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HomeMy WebLinkAboutSagecrest Planning and Environmental, LLC - 2021-03-31 g4bleVi/J-1.07,-0 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAGECREST PLANNING AND ENVIRONMENTAL, INC. FOR PROFESSIONAL PLANNING SERVICES 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 SAGECREST PLANNING AND ENVIRONMENTAL, INC., a California Corporation, hereinafter referred to as"Consultant." WHEREAS, City and Consultant are parties to that.certain agreement, dated March 31, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Sagecrest Planning and Environmental, Inc., for Professional Planning Services"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 at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. 2. TERM The term of the Agreement is extended for one additional year until March 30, 2025. 24-14219/333324 1 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on_ March 29, , 2024. SAGECREST PLANNING AND CITY OF HUNTINGTON BEACH, a ENVIRONMENTAL, INC. municipal corporation of the State of California By: 1r print e Director of Community Development ITS: (circle one)Chairman President Vice President REVIEWED AND APPROVED: AND By: r .r itll` rig g L ? ` City Manager !r.• • e ITS: (circle on:l Secretary hief Financial APPROVED AS TO FORM: Officer/Asst.Sec - : ' easurer ,NNuutinsi P`_�,G AND � `,�•`���QORqiN2, City Attorney '�•.,;; ej-�F , '' COUNTERPART ��'' sImw•" 24-14219/333324 2 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on March 29 , 2024. SAGECREST PLANNING AND CITY OF HUNTINGTON BEACH, a ENVIRONMENTAL, INC. municipal corporation of the State of California By: print name Di ec r of Community Development ITS: (circle one)Chairman/President/Vice President REVIEWED AND APPROVED: AND By: ity Manager print name ITS: (circle one) Secretary/Chief Financial APPROVED AS FORM: Officer/Asst. Secretary-Treasurer C. Attorney COUNTERPART Receive and Filebig/( )) -- j14,, `A LetiZZattd City Clerk 4/41-2/.I& 24-14219/333324 2 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: Planning Manager- $180.00 Principal Planner- $140.00 Senior Planner- $120.00 Associate Planner- $100.00 Assistant Planner- $80.00 Planning Aide - $70.00 Minutes Clerk/Planning Administration- $60.00 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. 24-14219/333324 3 Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 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. 24-14219/333324 4 ^ ® DATE(MMIDDM/Yl) A Q CERTIFICATE OF LIABILITY INSURANCE 6/1/2023 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(les)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 endorsement(s). PRODUCER CONTACT NAME: Rebecca Beebe AssuredPartners Design Professionals Insurance Services, LLC PHlA/ No.E><t1;360 626-2957 inlc.Ner.360-626-2957 19689 7th Ave NE,Ste 183,PMB#369 E-MAIL Poulsbo WA 98370 ADOREss: Rebecca.Beebe@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Travelers Property Casualty Company of America 25674 INSURED SAGEPLA-01 INSURERS:Beazley Insurance Company Inc 37540 Sagecrest Planning+Environmental 27128 Paseo Espada Suite 1524 INSURER C: San Juan Capistrano CA 92675 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:248499808 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MMIODIYYYYI (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6805J742889 6/1/2023 6/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X PE LOC PRODUCTS•COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y BA8R626254 6/1/2023 6/1/2024 COMBINED SINGLE LIMITfEa Widen!) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY ^ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S A WORKERS COMPENSATION Y UB5J743745 6/1/2023 6/1/2024 X STATUTE EORH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORJPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 It yes,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Llab,Clalms Made V1EEB6230601 6/1/2023 6/1/2024 Per Claim 2,000,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The certificate holder is an additional insured per the attached. The City of Huntington Beach Is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contrac .r agreement regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance ispOta(X,i(}�Lyrpr t 2 grIt,-r in ,nce maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subr tlthS'dfSpfitrs ta'fh dn'(ftl al • al Liability, Auto Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTH RUED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • Policy Number:6805J742889 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury"or"property damage" caused by"your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured,and then "property damage"or"personal injury";and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury"or damage is caused by ads or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance,whether primary,excess,contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However,if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e, This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance,provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs;and "professional services". (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,With its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4, The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a"written contract requiring insurance"with that person,or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect;and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs,or the"personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured" The following is added to Paragraph A.1., Who Is under the Who Is An Insured provision contained An Insured, of SECTION II—COVERED AUTOS in Section II. LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1• The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier, name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A,1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (I) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither ,you nor any other involved ing a covered"auto"you don't own, hire or borrow Insured will make any settlement without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II —COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II —COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph 8.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such uppayments endsb when we jurisdiction while anytrade sanction, em- have used the applicable limit of insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability corn- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Property against any person or organization to the ex- Personaltent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-5.1742889-18-47 ISSUE DATE: 08/30/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 PROJECTILOCATION OF COVERED OPERATIONS: CITY OF HUNTINGTON BEACH PROVISIONS 1. The following is added to SECTION II —WHO IS e. This insurance does not apply to the AN INSURED: rendering of or failure to render any The person or organization shown in the "professional services". Schedule above is an additional insured on this f. In the event that the Limits of Insurance of the Coverage Part,but: Coverage Part shown in the Declarations exceed the limits of liability required by the a. Only with respect to liability for"bodily injury", "written contract requiring insurance", the "property damage"or"personal injury";and insurance provided to the additional insured b. If, and only to the extent that, the injury or shall be limited to the limits of liability required damage is caused by acts or omissions of by that "written contract requiring insurance". you or your subcontractor in the performance This endorsement does not increase the of"your work" to which the "written contract limits of insurance described in Section Ill — requiring insurance" applies, or in connection Limits Of Insurance. with premises owned by or rented to you. g. This insurance does not apply to "bodily The person or organization does not qualify as an injury" or"property damage" caused by"your additional insured: work" and included in the "products- completed operations hazard" unless the c. With respect to the independent acts or "written contract requiring insurance" omissions of such person or organization;or specifically requires you to provide such d. For "bodily injury", "property damage" or coverage for that additional insured,and then "personal injury" for which such person or the insurance provided to that additional organization has assumed liability in a insured applies only to such "bodily injury" or contract or agreement. "property damage"that occurs before the end of the period of time for which the "written The insurance provided to such additional insured contract requiring insurance" requires you to is limited as follows: provide such coverage or the end of the policy period,whichever is earlier. CG D3 82 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 2. The following is added to Paragraph 4.a. of 3. The following is added to Paragraph 8., Transfer SECTION IV — COMMERCIAL GENERAL Of Rights Of Recovery Against Others To Us, • LIABILITY CONDITIONS: of SECTION 1V — COMMERCIAL GENERAL The insurance provided to the additional insured LIABILITY CONDITIONS: shown in the Schedule above is excess over any We waive any right of recovery we may have valid and collectible other insurance, whether against the additional insured shown in the primary,excess,contingent or on any other basis, Schedule above because of payments we make that is available to the additional insured for a loss for"bodily injury", "property damage"or"personal we cover. However, if you specifically agree in the injury" arising out of "your work" on or for the "written contract requiring insurance" that this project, or at the location, shown in the Schedule insurance provided to the additional insured above, performed by you or on your behalf, done under this Coverage Part must apply on a primary under a"written contract requiring insurance"with basis or a primary and non-contributory basis,this that