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HomeMy WebLinkAboutThe Martinet Group, LLC - 2020-03-16 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT ' BETWEEN THE CITY OF HUNTINGTON BEACH AND THE MARTINET GROUP, LLC FOR DISASTER COST RECOVERY CONSULTING 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 The Martinet Group, LLC, a Limited Liability Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated March 16, 2020 entitled "Professional Services Contract Between the City of Huntington Beach and the Martinent Group, LLC for Disaster Cost Recovery Consulting" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 5. COMPENSATION In consideration of the additional services to be performed, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed Twenty Four Thousand Dollars ($24,000) in addition to the original sum of Six Thousand Dollars ($6,000), for a new total not to exceed Thirty Thousand Dollars ($30,000). 20-8638/229966 1 RECEIVED 2020 JUN -9 PM 1: 21 CITY CLERK CITY OF HUNTINGTON BE A CN The following Sections are hereby added to comply with FEMA reimbursement Requests: 30. GENERAL PRINCIPLES CONSULTANT shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi- initext—idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance. 31. COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 20-8638/229966 2 32. EQUAL OPPORTUNITY CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 33. AFFIRMATIVE ACTION Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 34. NON DISCRIMINATION CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, 20-863 8/229966 3 Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 35. BYRD ANTI-LOBBYING AMENDMENT CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 20-863 8/229966 4 CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 37. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the 20-8638/229966 5 Minority Business Development Agency of the Department of Commerce. 38. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 39. AUDIT AND INSPECTION CONSULTANT agrees to maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. 20-863 8/229966 6 CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 40. AUDIT REQUIREMENT CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). 41. 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 their authorized officers on June 9th , 2020. (SIGNATURES ON SEPARATE PAGE) 20-8638/229966 7 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of THE MARTINET GROUP, LLC California By: Director/Chief Michael E Martinet (Pursuant To HBMC§3.03.100) print name " ITS: (circle one)Chairman gE ' ice President APPROVED AS TO FORM: AND � f City Attorn Karen cott-Martinet print name Date ITS: (circle one)secretary/ Financial Asst. Secretary-Treasurer RECEIVE AND FILE: City Clerk Date COUNTERPART 20-8638/229966 8 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of THE MARTINET GROUP, LLC California By: �_ Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: AND f By: �� City Attorndy print name Date ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer RECEIVE AND FILE: 444k, 9-4744� City Clerk Date L10/14W COUNTERPART 20-8638/229966 8 CITY OF HUNTINGTON BEACH Professional Service Approval Form F° „o Amendment # 1 1. Date Requested: 5/21/20 2. Contract Number to be Amended: FIN-19 3. Department: Finance 4. Requested By: Dahle Bulosan 5. Name of Consultant: The Martinet Group, LLC 6. Amount of Original/Prior Contract: $6,000 7. Additional Compensation Requested: $24,000 8. Original Commencement Date: 3/16/20 9. Original Termination Date: 3/15/23 10. Extended Date Requested: N/A 11. Reason for Contract Amendment: Increase contract amount to not to exceed $30,000 due to ongoing COVID-19 cost recovery consultatting services. Purchasing Approval Signature Date 12. Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object# Fiscal Year 19/20 Fiscal Year Fiscal Year Fiscal Year 23840004.69365 $24,000 $ $ $ Budget Appr al Signature bafe DepartmLvnt Head Signature Date ��,City NAenager Approv Signature D to professional service approval form-amendment REV: 2016 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE MARTINET GROUP, LLC FOR DISASTER COST RECOVERY CONSULTING 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 Martinet Group, LLC, a limited liability corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform disaster cost recovery consulting; 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 Mike Martinet 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 CONSULTANT in the performance of this Agreement. agree/surfnet/professionalsvcs to$49 05/19-204132 20-8573/227645 1 of 12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 00r6k t , 20 9-0 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Thousand Dollars ($6,000). 