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Disabled Veteran Modular Buildings - 2020-10-12
AMENDMENT NO.2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DISABLED VETERAN MODULAR BUILDINGS FOR DISASSEMBLE,TRANSPORT, REASSEMBLE AND PURCHASE OF A USED j TRAILER FOR THE HOMELESS NAVIGATION CENTER i 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 DISABLED VETERAN MODULAR BUILDINGS, hereinafter referred to as"CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated September 29,2020 entitled"Professional Services Contract Between the City of Huntington Beach and Disabled Veteran Modular Building,for Disassemble,Transport, Reassemble and Purchase of a Used Trailer for the Homeless Navigation Center"which agreement shall hereinafter be referred to as the"Original Agreement,"and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Eighty Two Thousand Five Hundred Dollars($82,500). The additional sum shall be added to the original sum of Two Hundred Sixty Seven Thousand Seven Hundred and Seven Dollars($267,707), for a new contract amount not to exceed Three Hundred Fifty Thousand Two Hundred Seven Dollars($350,207). 20-9175/240693 1 2. 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 ✓c'[ e.,,k �e f J ,2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Disabled Veteran odular Buildings California BY: Jose Antonio De Leon ---- (Pr Di r for/Chief nsirunl To Hf3MC y�3.03.1 OJ print name ITS: (circle one)Chai a / residentNice President ole Proprieto Ajr APPROVED AS TO FORM: By: ----- %A. ,City Att ey print name ITS: (circle one)Secretary/Chief Financial Offeer/Asst. Date Secretary—Treasurer RECEIVE AND FILE: 44,00t, Zi6? /224� City Clerk Date 20-9175240693 2 COUNTERPART 2. 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 J)eCCa,/x:�2 ,� oZ , 2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Disabled Veteran Modular Buildings California By: Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/PresidentfVice President AND APPROVED AS TO FORM: By: � U12L, City Att ey print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer Date RECEIVE AND FILE: City Clerk Date COUNTERPART 20-9175/240693 2 AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DISABLED VETERAN MODULAR BUILDINGS FOR DISASSEMBLE,TRANSPORT, REASSAMBLE AND PURCHASE OF A USED TRAILER FOR THE HOMELESS NAVIGATION CENTER 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 DISABLED VETERAN MODULAR BUILDINGS, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, - dated September 29, 2020 entitled"Professional Services Contract Between the City of Huntington Beach and DISABLED VETERAN MODULAR BUILDINGS for Disassemble, Transport, Reassemble and Purchase of a Used Trailer for the Homeless Navigation Center 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: 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 - 20-9016/236025 1 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. 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 20-9016/236025 2 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, 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 20-9016/236025 3 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. 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. 20-9016/236025 4 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 Minority Business Development Agency of the Department of Commerce. 20-9016/236025 5 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. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 20-9016/236025 6 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 4.7- , 2020. (SIGNATURES ON SEPARATE PAGE) 20-9016/236025 7 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of DISABLED VETERAN MODULAR California BUILD S By: Director/Chief Jose A. De Leon (Pursuant To HBMC§ 3.100) Jo tprint name ITS: (circle one) ident/Vicc President APPROVED AS TO FORM: Sole Proprietor A By: _ qa City Attu t iey print name Date ITS: (circle one)SecrctaryiChief Financial OfficerlAsst. Secretary—Treasuret RECEIVE AND FILE: City Clerk Date COUNTE"ART 20-9016/236025 t3 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of DISABLED VETERAN MODULAR California BUILDINGS By: Director/Chief (Pursuant To HBMC§3 3./00) print name ITS: (circle one)Chainnan/PresidentNice President APPROVED AS TO FORM: AND By: (Z. City Atto ey