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HomeMy WebLinkAboutWHITMORE, JOHNSON & BOLANOS legal services - PERS (Public Employee Retirement System) 6/16/97 - 1997-06-16 ro , e. Qjj;:Nj . Council/Agency Meeting Held:_6 461/9y Deferred/Continued to: eApproved ❑ Conditionally Ap roved © Denied City Clerk's ignature Council Meeting Date: June 16, 1997 Department ID Number: AS 97-026 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: OUTSIDE LEGAL COUNSEL -- PERS LITIGATION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s� Statement of Issue: Litigation between the City and the Public Employees Retirement System (PERS) requires the retention of outside legal co-counsel. Funding Source: 1996197 General Fund Budget. RecoMMended 1. Approve the agreement with the law firm of Whitmore, Johnson and Bolanos to serve as co-counsel with the firm of Liebert, Cassidy and Frierson on the litigation initiated by the City against the Public Employees Retirement System. 2. Authorize the Mayor and City Clerk to sign the contract. 3. Approve the Liability Policy 10-day notice cancellation clause and the $25,000 deductible on Professional Services, thereby waiving the 30-day notice of cancellation requirement and the "no deductible" insurance requirement. Alternative Actjpn(s): None. Analysis: Attached is a copy of the description and City Council action to initiate litigation against PERS. The law firm of Liebert, Cassidy and Frierson has been working with the City for the past two years regarding the City issues with PERS. Additional legal assistance/opinion on the City's strategy was requested from the firm of Whitmore, Johnson and Bolanos. Both firms will be coordinating regarding the litigation and will be serving as co-counsel. Envoronrnental : Not applicable. V • REQUEST FOR ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: AS 97-026 Aftacbment(s): NumberCity Clerk's Page Description 1. City Council Action of June 2, 1997 2. Agreement RCA Author: Robert J. Franz 0026019.01 -2- 06/12/97 10:53 AM r For Immediate Release June 2, 1997 Media Contact: Peter J. Brown, of the firm 97-84 of Liebert, Cassidy and Frierson (310) 645-6492 City,of Huntington Beach votes to file lawsuit against Public Employ- ees' Retirement System to save taxpayers from funding an unlawful retirement benefit On June 2, 1997, the City Council of the City of Huntington Beach voted unani- mously (7-0) in closed session to direct its legal counsel to file a lawsuit against the Public Employees' Retirement System (PERS). , As a result of misrepresentations by PERS, the City negotiated certain retirement provisions into collective bargaining agreements with its employee associations. These provisions allowed City employees the opportunity to have both their portion of retire- ment premiums (currently paid for by the City) and one year's worth of vacation accrual converted to salary, which at the option of the employee, could be `rolled" into the employee's final year compensation calculation for retirement purposes. This final year compensation calculation is used by PERS to determine a retiring employee's monthly retirement pension. This practice allowed City employees a substantial increase in their monthly retirement pension, which had the effect of creating a significant unfunded liability to PERS, estimated by PERS to be over eight (8) million dollars for 104 current retirees. At the time that prior City Councils agreed to provide these retirement benefits, in the mid-1980's, PERS had indicated that the benefit was lawful. According to the City's legal counsel, subsequent interpretations of the law by the courts, (Oden vs. Board of Administration of the Public Employees' Retirement System, March 14, 1994, in the California Court of Appeal) have demonstrated that the benefit is unlawful, and that PERS' interpretations of the Public Employees' Retirement Law were erroneous. The City Council understands that the salary conversion provisions were negotiated with the employee associations in good faith. However, it did so relying on PERS' representations that the conversion benefits were lawful. Now that PERS has indicated that it will assess the City for the