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 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." agree/surfnet/profession al svcs to$49 05/19-204132 20-8573/227645 2 of 12 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 A. 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 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in place of subsection A above: agree/surfnet/professional svcs to$49 05/19-204132 20-8573/227645 3 of 12 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance agree/surfnet/professionalsvcs to$49 05/19-204132 20-8573/227645 4 of 12 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 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; agree/surfnet/professional svcs to$49 05/19-204132 20-8573/227645 5 of 12 B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 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 agree/surfnet/profession alsvcsto$49 05/19-204132 20-8573/227645 6 of 12 CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 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. agree/surfnet/professional svcs to$49 05/19-204132 20-8573/227645 7 of 12 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 The Martinet Group, LLC ATTN: Dahle Bulosan ATTN: Mike Martinet 2000 Main Street 24 Saint Andrews Way Huntington Beach, CA 92648 Londonderry,NH 03053 415-500-5255 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 agree/surfnet/professional svcs to$49 05/19-204132 20-8573/227645 8 of 12 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. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the agree/surfnet/professionalsvcs to$49 05/19-204132 20-8573/227645 9 of 12 scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity agree/surfnet/professional sves to$49 05/19-204132 20-8573/227645 10 of 12 to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. agree/surfnet/professional svcs to$49 05/19-204132 20-8573/227645 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of The Martinet Group, LLC California By: — /,,� Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: AND y. Ci ' Attorney print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: City Clerk Date �� COUNTERPART agree/surfnet/professional svcs to$49 05/19-204132 20-8573/227645 12 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of The Martinet Group, LLC California By: Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President APPROVED AS TO FORM: AND By: SIP Citq Attorney print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: City Clerk Date COUNTERPART agree/surfnedprofessional svcs to$49 05/19-204132 20-8573/227645 12 of 12 EXHIBIT A The Martinet Group, LLC ' � til 24 Saint Andrews Way Londonderry, NH 03053 �� l � 415-500-5255 o v= Point of Contact: Mike Martinet p mike themartinetgroup.com March 16, 2020 Disaster Cost Recovery Consulting Proposal For the City of Huntington Beach PROGRAM BACKGROUND Catastrophic disasters are a continuing threat throughout California, and occur on an irregular cycle which can devastate large areas throughout the City. Following such Presidentially declared disasters, the Federal Emergency Management Agency (FEMA) provides local government agencies with financial assistance through the Public Assistance program, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. While the stated objective of the Public Assistance program is to assist local governments to financially recover from the effects of disasters, the program has extremely complex regulations that often result in specific recovery projects being denied funding by FEMA. And years later, the Department of Homeland Security, Office of the Inspector General (DHS-OIG) can further substantially reduce whatever financial assistance local government agencies received when they audit projects completed by these same agencies. Multi-million dollar audit "take-backs" are not uncommon in these audits. The greatest single risk for FEMA deobligations and DHS-OIG audit findings is the failure of a local government agency to comply with the Federal procurement regulations in Title 2 of the Code of Federal Regulations, Part 200. The second greatest risk comes from insurance and risk management related issues as explicated in FEMA's Public Assistance Policy on Insurance, Recovery Policy FP 206-086-1. Most local government agencies are completely unaware of how these regulations put Federal grant funds at risk following disasters. A fundamental flaw exists in how local government agencies perceive FEMA's Public Assistance process. Many agencies focus virtually all of their attention on tracking the costs for the emergency response phase of a disaster, the first one or two weeks from the onset of an event. But in fact, approximately 80% of the costs of a disaster occur AFTER the "emergency" phase is over. Most of these