HomeMy WebLinkAboutKNN Public Finance, LLC - 2021-07-01 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KNN PUBLIC FINANCE, LLC
FOR
FINANICAL ADIVSORY SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and boween the City of
Huntington Beach. a municipal corporation of the State of California, hereinafter referred to as
"CITY.- and KNN PUBLIC FINANCE'. LLC. hereinafter referred to as "CONSULTANT."
WHEREAS. CITY desires to engage the services of a consultant to provide as needed
financialadvisory 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 CONSULTANTF as follows:
I. SCOPE OF SERVICES
CONSUL:CAN"T 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 Mark Young who shall represent it and be its
sole contact and aeent 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.
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3. •PERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of'CONSULTANT are to
commence on . 2021 (the "Commencement Date"). This Agreement shall
automatically terminate three (3) years from the Commencement Date. Unless extended or sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than
three vcars 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.
d. 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 ($30.000.00).
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 (or 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."
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7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation. all original drawings. designs, reports. both field and office notices.
calculations, computer code, language, data or programs, maps. memoranda, letters and other
documents, shall belong to CITY. and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion. whichever shall
occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY. its officers, elected or appointed officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses,judgments, demands and defense costs
(including, without limitation. costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, ifany) negligent (or alleged negligent) performance ofthis 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.
U. To the extent that CONSULTANT performs"Design Professional Services" within
the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in
place of subsection A above:
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"CONSULTANT hereby agrees to protect. defend, indemnify and hold hannless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including.
without limitation. costs and fees of litigation of every nature or liability of anv 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 CONSUL:PANT. In no event shall the cost to
defend charged to CONSULTANT exceed CONSUL-I-ANT'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 diSS0111tiOn
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 2782.9.
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 perfonned by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
(SI.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
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policy "deductible" of-fen -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
Live rise to Future claims.
CONSULTANT- will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for anv 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 CONSUL:CANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for; the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives
the right to receive compensation and agrees to indemnify the CITY for any work performed prior
to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder. CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement: the certificate shall:
A. provide the name and policy number of each carrier and policy;
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E. 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 CONSULTfNT'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. ifany. 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 ant' time with or without
cause. and whether or not the PROJECT is fully complete. Any termination of this Agreement by
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CITY shall be made in writing. notice ol'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.
I I ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved,
all approved assignees, delegates and subconsultants must satisfy the insurance requirements as
set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTSMATENTS
CITY shall own all rights to any patent or copyright on any work. item or material
produced as a result of this Agreement.
15. CI"fY 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 CONS ULTANT'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.
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CITY and CONSULTANT may desk,,nate different addresses to which subsequent notices,
certif tcatcs or other connnunications will be sent by notif}ing the other party via personal delivery,
a reputable overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSUL TAN :
City of Huntington Beach KNN Public Finance. L,IX
ATTN: Dahlc BUIOSOn 5901 W. Century Blvd., Suite 750
2000 Main Street Los Angeles. CA 90045
Huntington Beach, CA 92648
17. CONSENT
When CTTY'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 an%
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
19. SECTION HFADINGS
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 Agoreement.
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
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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 alTect 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 alTected shall be curtailed and limited only to the extent necessary to
bring it within the requirements ol'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 Nvho has signed it.
22. IMMIGRATION
CONSULTANT- shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular. comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of' any
subcontractor work involving legal services, and that such legal services are expressly outside the
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scope of services contemplated hereunder. CONSULTANT understands that pursuant to
1/utvit7gta7 Bench CitY Choi-ter Section '09, the Cite 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. A-1-TORNEfS 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 attorneys fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and contest survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAN
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power. authority and right to bind their respective parties to each of'the terms of this Agreement.