print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer RECEIVE AND FILE: 'L City Clerk Date COUNTERPART 20-90161236025 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DISABLED VETERAN MODULAR BUILDINGS FOR DISASSEMBLE, TRANSPORT, REASSAMBLE AND PURCHASE OF A USED TRAILER FOR THE HOMELESS NAVIGATION CENTER THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Disabled Veteran Modular Buildings., a California Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of disassembling, transporting and reassembling trailers. r B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Jose Deleon, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 20-9006/234960 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit`B." The total sum to be expended under this Agreement, shall not exceed Two Hundred Sixty Seven Thousand Seven Hundred and Seven Dollars ($267,707). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit`B." 4. Term Time is of he essence of this Agreement. The services of Contractor are to commence Q oWle, or as soon as practicable after the execution of this Agreement by City (the `Commencement Date") and terminate three (3) years after commencement date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 20-9006/234960 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 20-9006/234960 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 20-9006/234960 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 20-9006/234960 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 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 below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Disabled Veteran Modular Buildings Attn: Ken Dills Attn: Jose Deleon 2000 Main Street 5736 Steve Street Huntington Beach, CA 92648 Jurupa Valley, CA 92509 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20-9006/234960 6 21. 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. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 20-9006/234960 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20-9006/234960 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20-9006/234960 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of DISABLED VETERAN MODULAR California BUILDI G , W- By: C anager //Jose A. De Leon print came INIT[k7ED AND APPRO ED: IT (circle one n/PresidentNice President Managing Owner Director of Public Works APPROVED AS TO FORM: By: print name '3oCity Attorney �l ITS: (circle one)Secretary/Chief financial Officer/Asst. Secretary—Treasurer Date .--_— RECEIVE AND FILE: City Clerk Date 20-9000/234960 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Transport and set up of trailers for the Homeless Navigation Center. Also purchase transport and set up of a used trailer B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: Disassemble, transport and reassemble trailers from Huntington Beach School District site. C. CITY'S DUTIES AND RESPONSIBILITIES: Coordinate work with other trades on site D. WORK PROGRAM/PROJECT SCHEDULE: September25, 2020 to December 31, 2020 EXHIBIT B Disabled Veteran Modular Buildings Estimate 5736 Steve Street -- - Jurupa Valley,CA 92509 Date Estimate# 951.795.5920 www.dvmodular.com 9/10/2020 20-153 Name/Address Ship To City of Huntington Beach City of Huntington Beach Gabriel Munoz-Morris Gabriel Munoz-Morris 17581 Gothard Street 17631 Cameron Lane Huntington Beach,CA 92647 Huntington Beach,CA 92648 805.712.8080 714.375.8444 Terms Rep See Notes JDL Description Qty Rate Total Customer Owned 40'x24'Classroom Modular Building Knockdown 1 4,200.00 4,200.00 Close Up Material Per Opening for Transport(Plastic,Nylon String, 2 420.00 840.00 1"x2"Wood,Metal Straps,Shipping Walls) Translift Required for Knockdown 1 650.00 650.00 Delivery Freight-40'x12'Sections Each Including Transport 2 930.00 1,860.00 Permits From Sowers Park Customer Owned 40'x24'Modular Building Set Up on C.P.Seismic 1 9,985.00 9,985.00 Pier Non-Penetrating Foundation Wood Skirting Installation Per LF 128 28.00 3,584.00 Site Specific C.P.Seismic Pier Non-Penetrating Foundation Plans 1 1,098.00 1,098.00 Translift Required for Set Up 1 650.00 650.00 NEW 36'and Under ADA Switchback Ramp with 30'x7'Common 1 32,000.00 32,000.00 Deck Sale ADA Ramp Delivery&Installation 1 5,265.00 5,265.00 Customer Owned 40'x24'Classroom Modular Building Knockdown 1 