post-emergency phase costs are managed by government staff other than first responders, i.e., the financial staff, procurement personnel, risk managers, project managers, etc. These personnel seldom if ever receive appropriate training in the unique aspects of disaster cost March 16,2020 1 CAUsers\Mlke\Dropbox\Martinet Group LLC\2020 Filing System\2020 Huntington Beach-Covid-19\Proposals\2020 Covid-19.wpd EXHIBIT A recovery grant management. And managing disaster recovery grants is substantially different than the management of other "day-to-day" non-disaster Federal grants. Furthermore, the Federal regulations continually change. Since Hurricane Sandy devastated parts of New York and New Jersey in 2011, the Federal government has issued well over a dozen major program changes that further frustrate even the best efforts of local government agencies. Many, if not most of these financial losses are avoidable when local government agencies have effective plans and procedures in place to manage these FEMA Public Assistance grants. There are occasionally DHS-OIG audits with zero dollar findings, that is, when the local government agency complied with Federal regulations and effectively managed their disaster assistance grants. It is therefore imperative that local government agencies have effective disaster grant management plans in place; have pre-established administrative disaster grant management processes; and have a pre-selected disaster cost recovery team identified and well-trained in order to avoid these all too common multi-million dollar deobligations and audit findings. Having both strategic and tactical cost recovery plans, regulation compliant procedures and effective staff training are essential to avoid FEMA deobligations and DHS-OIG audit findings which can run into the tens of millions of dollars for a single agency on a given disaster. THE MARTINET GROUP, LLC, COMPANY BACKGROUND AND EXPERIENCE: Mr. Martinet has over 30 years experience in emergency management and disaster planning as a local government emergency manager. He worked for a small California city as the Emergency Services Coordinator for nearly six years. He then served as the Executive Director for the "Area G" Disaster Management agency, a consortium of 14 cities in the South Bay region of Los Angeles County, California for sixteen plus years, representing 750,000 people. Mr. Martinet finished his career as the Emergency Planning Manager for the Controller's Office for the City and County of San Francisco for two plus years. Since his retirement from government service, in 2013, he has focused exclusively on assisting local government agencies with disaster cost recovery training, planning and cost recovery response consulting. He is the founder and current Chair of the Disaster Cost Recovery Caucus for the International Association of Emergency Managers. He has been providing disaster cost recovery training programs for 20 years to local government agencies and staff in California, and 14 other states. Mr. Martinet has experience with numerous disaster responses, including Presidentially declared disasters in the California Winter Floods of 1995; the crash of Alaska Airlines Flight 261 in 2000; and the San Diego Wildfires of 2003. More recently he assisted government agencies with their cost recovery efforts for the 2013 Rim Fire; the 2014 March 16,2020 2 C1Users\Mike\Dropbox\Martinet Group LLC\2020 Filing Syslem\2020 Huntington Beach-Covid-19\Proposals\2020 Covid-19.wpd EXHIBIT A Napa Earthquake; the 2015 Rocky and Valley Fires; two California floods in 2017; the Sonoma County Firestorm of 2017; and the historic 2018 Camp Fire in Butte County, CA. These events were all Federally declared disasters. Mr. Martinet has developed a series of customized workshops for local government agencies and colleges and universities designed to enhance the disaster cost recovery capabilities of local government agencies of all sizes. The workshops cover the disaster cost recovery and financial aspects of: 1. Comprehensive Disaster Cost Recovery Planning 2. Purchasing Compliance with Federal regulations 3. Pre and Post-Disaster Photo Documentation 4. Debris Management (including Debris Management Plans, Debris Management Contracting, Debris Monitoring Plans, Debris Monitoring Contracts, Right of Entry Waivers, and Debris Insurance Cost Recovery Planning) 5. Cost Recovery Work and Activity Documentation 6. Information Work Process Flow 7. Financial Aspects of Damage Assessment Planning 8. Insurance and Risk Management for Disaster Cost Recovery 9. Disaster Pay / Employee Feeding and Housing Issues 10. Volunteers, Donations and Victim's Services 11. Legal Issues for Disaster Cost Recovery (Real Estate Contracts, Insurance and Donations) 12. Creating Project Worksheets for