person or organization. We waive this right only where you have agreed to do so as part of insurance is primary to other insurance available the "written contract requiring insurance" with to the additional insured which covers that person such person or organization signed by you or organization as a named insured for such loss, before, and in effect when, the "bodily injury" or and we will not share with the other insurance, "property damage"occurs,or the"personal injury" provided that: offense is committed. (1) The "bodily injury" or "property damage" for 4. The following definition is added to the which coverage is sought occurs;and DEFINITIONS Section: (2) The "personal injury" for which coverage is "Written contract requiring insurance" means that sought arises out of an offense committed; part of any written contract with the person or have signed that "written contract organizations shown in the Schedule above, after youg under which you are required to include that requiring insurance". But this insurance provided person or organization as an additional insured to the additional insured still is excess over valid on this Coverage Part, provided that the "bodily and collectible other insurance, whether primary, injury" and "property damage" occurs and the excess, contingent or on any other basis, that is "personal injury" is caused by an offense available to the additional insured when that committed: person or organization is an additional insured a. After you have signed that written contract; under any other insurance. b. While that part of the written contract is in effect;and c. Before the end of the policy period. • Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 82 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAGECREST PLANNING AND ENVIRONMENTAL. INC. FOR PROFESSIONAL PLANNING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "Citv," and SAGECREST PLANNING AND ENVIRONMENTAL, INC, a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated March 31. 2021. entitled '`Professional Services Contract Between the City of Huntington Beach and Sagecrest Planning and Environmental, Inc., for Professional Planning Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and Citv and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, 1 NOW, THEREFORE, it is agreed by City and Consultant as follows: I. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement. City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Sixty Nine Thousand Nine Hundred Dollars ($69,900.00). The additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000.00), for a new contract amount not to exceed Ninety-Nine Thousand Nine Hundred Dollars ($99,900.00). 22-10861/274441 l 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITTIESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on February 15 2022. SAGECREST PLANNING AND CITY OF HUNTINGTON BEACH, a ENVIRONMENTAL, INC. municipal corporation of the State of California By: A 'L E� print name Director of Co munity Development ITS: (circle one)Chaitmata'PresidentNice President AND APPROVED AS ORM: By: print name it ttomey ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer VIEWED AND APPROVED City Manager Receive and File d�l -- ti 'I.Q City Clerk /XZ2`� COUNTERPART 22-10861274441 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on February 15 2022. SAGECREST PLANNING AND CITY OF HUNTINGTON BEACH, a ENVIRONMENTAL, INC. municipal corporation of the State of California B printawne Director of Community Development ITS: (circle one)Chairrna Presider ice President AND APPROVED AS TO FORM: y. v o" r City Attorney AV ITS: (circle one)Secretary ief Financial -Zjce Asst. Secretary-Treasurer REVIEWED AND APPROVED Nu80AND klit. G� City Manager allw% COUNTERPART 22.10961/274441 2 p�J A CERTIFICATE OF LIABILITY INSURANCE 8111/2.021 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(les)must have ADDITIONAL INSURED provisions or be endorsed. .I 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 liou of such endorsoment(s). PRODUCER CONTACT Robyn Catania CA LIC it OK48649 NAME: AssuredPartners of Washington, LLC PHONE IN"Insurance Services HP 360-626-953F� ALc,g/7:360-620-9535 19689 71h Ave NE, Ste 183, Pb18 il369 E MAIL AppRES. robyn.catania@assuredpanners.com Poulsbo WA 98370 LYSUHEH$ AFFOHnINGCOVEHAGF. NAICI INSURER A:Ifavelers Pro2crly Casually Com 1Lany of America 25674 INSURED SAGCP 41 INSURER B:Reazlr. Insurance Company Inc 37540 Sagecrest Planning+Environmental 27128 Pasoo Espada Suite 1524 INSURER c: San Juan Capistrano CA 92675 INSURER o: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:450431857 REVISION NUMBER: THIS IS TO CH.HI IFY 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 N1AY PERTAIN, THE INSURANCE AFFORDED fly THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS. INSR AOOLSU°R POLICY EFF POLICY EAP TR IYPEOFINSIINANCE POLICYNUMBE0. NMIDOrrYYYJ flMMI1)UP(YYYI LIMITS A X CONMENCIALGENURALLIABILNY Y Y 6805J742889 6/112021 6W2022 EACHOCCUHRENCE $2,000,000 IV.LIAnE TOI C011.n--'--'__ AJMS& IAOE M OCCUR E.V.ISF:S