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and Voluntarily following extensive arm's length negotiation. and that each has had the opportunity
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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 partvs 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 WI IEKEOP, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
KNN PUBLIC FINANCE, LLC California
BY Dvector/Chief
AP_IG i • It
� (Pursuant
rsut To HBMC§3.03.100)
�
print name APPROVED AS TO FORM:
ITS: (circle one)Chairman/PresidenrNicc President
OIL ON P-6 I Lfu v I e<e-ro>�
AND a
By: City Attorney
Date
print name
ITS: (circle ane)Secretary/ChictFinancial Officer/Asst. RECEIVE AND FILE:
Secretary-Treasurer
City Clerk
Date
COUNTERPART
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
KNN PUBLIC FINANCE, LLC .California
By: Director/Chief
(Pursuant To NBMC§3.03.100)
print name APPROVED AS TO FORM:
ITS: (circle one)Chainnan/President/vice President
AND
By. City Attorney
Date
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE:
Secretary—Treasurer
City Clerk
Date � 1
COUNTERPART
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE; CITY OF HUNfINGTON BEACH AND
FOR
Table of Contents
IScope of Services................................................................................................................ I
2 City StaffAssistance....................................................................._.................................... 2
3 berm: Timc of Pcrforntance......................................................................................
..........2
4 Compensation......................................................................................................................2
5 Extra Work....................................................... .......................................................
...........2
6 Method of Pavment.............................................................................................................3
7 Disposition of flans. Estimates and Other DOGinte❑ts......... ............................................. 3
8 Hold Harmless.....................................................................................................................3
9 Prolessional Liability Insurance ..............................................................................4
10 Certificate of Insurance....................................................................................................... 5
11 Independent Contractor....................................................................................................... 6
12 Termination of Agrccntent..................................................................................................6
13 Assignment and Delegation..................................................................................................6
14 Copyrights/Patents .............................................................................................................. 7
15 City Employees and Officials........................................................ ..................................... 7
16 Notices... .................................................................................................................7
17 Consent................................................................................................................................ 8
18 \-Ialitication........................................................................................................................ 8
19 Section Headinp................................................................................................................. 8
20 Interpretation of this Agreement ......................................................................................... 8
21 Duplicate Original...............................................................................................................9
22 Immigration.........................................................................................................................19
23 Legal Services Subcontracting I'rohibited ........................................................................... 9
24 Attorneys fees..................................................................................................................... 10
25 Survival ................................................................................................................................ 10
26 Governing Law..................................................................................................................... 10
27 Signatorics............................................................................................................................ 10
28 Entiretv................................................................................................................................. 10
29 Effective Date...... ............................ .............................................. I I
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT will act as an independent "Financial Advisor" and economic market
expert. provide advice and assist on debt issuance, structuring, timing of issuance, call provision
options, rating matters, and on existing and proposed financial arrangement on an as-needed basis.
The Financial Advisor mac also be called upon to provide financial advisory services during the
course of the fiscal year for other financings that the City may undertake as well as any other 'on
call' advisory services including but not limited to strategic planning, capital project analysis, and
financial alternatives.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
As part of a quarterly retainer, to be billed in equal quarterly installments, the following
services will be provided.
I) Ongoing Debt Reporting and Monitoring including Continuing Disclosure reports.
dissemination, material event notices, and other required disclosures for the City. Public Financing
Authority. and Successor Agency:
Z) Rating Agency assistance with preparation and presentation for new and existing credit
ratings, updates, and reviews, including ongoing monitoring of credit factors and review of draft
reports:
3) Policy review/development for debt, reserve, and disclosure policies, including ongoing
updates as needed:
4) Other "On-Call" Advisory Services including. but not limited to, strategic planning.
financial alternatives and analysis for capital projects,
5) IRMA representation
EXHIBIT A
Transaction financings should not be included in the annual retainer services stated above,
but would be a separate fixed fee(see Exhibit B).
I) Assist the City in interfacing with rating agencies with the objective of maintaining and
improving, when applicable, the high ratings assigned the City's outstanding and offered securities
for all bonded debt. including its underlying ratings.
2) Review any existing policies regarding land-secured financings, and assist the City of the
review and development of'revised policies as requested.
3) Assist the City in its evaluation of whether to proceed to an implementation phase of
district formation (if applicable) and bond issuance and. if applicable. recommend conditions for
issuance that the City may consider.
4) Examine the financial feasibility of proposed projects or refundinghestructuring
opportunities.
5) Provide timely information. judgments. and forecasts regarding general economic and
capital market conditions.
6) Prepare financing schedule, monitor progress of participants, facilitate and coordinate
completion ortasks and responsibilities in accordance with schedule. Revise schedule as necessar.
7) Review land use approvals, property ownership, proposed development and phasing
plans, and developer's financing plans in conjunction with development and review of appraisals,
absorption studies. and the development of a rate and method of apportionment. as necessary.