Small Projects Mr. Martinet is a Certified Emergency Manager through the International Association of Emergency Managers (IAEM). He served for six years on the IAEM Certified Emergency Manager Commission. He holds a Master of Science degree in Emergency Services Administration from California State University at Long Beach, CA. He is the past Vice-President of the IAEM Region IX and is a past member of the IAEM Global Board. He also served on the National Fire Protection Association's Technical Committee on Standard 1600, the Standard for Emergency/Disaster Management and Business Continuity. He has written articles on disaster cost recovery for the IAEM Bulletin; Emergency Management, the online trade publication; the magazine of the California Society of Municipal Finance Officers (2017); the Journal of the Association of Government Accountants (2019); and the U.K. based Journal of Business Continuity & Emergency Planning(2019), and the NACo monthly magazine(2019). He is a frequent speaker at state and national conferences. SCOPE OF WORK The Martinet Group, LLC, proposes to provide disaster cost recovery consulting services (remote, via telephone) for the City of Huntington Beach (City) to provide guidance for the Covid-19 (Corona Virus) response. March 16,2020 3 C1Users\M1ke\Dropbox\Martinet Group LLC\2020 Filing System\2020 Huntington Beach-Covid-19\Proposals\2020 Covid-19.wpd EXHIBIT A COST This is an hourly fee for service contract with a hourly rate of $225.00, billed in 10ths of an hour (6 (six) minutes minimum, in increments of not less than 6 (six) minutes. The cost for the entire program is not to exceed $5,625.00, under this proposal. On- site work, if required is billed according to the accompanying rate sheet, effective January 1, 2020. This proposal covers not more than 25 hours of remote telephonic support. This proposal is valid for 90 calendar days from the date issued. Force Majeure Clause: Due to the nature of the Martinet Group's disaster related work with existing clients, a major disaster may make it necessary to delay or reschedule work under this contract. Accepted by: Date: Print Name: T itle: March 16,2020 4 C:\Users\Mike\Dropbox\Martinet Group LLC\2020 Filing System\2020 Huntington Beach-Covld-19\Proposals\2020 Covid•19.wpd EXHIBIT B Disaster Cost Recovery Training and Planning The Martinet Group, LLC 24 Saint Andrew Way Londonderry, NH 03053 415-500-5255 Rate Sheet -Effective January 1, 2020 Training program rates are inclusive of time and travel expenses. Training and Travel Within the Continental United States ■ For training within the continental United States, the two-day training program is $9,900.00. The training day rate for single days is $6,900.00 per day. Additional consecutive days of training are$3,500.00 per day. Training day rates include all travel time and travel expenses within the continental United States. Training and Travel outside the Continental United States (Alaska and Hawaii) ■ For training outside of the continental United States (Alaska and Hawaii), the two-day training program is $11,000.00. The training day rate for single days is $7,000.00 per day. Additional consecutive days of training are$4,000.00 per day. Consulting Projects ■ Off-site consulting time, phone calls, emails, and project work at your direction, are billed at$225.00 per hour. ■ On-site consulting and meetings, are billed at $1,800.00 per day, maximum of 8 hours per day, over that, the $225.00 per hour rate applies. A four hour minimum applies to on-site meetings. ■ Air travel to and from your agency (from Manchester, NH), is billed at a flat rate of$3,500.00, including travel time, airfare, hotel (two nights) and two day's meals. This is a flat rate fee and is not itemized. ■ Additional consecutive days for hotel, ground transportation and meal costs are billed at actual cost for market rates, rather than the local, state or Federal per diem rates, since these costs are highly variable on time of year, and local conditions and lead time given. These added costs are itemized at market rates. Maroh 16,2020 1 C:WserstMikelDropboxWertinet Group LLC1Rate SheetslRete Sheet 2020-Revised February 25,2020.wpd EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached exhibit B 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 the parties agree that past performance by CONSULTANT is in, or has been brought 1 Exhibit B 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. 