Ee occunenwl_ $1,000.000 MID Ex (Any ano Tan_ $5,000 PERSONAL A ADV INJURY S2,000,000 GENT.AGGREGATE LIMIT APPLIES PER: GENERALACGREGATE $4,000.000 POLICYE jEa LOC PTfOOUCTS-COMPICP Ann $4,000,000 OTHER: $ A AIIiO410eRELIANLffY V Y BA8R626254 6/1/2021 6/12022 CO BWI: Sf GLFlIMII $IOW,OW JEn a C.11 X ANY AUTO BOOILY INJURY In.,pe•enn) $ O'tvNEO 4CMEnlA.En AUTQSONLY IALITO6 IIOUILY INJURY(Pa errYlene $ HIRED HEN OW'NEO AUTOS ONLY AUTOS ONLY APPROVED AS TO FURp�ovl.HaiuMntie $ UMBRELLALIAS OCCUR EACIIOC CUR rIENCC $ BYI GAYE E%CEI LIAB _ CUIMS MADE MICHAEL E. AGGREGATE $ CITY ATTORNt7 EACH OEU INSATITION$ N $ q ANn EMRSCOAIPENSATION Y UDSJ 4 6/12027 6I12027. X ANO r.MPLOYERS'LIANUTY rIY'�JH, STATUTE EHH- gNYMiOPiI'ETOHa•ARINEIUE%EWIIVU 1 1 NIA E.L EACH ACCIDENT 51000.000 OFFICIM-IA'LER E)(M W EUT (flvMatary In NHl E.L.DISEASE-FA EMPLOYEE $1000.000 N yyaa &n.be e ' II UESCRI+LION OF OPERAI IONS WkI T3.I.DISEASE-POLICY LIMIT $1.000,W0 a IP-aesnalul lim;Clum Maas I VIEEB6210401 6/1/2021 611r1022 Per Clan 2,000,000 AgG1"1M 4,000,000 I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEIMCLe9 (ACOgO IDI,Atlallonal Namuxn SaI W uN,may b�alMNr4Ir more awcP fa raRulna) l he.cediricate holder Is an additional Insured per the attached. The City of Huntington Bench is an Additional Insured on The Commercial General USURY and Auto Llabillty when required by wrilton contract or agreement regarding activities by or on behalf of Lite Named Insured.The Commercial General Liability Insurance Is primary Insurance and any Either Insurance maimalned by the Additional Insured shall be excess only and noo-contributing with this Insurance.A wUNer of subrogation applies to the Commercial General Liability, Auto Liability and Workers Compensation/Employers Liability In favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATH THEREOF, NOTICE WILL DE DELIVERED IN i ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 26yO Main Street ANON RIIE°flEPRLSENTAIIVE Huntington Beach CA 92648 ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAGECREST PLANNING AND ENVIRONMENTAL, LLC FOR PROFESSIONAL. PLANNING SERVICES 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 Sagrecrest Planning and Environmental, LLC, a limited liability companN hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide professional planning services; 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: I. 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 Amy Vasquez 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. 21-9456047838agrce/surfneVprol'ess ion al sees to$49 05/19-204132 1 of 12 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 3/ 20ZI (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 six (6) 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 Thirty Thousand Dollars ($30,000). 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." 21.9436247838agreUsurfneVprofmional Svcs to S49 05/19.204132 2 of 12 7. DISPOSITION OF PLANS, ESTIMATES AND 0.1.1-iER 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. S. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CTTY. 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 2792.8, then the following Hold Harmless provision applies in place of subsection A above: 21-9456(247333agrce/surthct/pmressional sres to S49 05ne-204132 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 tees 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 21-9456247838agree/surl'net/prn(essional sues to$49 05119-204132 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). 13. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make even 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. CI-R"I-IFICATE 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; 21-9456R47833agree/surrnet/prores.sionnl svcs to$49 05/19-204132 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 2 1-94 5 624 7 83Sagrcehurfnet/profess ion al secs to S49 05/19-204132 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 CONSULTANTI 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. 21-9456R47333agrcc/surIi et/pmlessional secs to S49 05/19-204132 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 l-funtington Beach Sagecrest Planning & Environmental, LLC ATTN: Ursula Luna Reynosa ATTN': Amy Vasquez 2000 Main Street 2400 E. Katella Ave.. Suite 800 Huntington Beach, CA 92648 Anaheim, CA 92906 (714) 783-1863 ext. 705 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. NIODIFICATION 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 21-9456R47838agreclsurf ict/profcssional secs to SI9 05119-204132 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 wort: involving legal services, and that such legal services are expressly outside the 21-94 5 624 783 8agrce/surfneUprolcssional sues to S19 05/19-204132 9 of 12 scope of' services contemplated hereunder. CONSULTANT understands that pursuant to lluntington Beach C'iry 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 1`rom 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 ofthe 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 