cost of funding this unlawful benefit, the City Council believes that benefit should not be funded by the taxpayers. It is the responsibility of the City Council to meet its obligation to the community to insure that the business of government is carried out in compliance with the law. Questions concerning this litigation may be directed to the City's legal counsel for this matter, Peter J. Brown, of the firm of Liebert, Cassidy and Frierson (310) 645-6492. -30- I make a motion to direct Peter Brown of the Law Offices of Liebert, Cassidy &Frierson to take the following action: 1. File the lawsuit he has prepared on behalf of the City of Huntington Beach for declaratory relief, injunctive relief, and writ of mandate against the California State Board of Control and Board of Administration of the Public Employees' Retirement System in the Orange County Superior Court on June 3, 1997; and 2. File the Government claim he has prepared on behalf of the City of Huntington Beach against the California State Board of Control and Board of Administration of the Public Employees' Retirement System with the State Board of Control on June 3, 1997. 3. Send a letter to the Public Employees' Retirement System informing PERS that effective immediately the City is exempting itself from the short-term policy, effectively immediately. Pp� co t"' t? C Ll WQI 0 KG-71."IGvS AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WHITMORE, JOHNSON & BOLANOS, A LAW CORPORATION, FOR LEGAL SERVICES Table of Contents Section P � 1 Employment 1 2 Duties 1 3 Fees 1 4 Expense Limitations 2 5 Reporting 2 6 Termination 3 7 Hold Harmless 3 8 Independent Contractor 3 9 Workers' Compensation 3 10 Insurance . 4 11 Certificates of Insurance; Additional Insured 5 12 Waiver of Conflict of Interest 5 13 Future Work for Other Clients 6 14 Responsible Attorney 6 15 Delegation 6 16 Modification 6 17 City Employees and Officials 6 18 Immigration 7 19 Nondiscrimination . 7 20 Notices 7 21 Entire Agreement . 8 74. S F/L.,G:agreements/O'h ei I l/6.`12/97 0 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WHITMORE, JOHNSON & BOLANOS, A GENERAL PARTNERSHIP, FOR LEGAL SERVICES THIS AGREEMENT is made and entered into this, 6,b day of , 1997, by and between the CITY OF HUNTINGTON BEACH ("City") and WHITMORE, JOHNSON & BOLANOS, attorneys at law ("Legal Counsel"). WHEREAS, CITY has received a legal opinion regarding the options available to the City in the matters of the Huntington Beach Management Employees Organization and the Huntington Beach Municipal Employees Association grievances regarding the Public Emploees Retirement System permitted "PERS rollovers," and the Huntington Beach Fire Association v. City of Huntington Beach case (Orange County Superior Court.Case No. 759949), and been provided recommendations regarding said options; and WHEREAS, CITY wishes to retain legal counsel as co-counsel on litigation initiated by the CITY against the Public Employees Retirement System, hereinafter, PERS; NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. Employment Law Representation. City hereby retains Legal Counsel and Legal Counsel hereby accepts such retainer to advise and represent the City. SECTION 2. Duties. Legal services shall include but not be limited to, act as co- counsel with attorney Peter Green, of the law firm Liebert, Cassidy and Frierson, under the supervision of the City Administrator, in the matter of the lawsuit filed by the City of Huntington Beach against PERS regarding the legality of PERS permitted rollovers. In addition, legal services may include such related matters as the City Administrator may specify, including consultation with other city officials and other persons as designated by the City Administrator. 