8) Assist and coordinate in the preparation of legal and disclosure documents related to debt
issuance, as necessary.
9) Develop rating agency strategy, prepare rating agency presentation material. schedule
meetings with rating agencies, organize and coordinate Council and staff rehearsals and
presentations and coordinate itinerary for rating agency visits as required.
10) Assist in the preparation of Request for Proposals for underwriters as directed by City.
EXHIBIT A
Assist in the evaluation of proposals. conduct interviews as necessary, an(] provide recommendation
as to firms selected.
11) Develop and take a primary responsibility for quantitative analysis of structuring
alternatives for debt issues including sizing. structure, and term of issue. Provide computer
modeling and comparison of alternatives.
12) Assist and coordinate discussions and prepare presentation materials for identified key
institutional investors. Coordinate itinerary. as necessary. for visits to institutional investors or
meeting sites.
13) Analyze and participate in decision as to timing of sale and consult as to advisability or
necessity for rescheduling sale depending on market conditions.
14) Prepare analytical discussion of market conditions and projected pricing results prior to
sale. Provide independent pre-pricing analysis to City prior to sale including market activity.
projected results. market supplv and demand characteristics, and comparable safe analysis.
Ii) Coordinate and nionitor marketing programs initiated by underwriter to develop pre-
sale market interest. Prepare and coordinate placement of notices and advertisements in periodical
publication (Bond Buyer, etc.)to stimulate market interest.
16) Assist in development of and recommendation with respect to pre-sale interest rate
scale and structure for pre-marketing purposes. Provide recommendation with respect to
underwriter retention as defined prior to sale.
17) Analyze market conditions with respect to underwriters' compensation. Provide
comparable transaction comparisons and recommendation with respect to order writing spread and
components thereof.
18) Participate in pricing process, analyze volume aril type of orders and provide
recommendation as to acceptance or re-pricing of offer to underwrite at conclusion of pricing
period.
19) Provide pricing analysis and comparisons following sale, document pricing results, and
EXIi1BITA
provide written report to City with respect to final pricing and underwriter compensation level.
Deliver quantitative schedules showing results of final pricing.
20) Assist and coordinate with administrative matter related to transaction closing.
including preparation and distribution of final official statement. Participate in closing procedures.
2 1) Provide advice to the City regarding alternative forms of investment. strategies and
alternatives to its investment policies.
22) Upon request, assist in reviewing and analyzing legislation that may have a financial
impact on the City.
23) Upon request. assist City in conducting surveys of financial activities of other major
operating utilities.
24) Upon request, attend Council meetings and make presentations to the City Council, its
committees and staff.
C. CITY'S DUTIES AND RESPONSIBILITIES:
City will provide access to any document or employee(s) necessaq• for CONSULTANT to
fulfil assigned task.
D. WORK PROGRAM/PROJECT SCHEDULE:
Work assignments will be as needed, as directed by the City.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
An annual retainer amount not to exceed $10.000, billed in quarterly installments of
S2.500.00.
The fallowing fixed transactions fees for debt offerings are separate from the retainer fees
and will be billed in the event the City requires these services.
Transaction Type Fee Range
Lease Revenue Bonds or COPS $35.000-$60.000
Enterprise Revenue Bonds $35,000-$60,000
Refunding Tax Allocation Bonds $35,000-$60,000
Special Assessment Bonds $35,000-$60,000
Mello-Roos Bonds $35,000-$60,000
General Obligation Bonds $35,000-$60,000
I. CONSULTANT shall be entitled to monthly progress payments toward the fixed
fee set forth herein in accordance with the following progress and payment schedules.
2. Delivery, of work product: A copy of every memorandum, letter, report.
calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on
any such product. CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress
payment due Such invoice shall:
A. Reference this Agreement:
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. For all payments include an estimate of the percentage of'work completed.
Upon submission of any such invoice . if CITY is satisfied that CONSULTANT is making
EXHIBIT B
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" rim) at the option of CITY be suspended
until the parties agree that past performance by CONSULTANT is in, or has been brought into
compliance. or until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above. and in addition shall list the hours expended and hourly rate charged
for such time. Such invoices shall be approved by CITY if the work performed is in accordance
with the extra work or additional services requested, and if CITY is satisfied that the statement of
hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld.
Any dispute between the parties concerning payment of such an invoice shall be treated as
separate and apart front the ongoing performance of the remainder of this Agreement.
EXTIIBIT 13
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Sunny Rief
2. Date: 5/25/2021
3. Name of contractor/permittee: KNN Public Finance, LLC
4. Description of work to be performed: Financial Advisory Services
5. Value and length of contract: $30,000, 3 years
6. Waiver/modification request: Increase insurance policy deductible from $10,000 to
50 000
7. Reason for request and why it should be granted: $10,000 deductible is not commerically
available for municipal advisory services and anything less than $50,000 is cost prohibitive
for consultant.
8. Identify the risks to the City in approving this waiver/modification: Additional $40,000 risk to
the contract, although KNN currents has adequate equity and line of credit to minimize the
City's risk.
QT14h — 5/25/2021
Dep nt HeatYSignature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office Is only required If
Risk Management and the City Attorney's Off a disagree.
1. Ris Management
Approved ❑ Denied
Sign ture Date
2. Ci Attorney's Office 4v
U Approved El Denied ---�
Signature Date
3. City Manager's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request Is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Human Resources
KNN Insurance Warver.doc 5/2512021 8:15:00 AM
Client#:444977 KNNPUBLI
E jW
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DAI /DD/YYV)
lo/0ro8lzozo
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(los)must have ADDITIONAL INSURED provislons 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 any rights to the certificate holder In lieu of such andorsement(s).
PRODUCER MTEACT Felicia McAroy
Marsh&McLennan Agency LLC E 926482-9337 ac,Na: 926-482.9390
Marsh &McLennan Ins Agency LLC EODREss Fellcla.McAroy@MarshMMA.com
1340 Treat Blvd#260
INSURERIS AFFORDING COVERAGE NAACP
Walnut Creek,CA 94697 INSURERA:Hanover Insurance Company 22292
INSURED INSURER B:Gemini Insurance Company 10833
KNN Public Finance LLC
INSURER C:
2064 University Ave.,Suite 300
INSURER a
Berkeley, CA 94704
INSURER E:
INSURER F;
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUyyCED BY PAID CLAIMS.
EFF PO Y EX
LTR TYPE OF INSURANCE SITDLI U Mw D POLICY NUMBER MMYDdYYYYJ 1MooMTYYI_ LIMITS
A X COMMERCOL GENERAL LIABILITY X OHF060198803 8/19/2020 08/19/2021 EACH accuRReracE s1 000000
DAMAGE�0NT
Icw XMs.MAOE occua N Ni E lERE ED.aa„mrcel s1,000,000
MEDEXP An ane Ran $10,000
PERSONAL&ADVINJURY s1 o0O DDD
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,00010 D0
X OPRTT (— PRODUCTS-GOMPpPAGG 5 290D,0DU
_ POLICY JECIPRO. I LOC �—
OTIIER: S
A AUTOMOBILE LIABILITYOHFD50198803 D811912020 OBN COMBINED GLEMIT
9/2021 Ee audeA 60001000
ANY AUTO BODILY INJURY(Per parwn) $
DWMED SCHEDULED BODILY INJURY(Pa a dmtN S
AUTOS ONLY AUTOS PROPERTY DAMAGE S
X AI I AUTOS ONLY X AUTOS ONLY fper w '.I
S
A X UMBRELLALIAB X OCCUR OHFD60198803 8/19/2020 08/19/2021 EACHOCCURRENCE s2000000
EXCESSOAS CLAIMS.MADE AGGREGATE s2000,o0D
DED I I RETENTIONS 1 1 S
WORKERS COMPENSATION PER OTFb
AND EMPLOYERS'UABIUTY YIN B7ATUIE_
ANY PROPMETORIPARTNER/EXECUTNE F.L.EACH ACCIDENT S
OFFI:ERMEMBER EXCLUDED7 NIA
(Mwda(ory In NH) E.L.DISEASE-EA EMPLOYEE S
IT YYaFi,,ftw I.mel
DESCRWTION OF OPERATIONS W. E.L.DISEASE-POLICY U.WT S
B Errors&Omission VCPL066411 8119/2020 08119/2021 $2,000,000 Per Claim
$2,000,000 Aggregate
$50 000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD wt,AddWwal Remerke SchedaN,may be enecNed If more epTee b rsquhad)
The City of Huntington Beach, Its officers,elected or appointed officials,employees,agents and
volunteers are Included as Additional Insured(General Liability and Auto Liability), per the attached.