indemnil'y 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 tollowing extensive arm's length negotiation, and that each has had the opportunity 21-9456247838agrcc/surfnedprol'essional secs to S09 05/19-204132 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 21-9456r'47838agrce/surfneUprofessional secs to S49 05/19-204132 11 of ]2 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Sagecrest Planning and Environmental California COMPANY NAME By. Ursula Luna-Reynosa_ Director/Chief (Pvnuant To HOMC g3.03.100) r. APPROVED AS TO FORM: ITS: (rixle one/Chat 'aide ice President AND V City Attorney By: Date N �` RECEIVE AND FILE: ITS: (!brie one)Secretary ief Fnarcul scaetery-Tteawter City Clerk Date COUNTERPART ag,xarfnec'pw(emooal sro to SAY 05/19-204132 12 of II CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Sagecrest Planning & Environmental, LLC California nn By: Director/Chief (Pursuant To HBMC§3.03.100) print nam APPROVED AS TO FORM: ITS: (circle one)Chairman/President/Vice President AND By; City Attorney A4JI Date print name ITS: (circle one)Secretary/ChietFinancial Officer/Asst. RECEIVE AND FILE: Secretary—Trcasurcr City Clerk Date 3I3/IJ1 COUNTERPART 21.943611/7838egreelswfneVpmfenional svcs to S49 05/19.204132 12 of 12 EXHIBIT "A" A. STATEMENT OP WORK: (Narrative ofwork to be performed) To provide on call planning services for the Community Development Department, Planning Division. Specifically, entitlement processing and other miscellaneous planning duties as may be assigned. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See Attached for Scope of Work C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Consultant will function as extension of staff. 2. The City of Fluntigton Beach Department of Community Development will be the lead agency for all assigned work. D. WORK PROGRAM/PROJECT SCHEDULE: Not applicable EXHIBIT A ■■ Exhibit A SAGECREST planning+environmental March 15, 2021 SCOPE OF SERVICES-ASSISTANT PLANNER Sagecrest understands that the City of Huntington Beach seeks an Assistant Planner for planning services. With each assignment, Sagecrest strives to: • Advise the public at the counter and property owners/applicants during entitlement processing; • Provide comprehensive review and professional analysis of assigned projects; • Ensure compliance with all applicable plans, policies, codes, regulations and CEQA; • Write detailed and concise staff reports and findings for each entitlement; • Assemble all attachments and required graphics; • Prepare and deliver informative and succinct presentations at public meetings; • Maintain ongoing coordination and communication with City staff, departments and other agencies. Sagecrest's approach to providing planning consulting services, including representative tasks as appropriate for the class title assigned, is described below: 1. Process various types of land Sagecrest provides entitlement processing services for use entitlement applications as development applications and management of City-initiated needed through the City's projects that may require general plan amendments, specific review process and prepare plans, reclassifications, Conditional Use Permits, subdivision maps, recommendations for action variances, design review, annexations, and other discretionary and by City staff, Planning administrative actions. Sagecrest planners are skilled project Commission,and/or City managers who provide excellent customer service to the Applicant Council. and the City. We guide the Applicant through the entitlement process,timelines, technical studies, interdepartmental comments, revisions to the application, and the review and approval process. Team members utilize the City's historical files, Geographic Information Systems, permit tracking software, and zoning code to respond to inquiries at the public counter and to research entitlements. 2. Coordinate interdepartmental Sagecrest planners are experienced project managers. Entitlement discretionary review of case processing generally entails routing plans to various City entitlement applications. departments; consolidating comments; resolving internal inconsistencies; and presenting recommendations and revisions to the applicant. Once the application is complete, the planner will write clear, concise, and accurate staff reports and manage the project through public outreach, reviews and approvals by staff, Planning Commission, any other required approval body, and the City Council. 2400 E. Kotella Ave. • Suite 800 • Anaheim, CA 92806 City of Huntington Beach Assistant Planner ...