1-1 utton/KTCD:Agree:Whitmore 6i 12i97 SECTION 3. Fees and Responsmble Attorney. Legal Counsel's hereby designates Richard S. Whitmore and Kathryn T. Burke as the attorneys primarily responsible for the co- counel services rendered hereunder. Primary responsibility for the co-counsel work shall rest with Richard Whitmore. The billing rate for Mr. Whitmore shall be Two Hundred Twenty Dollars ($220) per hour and the rate for Kathryn T. Burke shall be One Hundred Fifty-Five Dollars ($155) per hour. Paralegals shall be billed at Sixty Dollars ($60.00) per hour. All billing shall be in compliance with the Billing Protocol attached as Exhibit "A", as amended at Paragraphs 10- 19 and 25. SECTION 4. Reporting. In performing legal services under this Agreement, Legal Counsel shall work under the direction and control of the City Administrator and shall not render additional legal services other than those specified in this Agreement without the advance concurrence of the City Administrator. SECTION 5. Termination. This Agreement may be terminated by the City at any time by giving written notice to Legal Counsel with or without cause. In the event of termination, all finished and unfinished documents, pleadings, exhibits, reports, and evidence shall, at the option of the City, become its property and shall be delivered to it by Legal Counsel. SECTION 6. Hold-Harmless. Legal Counsel shall defend, indemnify and hold harmless City, its officers, agents and employees, from and against any and all liability, judgments, damages, costs, losses, claims, including Workers' Compensation claims, and expenses resulting from Legal Counsel's negligence or other tortious conduct in the performance of this Agreement. SECTION 7. Independent Legal Counsel. Legal Counsel is, and shall be, acting at all times in the performance of this Agreement as an independent Legal Counsel herein and not as an employee of City. Legal Counsel shall secure at its expense and be responsible for any and all payment of income tax, social security, state disability insurance HuttonrKIPCD:Agree:Wh itmore 6i1297 compensation, unemployment compensation, Workers'Compensation, and payroll deductions for Legal Counsel and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. SECTION 8. Workers' Compensation. Legal Counsel shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against City, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by Legal Counsel under this Agreement. Legal Counsel shall obtain and furnish evidence to City of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. SECTION 9. Insurance. In addition to the workers' compensation insurance and Legal Counsel's covenant to indemnify City, Legal Counsel shall obtain and furnish to City the following insurance policies covering their legal services: A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage covering the legal services. Said policy shall indemnify Legal Counsel, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the legal services, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted Hutton/K/PCD:Agree:Whitmore 6/12/97 operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name City, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the legal services shall be deemed excess coverage and that Legal Counsel's insurance shall be primary. B. Professional Liability Insurance. Legal Counsel shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for Legal Counsel's professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage in an amount less than $25,000.00. SECTION 10. Certificates of Insurance; Additional Insurgd. Prior to commencing performance of the work hereunder, Legal Counsel shall furnish to city certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to City. Legal Counsel shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Legal Counsel under the Agreement. City or its 1"1utton/KIPCD:Agree:W hitmore 6/12/97 • ! representative shall at all times have the right to demand the original or a copy of all said policies of insurance. Legal Counsel shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement of Legal Counsel's insurance policies, naming the City, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. SECTION 11. D&Lagation. This agreement is a personal services agreement, and the services provided hereunder shall not be performed by or delegated to any person or entity other than Legal Counsel without the express prior written approval of the City Administrator. SECTION 12. Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. SECTION 13. City Employees and Officials. Legal Counsel shall not employ any City official or any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of California Government Code Sections 1090, et seq. SECTION 14. Immigration. Legal Counsel 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 8 U.S.C. § 1324a regarding employment verification. SECTION 15. Nondiscrimination. Legal Counsel agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this agreement, in accordance with Government Code § 19702. Hutton.'K/PCD:Agree:Whitmore 61112197 0 SECTION 16. Notices. Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Legal Counsel or to the City Attorney as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: TO LEGAL COUNSEL Michael Uberuaga, City Administrator Richard S. Whitmore, Esq. City of Huntington Beach Whitmore, Johnson & Bolanos 2000 Main Street, P.O. Box 190 2570 West El Camino Real, Ste. 600 Huntington Beach, CA 92648 Mountain View, CA 94040 Telephone: (714) 536-5575 (415) 941-9333 Facsimile: (714) 536-5233 (415) 941-9476 SECTION 17. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements, whether oral or in writing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. WHITMORE, JOHNSON & BOLANOS CITY OF HUNTINGTON BEACH, a general partnership a municipal corporation of the State of California By: ���T r► Mayor (print name) ATTEST APPROVED AS TO FORM: =City Clerk 77/0 47 City Attorney I D-ANC APPROVED: A ROVED: WL City Administrator Deputy City A inistratorl dminis ative Services FluttoniK/PCD:Agree:Whitmore 6r 12/97 JRId-22-15S7 14:39 WH I TMOF.'E,JdHNSCNdE'JLANOS /' Q] P.0-�IG4 F DAT'C'OOM DtCn 1-13--97 THS CERTIFICATE IS ISSUED AS A MA1TER OF INFORMATMONON7~Y AI+1D CAKFEaS N4 FIIGFii'S IJfxON TtlE CEATIFIGATE ay&He-Merich HOLLER. THIS CERTIFICATE DOES NOT AMF-No ExTE'ND OR 3600 W$ayshore, State 200 AL'TEA THE COVEFIAGE AFFORDED SY THE POLICIES BELOW. P Q BOX 10036 COMPAMES AFFORDING CQVEAAGIw Palo Alto, C& 94303 CCuPAu.Y A Gerwal Accident Iri.S!]ranCP- Co.. Whitluore Johnson &Boianos 2570 Brut M Camino Real#640 mauntain V ew, CA, 94040 fa ul t t .�LJ 'cJ0'� /&/,VS C0 BAR TW5 Z TO GER1FY T KAYTHE POLIVES OF INSURANCE LISTED BELOW KAYE BEEN ISSUER TO THE INSURED NAMED ABOVE FOR THE FOL}CY PERJO0 i JNDICA-E0.NOTM-,HSTANCING ANY REOUIREMENT TF.FW OR CCWOMCN OF ANY CO WAIJ T OR OTHER 00CUMENT WITH RSSP>=CT To wHICR GEg 7r-ATE AIAY 6E i.U®OR MAY PERTAIN.THE INSURANCE AFFO00F.0 BY THE POUCIF.3 AESCFt1iK0 HEPZN IS SUBJECT TO AL: -D46 TERms, EyewslONs AND CON DINS OF SUCH Pot_ICf 5,U MIrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' P0UCvrpPrvrrvt PwC1Fv"R&-nan ' LY�A rift0191ftURAWCt I "UCYWUWftR DATEDRUDIWIMJ DATtW/OWM Ubtfm ► A a�ur,LIAa1LI tiY BPP9996000-01 I 09/20196 I 09/20/97 I (3EMlSiAL?L3Grk'�AT& : a 000 C0W C�E�LUALJTy + 'POr70UCrM.CdLP*PAGO x as i LZAiW3 WA.O C7CCLiA PM;50WAL i ADY IN NAy t I I OWNER'Sa W ",h'rRA R-S PFIi7T 1 6AO�I OGGURAEf�Crt Y OQO I{ EwEDAMAGE AanoArM s QQ � 4 ED FLF fAery an+pa+�ger} I S s a I TOKODsLE ukwuTT NE -`-7 0912019b 0912a/97 IcaM8r9SL4C3Er.+rr �.s I,000,000 AWA= BPF95S600MI ALL CAYNED AUMS J e?Ri:)v eD A ` �J li'li .ii;: l 900 LY MIJI Y $CNEAL'L.60A�TG9 : GAIL i..J�i x :Fi�t;D ALltGs " : - � 9000.Y uQUW CTTY iV210'R "7y (Pt1f a=kwq s X Hot+oY�rurTce F By: PRaP�arT fiALiE s I 11 + P 43APAGZUAgZLrTY r I I ItJ1'U4hT.Y-EA/�CCI�IE� a ANY A6=- 1 TMEA XMt AUTO]0h%Y' ...i.-.err- _iv .n.� _ _. ✓ -IN Ivi�J—;v, . r} EACWACJ7CG rT 1 AL��J l_• t:�s I AGOREGAT-E I S A 0(c &'LA iUTv ,. $ XCOOSS78605 I 09/20/96 1 09/20/91 AfiNC6 i Loomoo r OTHuR TNAN waft .'.A FCAm A t u norAHo WC0�7172206 071OV96 071d]/97 EL EACM AGG=9" I s m9g.600 T14QPROPRIEMRf 1 ELQ'S_ mr;-PoucyLtkrr PART7<ERIMEacu rw 1 1 OFP=tRSARE: REM. I I ELDt3FASE•EA EA+PLC7rEE�S i 0 Ofl4 I oTHrbp 1 I DLSCMVT1tSrS OP Oo6RA'T10 1+DG4'f�OKy✓eMi t+/3AE�Al1TLMtf ' GeTtiFicate holder is included as Additional Insured as respecl:s epdorsement CG2G 10 attached SHOLAJ3 ANY OF TM$ ABOVE bISCii M POU001 BE CANCLI.LE.D REPOff THE City of Huntington Beach CKOMLATsoN DATE THOMZF, THE r3:=NO MWPANY wa.L MMMI11910601M "L G2n Hutton,City Attorney DAYS WRLTT£#[NOT=TO THE C8MinCATE HOLOVA HAMM TO IVM LEFT. 2000 Mam Sheet,P.O.Box 190 Hua ngton Beach,CA 92648 6LqWQRQW RURMtNTATIVE Al T�'J—'I Z�!Q�7 .'ate• �Cf ISSUE OATS(MMlDO1YY) all. CERTIFICAT