CERTIFICATE HOLDER CANCELLATION
City of Huntington Beach THE SHOULD EXP EXPIRATION DATEDATE ABOVE THEREOFBEDNOTIICIEIES HE WILL CBE CELLED BEFORE DELIVERED
2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach,CA 92648
AUTHORQED REPRESENTTAAI VVEI e M
01988-2D16 ACORD CORPORATION.All rights roservod.
ACORD 25(2016103) 1 oil The ACORD name and logo are registered marks of ACORD
#S6636362IM6409460 WBFZM
A 0 OA0911 4/2 0 2 0YI
CERTIFICATE OF LIABILITY INSURANCE 09/142020
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 pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the torms 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 CT
DougPHONE FAX Jones (AX-(MAX E%ll (480)951-4177 IIAMNo�: (480)951-0266
DID Art .
eX Risk Solutions,Inc. EMAIL
8840 E.Chaparral Rd.;Suite 275 S60MCSR SDL.BSD.Cedigrales@aAexrisk,cam
Scottsdale,AZ 85250 INSURER(S)AFFORDING COVERAGE NAICX
INSURER A: American Zurich Insurance Company_ 40142
INSURED INSURER e:
THNet Fat IV,LLC Labor Conlrador,for o emplcyees of:KNN Public Finance,LLC
909 Third Ave FI 10 INSURER C:
Nay York,NY 10022 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:20NY605912196 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 VWTH 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.
INMAWL SUM
Lm TYPE OF INSURANCE lNan WVD POLICYNUMBEA MNAD EFF POLICY EX,pY LIMITS
COMWkISMERCIALGENERALUAMILM EACH OCCURRENCE S
CMADE o OCCUR PREMISESIEs mnuI_ S
MED EXP("rim person) 5
PERSONALSADVINJURY S
GEN'L AGGRE DATE.LIMI T APPII ES PE R: GENERALAGGREGATE S
FOUCYE]JECT LOC PRODUCTS-COMPMP AGG S
OTHER: S
AUTOMOWLELIABILITY COMBINED SINGLE UMIT' f
Es brd0enI)
ANY AUTO BODILY INJURY(Per person) f
OWNED SCHFJJULEO BODILY INJURY(Per ecWonq S
AUTOS ONLY AUTOS
HIRED NON-0W14ED P kN D S
AUTOSONLY AUTOS ONLY -[Per amJdmll)
S
UMBRELLA UAe OCCUR EACH OCCURRENCE f
EXCESS LIAR CIAIMSMADE AGGREGATE S
DED REIENTN]Hf S
WORKERSCOMPENSATION X P R OTH
ANDEM➢LOYERVLIABIIJtt YIN STATUTE E
ANYFR N OPRIETORARTNENEXECUTIVE E.L.EACH ACCIDENT S 2,000,000
A OFFICEfNNM EBER EXCLUDED? ❑ NIA x VVC 16-62-791-05 07/01/2020 07/012021
(Mendawry In NH) E.L.DISEASE-EA WPtOYEE S 2.000,000
If yyes desoiba toga,
DEkRIPT*H1 OF OPERATIONSbeb« E.L.DISEASE-POLICY UNIT S 2,000,000
Location Coverage Period: 07/012020 07/012021 Client# 9FYK-CA,
DESCRIPnON OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddiUoml Remarks SclwdOe,my be slletlted II more spw Is mqulred)
KNN Public Finance,LLC A waver of suogallon appiles In far of City of HurUnglon Beach as required by
Coverage Is Provide car tu favor
University Avenue Suite 300 wreten mrdrad.
oNy Uww doompbyuea
0,but rot subeoNreelors Berkeley.CA 94704
to:
Endorsements:Waiver of Subrogation
CERTIFICATE HOLDER CANCELLATION
City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POUCHES BE CANCELLED BEFORE
2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Huntington Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
fD 1988.20'15 ACORD CORPORATION. All rights reserved.
ACORD 25(20161031 The ACORD name and l000 are reoistered marks of ACORD
WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our
right against the person or organization named in the schedule (This agreement applies only to the extent that you per-
form work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be $0 of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
IN FAVOR OF: A waiver of subrogation applies in favor of City of Huntington Beach as
city of Huntington Beach required by written contract.