^ Scope of Services SAGECREST 3. Review applications and Sagecrest planners are well versed in current environmental law proposed projects and prepare and preparing CEQA documents for discretionary projects or City- documents as needed for initiated plans and programs. The Sagecrest team includes compliance with the California planners who can prepare streamlining checklists, Initial Studies, Environmental Quality Act (Mitigated) Negative Declarations, EIRs, Mitigation Monitoring and (CEQA). Reporting Programs, and all required CEQA notices. Sagecrest planners have also managed CEQA consultant teams. We have reviewed and commented on numerous CEQA documents from outside agencies to ensure the City's comments and concerns are represented. Christine Saunders,Senior Project Manager, previously served as the CEQA planner for the City of Anaheim and provides CEQA technical support to the entire Sagecrest team. 4. Process General Plan Sagecrest planners are experienced with management of City- Amendments and Zoning Code initiated projects including general plan amendments and zoning Amendments as needed. code amendments. Our planners are skilled project managers who follow to the general plan and zoning amendment process, adhere to timelines, review technical studies, and coordinate interdepartmental comments, throughout the review and approval process. S. Represent the City at various Sagecrest takes pride in our communication and customer service agency and organizational with applicants, interested parties, property owners, homeowner meetings as needed. associations,various governmental agencies, and other City departments. Our planners quickly learn the frequently asked questions (i.e. business license, special events, building inspection requests, etc.) and provide "one-stop shopping' at the public counter. 6. Attend meetings of the City Sagecrest planners have solid presentation skills and have Council, Planning Commission, presented entitlement applications and reports to city councils, City staff, public officials, commissions, and community groups. We are often commended community leaders, for the ability our staff has to take complex issues and present developers, contractors and them in a way that is clear and concise. We are passionate about the general public as directed. working with stakeholders to communicate the direction of the City early in the process so they understand what the goals are and how to be a part of the ultimate solution. 7. Assure that files and plans are Proper records management and organization is crucial. Our secured, organized, and kept planners have all worked for public agencies and understand the up-to-date in accordance with importance of working diligently to maintain the public record, City record-keeping policies. proper publications, filing, indexing, and safekeeping of all proceedings of the Planning Commission and City Council. We work with the City Clerk to ensure the public record is kept permanently and is set up for efficient retrieval. 2 City of Huntington Beach Assistant Planner Scope of Services SAGECREST 8. Generate monthly status Sagecrest planners are well versed in the importance of preparing reports. timely, clear,concise and accurate monthly status reports. We are experienced in tracking time for individual projects and assignments based on our client's needs. 9. Conduct inspections for Our planners are experienced with conducting inspections for approved planning projects as approved planning projects. Inspections are completed in needed. accordance with conditions of approval associated with each discretionary approval and applicable codes, ordinances and standards adopted by the City. Our planners will ensure coordination with project conditions and code requirements. 10. Monitor and evaluate We proactively manage our caseload to ensure that all projects implementation of conditions stay on schedule and in accordance with the City's adopted of approval as needed. timelines. We coordinate with various City departments for comments and build relationships with department representatives to ensure good communication and coordination is maintained throughout the life of each project. We understand the importance to applicants of maintaining established timelines. Counter Coverage: 11. Provide general planning We take pride in our exceptional customer services skills at the information to the public. public counter.Our planners are trained to review the City's Review and process ministerial historical files, zoning map, zoning code and other data and files to planning applications, respond to inquiries at the public counter. Our planners are well including, but not limited to versed in determining when a project is ready for plan submittal. planning review of building We quickly learn the frequently asked questions (i.e. business permits, sign permits, zoning license, special events, building inspection request, etc.) that are confirmation letters, and typical to customers visiting City Hall to provide as much special event permits. assistance as possible and help provide "one-stop shopping' for questions and needs. 3 City of Huntington Beach ,^ Assistant Planner Scope of Services SAGECREST RATE SCHEDULE This work will be performed on an hourly fee basis based on the below fee schedule with a not-to- exceed of$30,000 without prior authorization from the City. Position Hourly rate Assistant Planner $75.00 ! 