4,200.00 4,200.00 Close Up Material Per Opening for Transport(Plastic,Nylon String, 2 420.00 840.00 1"x2"Wood,Metal Straps,Shipping Walls) Translift Required for Knockdown 1 650.00 650.00 Delivery Freight-40'x12'Sections Each Including Transport 2 930.00 1,860.00 Permits From Sowers Park Customer Owned 40'x24'Modular Building Set Up on C.P.Seismic 1 9,985.00 9,985.00 Pier Non-Penetrating Foundation Wood Skirting Installation Per LF 128 28.00 3,584.00 Translift Required for Set Up 1 650.00 650.00 NEW 30'and Under ADA Straight Ramp Sale 0 7,540.00 0.00 ADA Ramp Delivery&Installation 0 2,160.00 0.00 Customer Owned 40'x24'Classroom Modular Building Knockdown 1 4,200.00 4,200.00 Close Up Material Per Opening for Transport(Plastic,Nylon String, 2 420.00 840.00 1"x2"Wood,Metal Straps,Shipping Walls) Translift Required for Knockdown 1 650.00 650.00 We appreciate the opportunity and look forward to working together! Total Signature Page 1 EXHIBIT B Disabled Veteran Modular Buildings Estimate 5736 Steve Street Jurupa Valley,CA 92509 Date Estimate# 951.795.5920 www.dvniodular.com 9/10/2020 20-153 Name/Address Ship To City of Huntington Beach City of Huntington Beach Gabriel Munoz-Morris Gabriel Munoz-Morris 17581 Gothard Street 17631 Cameron Lane Huntington Beach,CA 92647 Huntington Beach,CA 92648 805.712.8080 714.375.8444 Terms Rep See Notes JDL Description Qty Rate Total Delivery Freight-40'xl2'Sections Each Including Transport 2 930.00 1,860.00 Permits From Sowers Park Customer Owned 40'x24'Modular Building Set Up on C.P.Seismic 1 9,985.00 9,985.00 Pier Non-Penetrating Foundation Wood Skirting Installation Per LF 128 28.00 3,584.00 Translift Required for Set Up 1 650.00 650.00 NEW 36'and Under ADA Switchback Ramp Sale 1 16,000.00 16,000.00 ADA Ramp Delivery&Installation 1 2,160.00 2,160.00 4'Passthrough Hallway between Two 44x24 Classrooms 1 11,500.00 11,500.00 Electrical Disconnects at Isaac Sowers Middle School Including:L 1 6,800.00 6,800.00 &M to demo out existing subfeeders and grounding to 3ea cl; rooms;L s.M to demo out existing sublccdcrs and grounding to 3ea classrooms;L&M to cut feeder conduits off below grade;L &M to place 12 x 15" "cristie"type handhole over above L&M to place 12 x 15" "cristie"type handhole over above;L&M to disconnect modline electrical crossover connections;L&M to disconnect modline electrical crossover connections;L&M demo out existing LV systems at 3ea classrooms;L&M demo out existing LV systems at 3ea classrooms;L&M to remove existing cabling and dispose in customer dumpster;L&M to remove existing cabling and dispose in customer dumpster L&M to cut conduits off below grade;L&M to place 12 x IS" "cristie"type handhole over above Exclusions: 1.)Permits,Engineering and Utility fees,(if applicable), not included;2.)Christie boxes are concrete handholes,12"x 15", with concrete non traffic covers.Grade to be determined by others; 3.)Fire Alarm system may need to be de-programmed at head end. Not in scope.We will safe off and weatherproof cut wires in the new pull boxes We appreciate the opportunity and look forward to working together! Total Signature Page 2 EXHIBIT B Disabled Veteran Modular Buildings Estimate 5736 Steve Street Jurupa Valley,CA 92509 Date Estimate# 951.795.5920 www.dvmodular.com 9/10/2020 20-153 Name/Address Ship To City of Huntington Beach City of Huntington Beach Gabriel Munoz-Morris Gabriel Munoz-Morris 17581 Gothard Street 17631 Cameron Lane Huntington Beach,CA 92647 Huntington Beach,CA 92648 805.712.8080 714.375.8444 Terms Rep See Notes JDL Description Qty Rate Total Notes: 1.Davis Bacon Prevailing Wage Labor Quote with Certified Payroll 2.Excludes PLA/PSA or Apprentices 3.Reconnections including Fire,Life&Safety by others 4.Site grading and utilities preparation by others 5.Payment Terms"Due Upon Completion" 6.Late Payments are subject to 10%Late Fees 7.Anything not covered in this quote is excluded 8.All Plan Checks,Architectural Drawings,Permits and Fees are by others 9.This is a Customer Owned Relocation Quote for one 40'x24'DSA Classroom Modular Building for City of Huntington Beach within 25 mile radius 10.Ramp Manufacturing Lead Time is 2 Weeks from time of official NTP,Signed Agreement and PO Issued We appreciate the opportunity and look forward to working together! Total $140,130.00 Approving