2 Exhibit B EXHIBIT B Customized Training Programs ■ For customized training other than existing programs, I will have to review the client's needs and provide a separate proposal. Based on previous programs, a custom 4 hour program will take 40-60 hours to develop, and will include presentation time and travel for the first presentation. Logistical Support for Training Programs ■ For training classes and workshops, all reproduction of training materials will be done by the client unless otherwise specified. All meeting site logistical support is provided by the client, including the meeting room, audiovisual support, refreshments, advertising and registration services. If we provide the training materials, the cost of duplication and shipping are added expenses to the base pirce quotation. Insurance ■ The Martinet Group, LLC carries $2,000,000 in General Liability insurance coverage and $1,000,000 in Errors and Omissions insurance coverage. ■ As a company with no employees, we claim exemption from Worker's Compensation insurance requirements. ■ We carry$1,000,000 in automobile liability insurance coverage. March 16.2020 2 CAUsersVA1kelDropbox%Martine1 Grote LLMRate SheelslRste Sheet 2020-Ravi sad February 25,2020.wpd PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents lScope 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.................................................................................11 CITY OF HUNTINGTON BEACH Professional Service Approval Form PART I Date: 3/16/2020 Project Manager Name: Dahle Bulosan Requested by Name if different from Project Manager: Paulina Flores Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART/ MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Disaster Cost Recovery Consulting Services- COVID-19 2) Estimated cost of the services being sought: $ 5,625.00 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) —Other Interagency Agreement procedure will be utilized. ® MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No Principal Finance Analyst Signature (Purchasing Approval) Date 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10040115.69365 $5625 $ $ $ Budget Approval Date Department Head Signature(s) ate 0 Chief Financial Officer Signature Pate Z:i- - --.,4— /z4t),ao Assistant City Manager's Signature Date APPROVED DENIED ❑ Td-ZCity Manag is Signature '� Date non-psa#1 disaster cost recovery consulting 03.16.20 REV: 10/2019 CITY OF HUNTINGTON BEACH Professional Service Approval Form PART II Date: 3/16/2020 Project Manager: Dahle Bulosan Requested by Name if different from Project Manager: Paulina Flores Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: The Martinet Group, LLC 2) Contract Number: FIN 19- 3) Amount of this contract: $5,625 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10040115.69365 $5,625 $ $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Department Head D to l3 /�P lJ .?Tj Principal Fin ce Analyst(Purchasing) Date , Budget Man her Approval Signature Date Chief Financial Officer(or designee) Signature t D to non-psa#1 i the martinet group Ilc 03.16.20 REV: 10/2019 �'► �� CERTIFICATE OF LIABILITY INSURANCE 3/17/202pD/YYYY) 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 have ADDITIONAL INSURED provisions or 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 endorsements. PRODUCER CONTN,MEACTMarie Mllliman MARIE MILLIMAN INSURANCE AGENCY INC PHONE (858)487-9200 FA,XNo858-748-8503 16516 Bernardo Center Dr #150 t-MAILss:sta nintilliman@ farmersagency.com San Diego, CA 92128 ADDRE INSURERS AFFORDING COVERAGE NAIC# 0184132 INSURERA: Truck Insurance Exchange 21709 INSURED Martinet, Group, Llc. INSURERB: Farmers Insurance Exchange 21652 2493 Trenton Drive, INSURER C'Mid Century Insurance Company 21687 San Bruno, CA 94066 INSURERD:Ax1S Pro MPL Solution 37273 (415)500-5255 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. LTRS TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY DD YYYY MM DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX-1 OCCUR PREMISES Ea occurrence $ 75,000 605509182 01/09/2020 1/09/2021 MEDEXP(Anyoneperson) $ 5,000 C Y N PERSONAL&ADV INJURY $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY D JJECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER, $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a ac'dent $ ANYAUTO BODILY INJURY(Per person) $ d1/o9/zo2o 1/09/2021 OWNED SCHEDULED 605509182 [PROPERTY DILY INJURY Per accident) $ C AUTOS ONLY AUTOS HIRED NON-OWNED DAMAGE $ AUTOS ONLY AUTOS ONLY er accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION WORKERSCOMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) Li E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under ESC TION F O TION belo E.L.DISEASE-POLICY D E&O MCN000029261801 05/15/2019 5/15/2020 $1,000,000 Claims Made-Policy DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) 3715 Sandpoint Ct Carlsbad,CA 92010 APPROVE- ac:n CORM By CERTIFICATE HOLDER Crf 1 C1ir i vi tr\:. ;i; CAN EW40N ***Insurance Purposes Only*** -rntq?kr• C-14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-20 ACORD RPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD