARATIONS PRECISION AMERICA OFFICE PROGRAM This coverage part consists of this declarations form; the common policy conditions;.and the coverage forms and endorsements indicated as applicable on the forms list ::......... .... « +I ( ll*R A�Ei,:'`> R I«IMIT. Some of these. coverages are sublimits'or are subject .to aggregate limits. Refer to .your . policy to determine how they apply. GENERAL AGGREGATE $2,000;000 . PRODUCTS AND COMPLETED OPERATIONS AGGREGATE V,000,000 EACH OCCURRENCE $1,000,000 TENANTS LEGAL LIABILITY . $`1,000,O MEDICAL EXPENSES EACH PERSON HIRED AND NON-OWNED AUTOMOBILE LIABILITY $1,000;0001 HIRED AUTO PHYS DAMAGE $` 50';-OOa" COMMERCIAL GENERAL LIABILITY 9s200e Ed. 3-00 INSURED'$ COPY 01`/10/2008 146 - - . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: TWO OR MORE COVERAGE S OR. POLICIES ISSUED BY US This endorsement modifies provisions in the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same "occurrence", offense, claim or "suit", the Limits of Insurance`under all the Coverage-Forms or policies applicable to such."occurrence", offense, claim or "suit" shall not exceed the highest applicable Limits of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or . policy: issued by us or affiliated company specifically to apply as excess insurance over this Coverage Form. Includes copyright material of Insurance Services Office, Inc. 9S2324 Ed. 09-02 Copyright, Insurance Services Office, Inc., 1994, 1997 CoDvriaht. Zurich American Incuramrc Cmmnami ao-+r, �rl.li+t,.:�i +e + �. gr%A11 Page 1 .of 1 T U ... 147 D PAS 02194969 15683485 M017712326-001-00001 NONE BRANCH ARIZONA OFFICE ANNIVERSARY EFF 02/15/2009 ZURICH. PRECISION PORTFOLIO POLICY , FORMS AND: ENDORSEMENTS APPLICABLE PRECISION AMERICA NORTHERN INSURANCE COMPANY OF NEW YORK' ', .............................. . .... ......... 4.1 N :CP0127 0396 X UTAHr�CHANGES 0300 X PROPERTY DECLARATION 1SI017 0601 X BUILDING AND PERSONAL PROPERTY SCHEDULE zi 0499 X BUILDING AND PERSONAL PROPERTY COVERAGE FORM .9S1220 0701 X EXCLUSION FOR SOFTWARE AND DATA-RELATED:LOSSES X ELECTRONIC` LI 9S2102 0601 ABILITY AMENDMENT ENDORSEMENT 9S1052 0499 X PROPERTY CHANGES :,9S1002 1092 X CRIME-COVERAGE FORM �9S1103 0302 X GLASS AMENDATORY ENDORSEMENT 9S1054 0499 ..X, TENANTS LEASE PROTECTION 9S1056 0499 X BUSINESS INCOME COMMUNICATIONS SATELLITE . EXCLUSION 0008 0300 X 'COMMERCIAL, GENERAL LIABILITY DECLARATIONS 9S2009 0300 X COMMERCIAL GENERAL LIABILITY SCHEDULE 9S2001 0499 .X COMMERCIAL GENERAL LIABILITY COVERAGE FORM tGO062 X WAR LIABILITY EXCLUSION These forms are attached.,Remaining forms were attached to a previous copy of the cpolicy. COMMON qss669 Ed. 3=00 INSURED.'S-COPY �'U 1I� f1!1 '�w3::�,U ..::%; Ml��::::2::......::N..AABQ�:: .....7'........:.........Qn..................................................................�t.U....!C�!L3�1'..i �R.::;;:::::::: :::::.:....::::;;........:.............................. 149 p PAS 02194969 15693485 M017712326-001-00001. NONE - BRANCH ARIZONA OFFICE ANNIVERSARY EFF 02/1.5/2008 PRECISION PORTFOLIO POLICY ZURICH FORMS AND ENDORSEMENTS APPLICABLE PRECISION AMERICA NORTHERN INSURANCE COMPANY OF NEW YORIC (CONTINUED) CG2152 0798 X EXCLUSION - FINANCIAL SERVICES CG2224 0798 X EXCLUSION-INSPECTION; APPRAISAL AND SURVEY COMPANIES CG2233 0796 X EXCLUSION TESTING OR CONSULTING ERRORS AND OMISSIONS CGO186 1194 X UTAH`CHANGES # These forms are attached Remaining forms were attached to a previous copy of the policy. COMMON 9S5009 Ed. 3-00 INSUREDS COPY 011'108008 .:. D PAS 02194969 1588348S M017712326-001-00001 NONE tso BRANCH Z7 ARIZONA OFFICE ANNIVERSARY EFF 02/1572008 ZtJRICH FORMS AND ENDORSEMENTS APPLICABLE LIST NORTHERN INSURANCE COMPANY OF NEW YORIC RM>:Nuiri18EF .:>::>:........::>::::>::::>::: :: :<:.>::>::::>::>:::::: COMMON U-GU-692-B 01-06 DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA * 740278 0542 OFFICE JACKET +� 9S5005 03-00 POLICY COVER PAGE -NORTHERN INSURANCE COMPANY 9S5014 03-00 POLICY INDEX - PROPERTY AND LIABILITY COVERAGE PARTS U-CL-D-1.004 CW 06-04 COMMON POLICY DECLARATIONS * U-CL-D-101-A CW 06-04 SUPPLEMENTAL DECLARATIONS IL0017 11-98 COMMON POLICY CONDITIONS 9CO034 05-99 AMENDATORY ENDORSEMENT - POLICY TERM # IL 02 66 09-07 UTAH CHANGES - CANCELLATION AND NONRENEWAL IL0021 04-98 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM *THESE FORMS ARE ATTACHED. REMAINING FORMS WERE ATTACHED TO A PREVIOUS COPY OF THE POLICY. 9CO010 Ed. 06-04 INSURED'S COPY 01/.10/2008 PAGE 1 OF 1 4o�op CITY OF HUNTINGTON BEACH qO dA"JTa(1°,�b Professional Service Contracts Purchasing Certification 1. Date: 5/19/2008 2. Contract Number: HR Z�/a' 27 U 3. Department: Human Resources 4. Requested by: Michele S Carr S. Name of consultant: The James Madison Group 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. 7. Amount of the contract: $12,000 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 10030402-69450 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over$100,000? ❑ Yes ® No (Note. Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). The James Madison Group-801-292-5444 �% /ve 3. o a�0 (eV, 16. ach proposed scope of work. See attached 17. Attach propose ayment sched le. See attach partmen He Sign re RICHARD AMADRIL Central Services Manager 1. If the answer to this question is"No,"the contract will require approval from the City Council.