Authority Nance: Title: Signature Date: Page 3 EXHIBIT B Disabled Veteran Modular Buildings Estimate 5736 Steve Street — M"� Jurupa Valley,CA 92509 Date Estimate# 951.795.5920 www.dvmodular.com 9/10/2020 20-154 Name/Address Ship To City of Huntington Beach City of Huntington Beach Gabriel Munoz-Morris Gabriel Munoz-Morris 17581 Gothard Street 17631 Cameron Lane Huntington Beach,CA 92647 Huntington Beach,CA 92648 805.712.8080 714.375.8444 Terms Rep See Notes JDL Description Qty Rate Total USED Refurbished 40'x24'Perimeter France DSA Modular Building 1 41,900.00 41,900.00 Sale NEW 36'and Under ADA Switcliback Ramp Sale 1 16,000.00 16,000.00 Delivery Freight-40'x12'Sections Each Including Transport 2 1,100.00 2,200.00 Permits Customer Owned 40'x24'Modular Building Set Up on C.P.Seismic 1 9,985.00 9,985.00 Pier Non-Penetrating Foundation Wood Skirting Installation Per LF 128 28.00 3,584.00 ADA Ramp Delivery&Installation 1 2,160.00 2,160.00 Site Specific C.P.Seismic Pier Non-Penetrating Foundation Plans 1 1,098.00 1,098.00 Translift Required for Set Up 1 650.00 650.00 Notes: 1.Davis Bacon Prevailing Wage Labor Quote with Certified Payroll ' 2.Excludes PLA/PSA or Apprentices 3.Utilities Disconnection and Reconnections including Fire,Life& Safety by others 4.Site grading and utilities preparation by others 5.Payment Terms"50%Downpayment Due Upfront,Remaining Upon Completion" 6.Late Payments are subject to 10%Late Fees 7.Anything not covered in this quote is excluded 8.All Plan Checks,Architectural Drawings,Permits and Fees are by others 9.This is a USED Refurbished Sale Quote for one 40'x24'DSA Classroom Modular Building for City of Huntington Beach 10.Ramp Manufacturing Lead Time is 2 Weeks from time of official NTP,Signed Agreement and PO Issued We appreciate the opportunity and look forward to working together! Total $77,577.00 Approving Authority Name: Title: Signature Date: DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/25/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Angel Cole Precision Insurance S Financial Services, Inc. PHON (800)358-3073 AX Exfl� AIC,No: (618)548-9021 2625 South Broadway ADORess: angel@precisiontrucks.com PO BOX 1224 INSURERS AFFORDING COVERAGE NAIC# Salem IL 62881 INSURER A:ASS ociated Industries Insurance Co. 23140 INSURED Jose Antonio De Leon INSURERB:WeSco Insurance Company 25011 DBA: Disabled Veteran Modular Buildings INSURER C: 5736 Steve Street INSURER D: INSURER E: Jurupa Valley CA 92509 INSURER F: COVERAGES CERTIFICATE NUMBER:2020 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM POLICY E LTR IDD/YYYY) (MMIDDIYYYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RNTE A CLAIMS-MADE Fil OCCUR PREMISES TO EaEo cur0rence $ 100,000 X AES1057721 5/21/2020 5/21/2021 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LO PRODUCTS-COMP/OP AGG 2,000,000POLICY ❑ PRO OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED AUTOS AUTOS X WPP1866194 5/21/2020 5/21/2021 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A In-Transit Cargo AES1057722 5/21/2020 5/21/2021 Limit 100,000 Deductible 1,000 APPROVE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) _ City of Huntington Beach, its officers, elected or appointed officials, employee!;ag n d vo teers are listed as additional insured. j-�gICHAEL E.-- GATES -- CM ATTORNEY CITY OF NTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 200 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE /��a�i, gel Cole/ANGEL _C oof _ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NIQIIVIBER AES1 057721-00 CGMMERCIAL.GEN,ERAI.LIABILITY CG 2016 0413 THIS EN"DORSEMENT CHAN1GES THE POLICY, PLEAS E'REAII IT CAREFULLY. ADDITIONAL 1'NSURE© — DESIGNATED PERSON N©R ORGANIZATION ZATION This endorsement modifies insurance provided under the4bltowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Narne Of Additionat Insured Personti)Or-Qrganizatlari{sj. City of Huntington Beach,its officers,elected or appointed officials,employees, agents and volunteers 200 Main Street,Huntington Beach,CA 92648 Informa'tibri'required to txam fete t sis Scl lute; `rat shown above. gill be shown Ira the C}eclarations. _. A. Section 11 = Who-Is An insured is amended.to, B.;With respect to the insurance ;afforded to these include as an add'itionat insured the per�son(Is) or additional; insureds, ttie following is added o organization(s) shown 'in the_Schedule,, but ogly` Section III—Limits Of Insurance:: with:respect to liability for"Bodily:injury", "property if coverage provided to the additional Insured 'is=- damiage" or "person4l and "advertising injury„ required"by a'oontract or agreerrient, the:roost we caused; M. whole` or an part;" by `your ads or wilt' omissions or the acts or ornissioris;of those acting lay on behhalf of the additional insured is the z n your behalf amount of insurance: 1, to the erfarrnanca of oaar on o 1. Required by the cones or agreements or p y operations; z Available under the applicable Limits of 2. In connection iMth your premises awned,by or` ;Insurance shown in Declarations;' tented to you. whichever is less. However. This endorsement shall not increase the: . The insurance afforded to such additional; applicable! Lirmits` of Insurance shown in rile insured only applies'to the extent permitted by Declarations. law:and 2. If,cxavera�ge provided'to the additional insur d'is iequired by a c riteact or agreement, the: insurance,afforded Ito siicti additi-,at insured will not tie broader"than that ivlisch you are requited by ,tie contract or agreerrterit to provide for such additional insured_ CG 20 26 o413' 6 Insurance Services Office.Inc..20'12 Page,,'! of Wesco Insurance Company Policy Number: . 800 Superior Avenue East, 21 st Floor WPP1866194 00 ' Cleveland, OH 44114 Named Insured: Jose Antonio De Leon COMMERCIAL COMMON POLICY DECLARATIONS POLICY INTEREST SCHEDULE ADDITIONAL INSURED—DESIGNATED PERSON ADDITIONAL INSURED—DESIGNATED PERSON CA9901690714 CA9901690714 ARB, Inc William Scotsman, Inc 26000 Commercentre Dr 901 S. Bond Street,Ste.600 Lake Forest, CA 92630 Baltimore, MD 21231 ADDITIONAL INSURED—DESIGNATED PERSON ADDITIONAL INSURED—DESIGNATED PERSON CA9901690714 CA9901690714 McGrath RentCorp dba Mobile Modular Management Corp. City of Laguna Niguel 11450 Mission Blvd 27801 La Paz Road Mira Loma, CA 91752 Laguna Niguel, CA 92677 WAIVER OF SUBROGATION—NAMED INTERESTS ADDITIONAL INSURED —DESIGNATED PERSON CA9901890514 CA9901690714 City of Laguna Niguel City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 200 Main Street,Huntington Beach,CA 92648 Issued Date: 5/22/2020 ILPISCH 0414 Page 7 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED.- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Additional Insured: City of Huntington Beach,its officers,elected or appointed officials,employees, agents and volunteers Address: 200 Main Street,Huntington Beach C4k 92648 SECTION 11—LIABILITY is amended as follows: Who Is An Insured is changed to include as an insured ("insured")the person or organization named in the Schedule, but only to the extent of their liability arising out of your operations while providing service for the additional insured. CA990169 0714 A R CERTIFICATE OF LIABILITY INSURANCE DATE(RihVODIYYYY) s/25/2020 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 CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAFiEx Angel Cole Precision Insurance & Financial Services, Inc. PRONE (800)358-3073 ac,No: (ste)s{e-soxl 2625 South Broadway ADDRESS:angel@precisiontrucks.com PO BOX 1224 INSURERS AFFORDING COVERAGE NAIC# Salem IL 62881 INSURERA:Associated Industries Insurance Co. 23140 INSURED Jose Antonio De Leon INSURERB:Wesco Insurance Company 25011 DBA: Disabled Veteran Modular Buildings INSURERC• 5736 Steve Street INSURERD• INSURER E: Jurupa Valley CA 92509 INSURERF: COVERAGES CERTIFICATE NUMBER:2020 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 OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICYNUMBER MM/OINYYYY) (MMIDONYYYI UNITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 UAt s A TO RENTED 100,000 A CLAIMS MADE a OCCUR PREMISES Ea Dee ante X AES1057721 5/21/2020 5/2112022 MED EXP(Airy orta person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENLAGGR£GATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY ACT �LOC PRODUCTS•COMPIOP AGG $ 2,000,000 OTHER: $ .AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea acddenl B ANYAUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED AUTOS AUTOS X HPP1865184 5/21/2020 5/21/2021 .BODILY INJURY(Pet accident) $ NOWOtYNEO PROPERTY DAMAGE $ ' HIRED AUTOS AUTOS Par accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESS LIA8 HCLAIMS I.SADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER OTH- ANDEMPLOYERS'LIABIUTY YIN TW E ANY PROPRIETORIPARTNERIEXECUTIVE El NIAE.L EACH ACCIDENT $ OFFICERMEMBER'EXCLUDED? ---" (Mandatoryln NH) E.L DISEASE-EA EMPLOYEE S It yes.describe under DESCRIPTION OF OPERATIONS below E.LOWNSE-POLICYLIMIT $ A In—Transit Cargo AES1057722 5/21/2020 5/21/2021 URA 100,000 Deducible, 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(ACORD 101.Additional Remarks Schedule,maybe attached if more space Is required) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are listed as additional insured. APPROVED AS TO FORM l.✓ r MICHAEL E,GATES CERTIFICATE HOLDER CANCELLATION CITY OF ifillu- SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington. Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 200 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Angel Cole/ANGEL, ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(2at401) Wesco Insurance Company Policy Number: . 800 Superior Avenue East,21st Floor WPP186619400 Cleveland,OH 44114 Named Insured- Jose Antonio De Leon COMMERCIAL COMMON POLICY DECLARATIONS POLICY INTEREST SCHEDULE ADDITIONAL INSURED—DESIGNATED PERSON ADDITIONAL INSURED—DESIGNATED PERSON CA9901690714 CA9901690714 ARB, Inc William Scotsman,Inc_ 26000 Commercentre Dr 901 S.Bond Street,Ste.600 Lake Forest,CA 92630 Baltimore,MD 21231 ADDITIONAL INSURED—DESIGNATED PERSON ADDITIONAL INSURED—DESIGNATED PERSON CA9901690714 CA9901690714 McGrath RentCorp dba Mobile Modular Management Corp. City of Laguna Niguel 11450 Mission Blvd 27801;La Paz Road Mira Loma,CA 91752 Laguna Niguel,CA 92677 WAIVER OF SUBROGATION—NAMED INTERESTS ADDITIONAL INSURED —DESIGNATED PERSON CA9901890514 CA9901690714 City of Laguna Niguel City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 200 Main Street,Huntington Beach,CA 92648 Issued Date:5/22/2020 ILPISCH 0414 Page 7 of 8 f?OLICY N-PNIRFER:AES1057721-00 tomMtROAl `3ENERAL t_1A'OuTT CG 20 2ti 0413. THIS ENbORSEM1aNT CHANGES-THE P9LICY PLEiASE'READ IT CAREFULLIi':_ ADDIT ANAL INURED DESIGNATED PERSON OR ORGANIZATION Tfifs•endorsenient modifies(nsUrance provided underthb'16116Wng: COMMERCIAL-GENERAL LIABILITY COVERAGE PART SC}1EDt3LE' Name'Of Additionat1-wi ed persons}.Or Organ lratian(s): City of Huntington Beach,Its officers,elected or appointed officials,employees, agents and volunteers 200 Main Street,Huntington Beach,CA 92648 Information required to complete this Schedule;if not shown above,will be shown in the D_ectarations. A Section All --Who fs An:Insured,_is.amended:to f3.'Wil respect to the imu;ante afforded ao these rnclude as an additional insured the perspn{s} or. addrbonal, insureds; the foilowrng Is added to. oiganization.(s}'shi5wh fn ffie.Sohedule;:biit;onfj6. Section 111 -Llmfts Of tn9uraince: with respecC to liability for"tiodityinjury, praperty If'coverage'provideii td itfe additional frisiired is; da`niage" or persano and d'Vo ising iri#ury �Qqurreti b' a ciontract or agreerrient,fhe ghost V-e' caused, if Vahole'.or. rn part by'your acts �br �Yili pay on behalf of the additipnal Insured i.s the: omissions or the,�_acts.or omfsSrons::of,t?tose;,acting ariiount.oflnsurance: on your behalf t:-to the erfbrmarice bf pug on bin o eralions;. 1-.Required by the contract or agreement; ,. 2. Available under 1he .applicable UrIfIts. of tnsurange shown In th8 Der�laralipns 2.-In connection`with your:premises biWnerl by.or virhjct�evef is ie's. ; rented to you. _ _ _ However: This endorsement shall not: increase; the: 1.:The' lrisuraifice afforded to such additioriaf Declaration applicable::Limits' of in§uFanCe`shown 9tt the' insured only epplibs; the extejit permitted tiy. s: iaw:`;and 2_if 99ygrage prosided to the additional Insured is required: by a;.cont[act or ,agteemer;t,. the insurance Aff6tdbd to Such-additional insured will hot'bs broader.4h n that;:"icl ,-You are: requif.6d. by -the Contract Or .agreeemen1t to, provide for siict�.adti ttonal in*smto .. GG 20 204 i3. 0 Insurance Services Office;Inc,2012 Page.T of:1.' POLICY NUMBER:AES1057721-00 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 04 13 0 Insurance Services Office,Inc.,2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY; ADDITIONAL INSURED.- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Additional Insured: City of Huntington Beach,Its officers,elected or appointed officials,employe S, agents and volunteers Address: 200 Main Street Huntington Beach CA 92648 SECTION 11—LIABILITY is amended as follows: Who Is An Insured is changed to include as an insured("Insured")the person or organization named in the Schedule,but only to the extent of their liability arising ou#of your operations while providing service for the additional insured. CA990169 0714 CITY OF HUNTINGTON BEACH RECEIVED SAP 2 4 2020 Rider to Emergency Requisition `• � Finance Department Emergency Purchase Justification DATE: 9/23/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Transport of Trailers- Navigation Center SOURCE: Disabled Veteran Modular Buildings THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: See attached. UTHORIZATION Depa ment Head (3.03. 0 (a)) D6tg °►t�'t[ Chief Finan i I O icer(3.02.190 (b)) Date jo-�City Manager D to Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently, the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's "Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" ( https://w-ww.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare- respond.html ) and HUD guidance "Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness"( https:Hfiles.hudexchange.info/public/resources/documents/Specific-Considerations-for-Public- Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19(SIMPLIFIED ACQUISITION THRESHOLD) TO COMPLETE'WHEN°PURCHASING GOODS_AND/OR SERVICES <$250,000 DEPARTMENT Public Works PREPARER Ken Dills DATE 9/23/20 DEPT HEAD Sean Crumby DESCRIBE PURPOSE OF REQUEST:(Pleased es tribe how this request�s relbted to the COVID-19 event) Disassembly,Transport and Reassembly of trailers for the Cameron Lane Homeless Navigation Center The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently,the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's "Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" ( https://www.cdc.Qov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare-respond.html ) and HUD guidance "Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( https://files.hudexchange.info/public/resources/documents/Speciftc-Considerations-for-Public-Health- Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). 1. JDE Account Number:24540001.82800 2. Method of Procurement: What procurement method was used? ❑ Micro-Purchase/P-Card (<$10,000) X Small Purchase($10,000-$249,999) ❑ Sole Source(Unique or public emergency.The justification for using this method should be thorough and detailed to support the organization's decision—please attach justification to this document if sole sourcing is used) 3. Contractor suspension or debarment check-Document that the selected contractor is not suspended or debarred by performing an exclusion search at https://www.sam.gov/SAM/pages/public/searchRecords/search.isf and including the search results. (Documents the search by selecting "Save PDF". The resulting report will include the search terms and results. Explain any results for similar names that showed up in the search. Your funding source may require you to check additional lists.) Is a copy of the suspension/debarment check attached to this document? (REQUIRED) X Yes Are copies of the quotes obtained attached to this document (applicable for purchases$10,000 and above)? ❑ Yes X No ❑ N/A Emergency Procurement per Municipal Code 3.02.190(b). SAM Search Results List of records matching your search for Search Term : Disabled Veteran Modular Buildings* Record Status: Active ENTITY-- De Leon, Jose A Status: Active DUNS: 116914518 +4: CAGE Code: 87JF9 DoDAAC: Expiration Date: 12/01/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 5736 Steve St City: Jurupa Valley State/Province: CALIFORNIA ZIP Code: 92509-4702 Country: UNITED STATES September 25,2020 2:36 PM https://www.sam.gov Page 1 of 1 Printed on: 11/18/2019 5:17:15 PM To verify most current certification status go to: https://www.caleprocure.ca.gov i3 rm S r E r, ,L s E R'i C Office of Small Business & DVBE Services Certification ID: 2016490 Email Address: Legal Business Name: jose.deleon3@hotmail.com Jose Antonio De Leon Business Web Page: Doing Business As(DBA) Name 1: Business Phone Number: Disabled Veteran Modular Buildings 951/795-5920 Doing Business As (DBA) Name 2: Business Fax Number: Address: Business Types: 5736 Steve Street Service Jurupa Valley CA 92509 Certification Type Status From To ......... _. _._ ...... .......-_.-_. ................. DVBE Approved 11/18/2019 11/30/2021 ......... SB(Micro) Approved 09/30/2019 11/30/2021 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSHELPaDGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 DEPARTMENT OF VETERANS AFFAIRS KA Center for Verification and Evaluation Washington DC 20420 3/28/2019 In Reply Refer To: OOVE Mr. Jose A. De Leon Jose A De Leon DBA: Disabled Veteran Modular Buildings DUNS: 116914518 5736 Steve Street Jurupa Valley, CA 92509 Dear Mr. De Leon: On behalf of the U.S. Department of Veterans Affairs (VA), Center for Verification and Evaluation (CVE), I am writing to inform you that.Jose A De Leon DBA:Disabled Veteran Modular Buildings (Jose A De Leon) has been verified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) and added to the.Vendor Information Pages (VIP) at https://www.vip_.vetbiz.govl. Jose A De Leon will be eligible to participate in Veterans First Contracting Program opportunities with VA. This verification is valid for three (3) years from the date of this letter.. Please retain a copy of this letter to confirm Jose A De Leon's continued program eligibility in accordance with 38 Code of Federal Regulations (CFR)§ 74.12. You may reapply 120 days prior to your expiration date by logging in to your VIP profile. To promote Jose A De Leon's verified status, you may use the following link to download the logo for use on marketing materials and business cards: httpa://www.vetbiz.qov/cve comp feted s.lp . In addition, please access the following link for information on the next steps and opportunities for verified businesses: http://www.va.gov/osdbulverification/whats Next.asp. To ensure that Jose A De Leon is correctly listed in the Vendor Information Pages, check.lose A De Leon's profile for the verified logo. Please notify us if the logo is not present within 72 hours of receipt of this letter. While CVE has confirmed that Jose A De Leon is presently, as of the issuance of this notice, in compliance with the regulation, Jose A De Leon must inform CVE of any changes or other circumstances that would adversely affect its eligibility. Eligibility changes not reported to.CVE within 60 days could result in a referral to the Office of inspector General (OIG), a referral to the Debarment and Suspension Committee, and "World Class Professionals Enabling Veteran Business Opportunities by Protecting the Veteran Advantage-lane Vet at a Time" EVAL.T3.TEMPL.0002 Page 1 of Page 2 Mr. Jose A. De Leon ,the initiation of cancellation proceedings—all of which could result in Jose A De Leon being removed from the VIP Verification Program, Please be advised all verified businesses may be required to participate in one or more post-verification audits at CVE's discretion. Additionally, this letter and other information pertaining to Jose A De Leon's verification application may be subject to Freedom of Information Act (FOIA) requests, However, FOIA disclosures include exceptions regarding the personal privacy of individuals, and VA policy similarly provides limitations on the release of individual records, If Jose A De Leon receives a negative size determination from the U.S. Small Business Administration (SBA), CVE must act in accordance with 38 CFR § 74.2(e). Also note, if at any time Jose A.De Leon discovers that it fails to meet the size standards for any NAILS 1 Code(s) listed on its VIP profile, CVE requires such NAILS Code(s) be removed within five (5) business days. If the NAICS Codes) are not removed within the allotted five (5) business days, CVE may request SBA conduct a formal size determination. In addition, CVE may initiate a referral to OIG, a referral to the Debarment and Suspension Committee, and pursue cancellation proceedings. All of the aforementioned referrals and procedures could result in Jose A De Leon being removed from the VIP Verification Program. Thank you for your service to our country and for continuing to serve America through small business ownership. Sincerely, wl�x� Thomas McGrath Director Center.for Verification and Evaluation EVALT3,TEMPL.0002 Page 2 of 2