OF INSURANCE � PROIJUCER ; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEFITIFICATE Seabury & Smith DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 3 Embarcadero Center, 13th Floor POLICIES BELOW. San Francisco, CA 94111 COMPANIES AFFORDING COVERAGE � COMPANY - �O.f LETTER A ' •CoregiS Insurance Company COMPANY13 . INSURED LETTER Whitmore, .;ohnson & Bolanos COMPANY C 2570 West Camino Real, Suite 600 LETTER mountain View, CA 940 0 COMPANY :;7, i ?7 LETTER COMPANY LETTER COVERAGES 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 CLAWS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY - � ---~�T-^--y----.�-._•-'1T—�--�- GENERAL AGGREGATE $ COMMERCIAL GENERAL LABILITY PRODUCTS-COf„MPIOP AGG. S CLAIMS,MADE OCCUR_ PERSONAL&ADV. NJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FREE DAMAGE(Any one fire) S MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY F.. --� W f .� COMBINED SINGLE •-•.r LIMIT S ANY AUTO - -• ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS IPer person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS ` (Par accident) GARAGE LIABILITY - - PROPERTY DAMAGE - S ---.-'-„----`------.-- EXCESS LIABILITY Vul - EACH OCCURRENCE S UMBRELLA FORM I AGGREGATE S OTHER THAN UMBRELLA FORM � - - -� STATUTORY LIMITS WORKER'S COMPENSATION _ EACH Arr3nmwT $ EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT S _ DISEASE-EACH EMPLOYEE S OTHER A Professional CAS-054223-2 7/1/96 7/1/97 $ 500,000 each claim - Liability $1,000,000 annual aggregate $ 25,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS This certificate evidences coverage only. CERTIFICATE HOLDt;A� - CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AttTl: Gail Hutton, City Atl'Orney. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KU&QMKxyd 2000 Main Street MAIL—3D_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. Box 190 LEFT, ! Huntington Beach, CA 92648 Q x xx N XK@ xK N 3 CXO 0 t&q Lv=KT{ x x M X1 tx K IN§a I xm U�X AUTHORIZED REPRESENTATIVE - A �� CARD 25-S (7I9D) _ __ . � CACORD CORPORATION 199: - l_'-1 I TPOPE,JOHI,ISOH&EIDLANOS Sao ./D X'V - F.04104 JAN-_��_•� 1�'�7 14�09 POLICY NUMBER: BP295 56COO-C 1 COMMER01AL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies ins-wance provided urdor the following: b0 •�b COMMERCIAL GENERA!, LIABILITY COVERAGE PART n � SCHEDULE -goy, Name of Pewon or Organization. City of untington Beach , its nfficers zn4 Employees (if no entry appears above, information required to COmplete this endorsemenr will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 10 is amended to Kc5de as an insured the person or organization si"wn in �. the Schedule, but cniy with respect to viability arising out of your ongoing operations performed for that in- sured. This insurance shall 'be primary as respects the insured shouts in tbe. schedule above , or if excess , shall stand in an unbroken chain of cover- age excess of the Nar.ed Insurec ' s scheduled underlying primary coverage _ In ezrher event , any ocher insurance maintained by the Insured scheduled above shall be in excess of -this insurance and shall not be called upor. to contribute with it . The insurance .afforded by this policy shall not he canr,ellcd except after thirty days prior written notice by certified -nail return receipt rco`ested his been given to the City . Except for non-payment which is ten ( 10) days . Signature-A"tborized Representative 3600 V , Bzyshore Road MO Palo Alto , CA 94303 415--858-0600 Ow CG 20 10 10 93 Cop"g,ht, Insurance Services Office. Inc.. 1992 C TOTAL P.04 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPNIENT AGENCY APPROVED ITEM DATE.- TO: ATTENTION: f Name rioDD DEPARTMENT: ��s I z REGARDING: C' ,State,Zip See Attached Action Agenda Item "� Date of Approval ? Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. � '•i r-u 6&7 Connie Brockway City Clerk Attachments: Action Agenda Page V Agreement ✓ Bonds Insurance g g RCA Deed Other Remarks: CC: �/ ✓ L N pa=tmcnt RCA Agreement Insurance Other V ✓ Name Dep ent RCA Agreement insurance Other Name Department / RCA Agreement Insurance Other Risk :Management Department Insurance Copy G:Fe 1]o uu R'a grrttts.�arts!tr (Telephone: 714.636.52271