1 Mileage reimbursement is only applicable for personal vehicle use for City or project miles traveled. Mileage is subject to IRS Mileage Rates. As of January 1, 2021,the standard mileage rate is 56 cents per mile for business miles driven. 4 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: Assistant Planner S75/1-IOUR B. Travel Charges for time during travel are not reimbursable. C. Billing I. 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; 13) 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) 1-or 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 I Exhibit B the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if' CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAGECREST PLANNING AND ENVIRONMENTAL, LLC FOR PROFESSIONAL PLANNING SERVICES Table of Contents 1 Scope of Services................................................................................................................ I 2 City Staff Assistance...........................................................................................................2 3 Term: Time of Performance................................................................................................2 4 Compensation...................................................................................................................... 2 5 Extra Work.......................................................................................................................... 2 6 Method of Pavment.............................................................................................................3 7 Disposition of Plans, Estimates and Other Documents.......................................................3 8 Hold Harmless.....................................................................................................................3 9 Professional Liabilitv 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 Attornev's Fees..................................................................................................................... 10 25 Survival ................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................ 10 28 Entiren ................................................................................................................................. 10 29 Effective Date.................................................................................1 l MMV— ACO ire CERTIFICATE OF LIABILITY INSURANCE DATE6/3/2C20"y) /3RC20 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 endorsement(s). .RODUCER "MECONTACT Theresa Swanson CA#ON1416 AssuredPartners I Hall 8 Company PHONE A/E Insurance Services I".No.E.0, 360-626-2957 Ml 380.826-2957 _ 19660 10th Ave NE ADDRRess. theresa swansorfisssuredpartners com POUIsbo WA 98370 IMSURER(IIII)APFOROING COVERAGE AMC/ RaU161A:Travelers PropeA�asualty Company of America 25974 NSURED SACEPLA-0' Rws totley Insurance Copy Inc 37540 Sagecrest Planning+E nviron mental e;Beg man - 2400 E Kalella Ave Suite 800 INSAIWAD` Anaheim CA 92806 INSGRgw D: _ IMIURER E 1111URER F COVERAGES CERTIFICATE NUMBER:415625278 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 TYPE OF 84SURAUCE A POL ICY NUMBER �YYYY MmmoryyYy � �B A X COMMEItCIALOENERALL MUTY Y Y 61506,1742889 &1/2020 6/1/2021 ; EACH OCCURRENCE _81$2.000.000 �LJ I OANIAGF — __ CLAIMS-WOE OCCUR _PREMISETD RERTEO ,000,000_. _ LEO E%P(AM ar PNIMI 15.000 PERSONAL A AM INJURY $2.000.000 GEW AGGREGATE LIMIT APPLIES PIW APPROVED AS TO FORM GENERAL AGGREGATE 14.000.000 _ POLICY�� ❑LOC PRODUCTS COMP/OP AGG 54.000.0.00 THEN By 644K 1 1 A AIROMOBLBLIABUTY Y Y 6SG&rAJWAE= ca &1/2020 ef1Q021 COMBINED SINGLE LIMr 82.000.000 µy D CITY ATTORNEY eODRY INJURY IPA Pini S DwEo scNEptAEo CRY OF HUiJ"f W3TON SUCH eooQY INJURY(PR R beN I 1 AUTOS JX SLED AUT080NLY X NGR.DLMED PROPERTY DAMAGE 1 AUTO&ONLY AUTOS ONLY 1 S UMBRELLALJAN Occult EACH OCCURRENCE S EXCESS LIAR GAAMI94tlkM AGGREGATE 1 RETENTION 1 A W KERSCOMPEAUTON y L)OW43745 WM2020 6/11=1 X 1 R AND EMPLOYERS LIABILITY YIN 0,CLUMLIMBEREXCLUOECI? MIA El EACH ACCIDENT t1,000,000 (sum I m NH) E L DISEASE-EA EMPLOYE I i.000.000 I . SCRiPTiON OF SeMPR EL DISEASE POLICY La1R 11,000000 a swmrLro,cr.n VIEESUM301 6/1,2020 &lr2021 P c- 2,000,000 AepyMF 4.000.000 )ESCRIP TION O OPERATIONS I LOCATIONS I VEHICLES IACORO r91,A4WNW RNMYR 1PMUTAR.MY M M.chAd If nGrr NPAcA I.nglwRal The certificate holder is an additional insured per the attached. The City of Huntington Beach is an Addlhonal Insured on the Commercial General Lability and Auto Liability when required by written Contract or agreement regarding acbvlbes by or on behalf of the Named Insured The Commercial General Lability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and noncontributing with this insurance.A waiver of subrogation applies to the Commercial General Liability. Auto Liability and Workers Compensabon I Employers Liability in favor of the Additional Insured 'ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street A ITK9RIIEDREPRESENTATIVE Huntington Beach CA 92648 .� ®1988-201 S ACORD CORPORATION. All rights reserved. 4CORD 25(2016103) The ACORD name and logo are registered marks of ACORD