2000 Main Street
Huntington Beach,CA 92648
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.)
Endorsement Effective: 07/01/2020 Policy No: WC IM2-791-05 Endorsement No:
Insured: TriNet HR IV,LLC Labor Contractor,for co-employees of:KNN Public Finance,LLC
909 Third Ave FI 10
Insurance Company: American Zurich Insurance Company Countersigned by
yr 03 OB Co
Copyright 1983 National Council on Compensation InsuranceJam-
INSURED: KNN Public Finance LLC
POLICY#: OHFD50198803 POLICY PERIOD: 0811912020 TO:0811912021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT
This endorsement modifies Insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES Limits Page
1. Additional Insured by Contract, Agreement or Permit Included 1
2, Addlllonal Insured - Broad Form Vendors Included 2
3. Alienated Premises Included 3
4. Broad Form Property Damage - Borrowed Equipment, Customers Included 3
Goods and Use of Elevators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3
6. Personal and Advertising Injury - Broad Form Included 4
7. Included 4
Product Recall Expense Each Occurrence Limit $25.000 5
Occurrence
Product Recall Expense Aggregate Limit $50,000 5
Aggregate
Product Recall Deductible $500 5
8. Unintentional Failure to Disclose Hazards Included 6
9. Unintentional Failure to Notify Included 6
This endorsement amends coverages provided under the Businessowners Coverage Form through new
coverages and broader coverage grants. This coverage Is subject to the provisions applicable to the
Businessowners Coverage Form, except as provided below.
The following changes are made to SECTION II - (2) Premises you own, rent, lease or
LIABILITY: occupy; or
1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of
Permit equipment leased to you.
The following is added to SECTION II - b. The Insurance afforded to such additional
LIABILITY, C. Who Is An Insured: Insured described above:
Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by
Permit law; and
a. Any person or organization with whom you (2) Will not be broader than the insurance
agreed in a written contract, written which you are required by the contract,
agreement or permit to add such person or agreement or permit to provide for such
organization as an additional Insured on additional Insured.
your policy Is an additional Insured only with (3) Applies on a primary basis If that Is
respect to liability for "bodily injury', required by the written contract, written
property damage', or personal and agreement or permit.
advertising Injury' caused, In whole or in
part, by your acts or omissions, or the acts (4) WIII not be broader than coverage
or omissions of those acting on your behalf, provided to any other Insured.
but only with respect to: (5) Does not apply If the "bodily injury',
(1) "Your work" for the additional insured(s) "property damage" or "personal and
designated In the contract, agreement or advertising injury'is otherwise excluded
permit; from coverage under this Coverage Part,
Including any endorsements thereto.
391-1006 08 16 Includes copyrighted materials of Insurance Services 0111ces, Inc.,with Its permission. Page 1 of 6
Hanover
Insurance Croup,
003H007851 1001075
c. This provision does not apply: The most we will pay on behalf of the
(1) Unless the written contract or written additional insured for a covered claim Is the
agreement was executed or permit was lesser of the amount of Insurance:
Issued prior to the "bodily Injury", 1. Required by the contract, agreement or
"property damage", or "personal injury permit described In Paragraph a.; or
and advertising Injury". 2. Available under the applicable Limits of
(2) To any person or organization Included Insurance shown in the Declarations.
as an Insured by another endorsement This endorsement shall not Increase the
Issued by us and made part of this applicable Limits of Insurance shown in the
Coverage Part. Declarations
(3) To any lessor of equipment: e. All other Insuring agreements, exclusions,
(a) After the equipment lease expires; or and conditions of the policy apply.
(b) If the "bodily Injury", "properly 2. Additional Insured - Broad Form Vendors
damage", "personal and advertising The following is added to SECTION II -
injury" arises out of sole negligence LIABILITY, C. Who Is An Insured:
of the lessor.
(4) To any: Additional Insured - Broad Form Vendors
(a) Owners or other Interests from whom a. Any person or organization that is a vendor
land has been leased if the with whom you agreed In a written contract
'occurrence" takes place or the additional Insured under this Coverage Part
offense Is committed after the lease is an insured, but only with respect to liability
for the land expires; or for "bodily injury" or "properly damage"
(b) Managers or lessors of premises If: arising out of "your products" which are
(I) The "occurrence" takes place or distributed or sold In the regular course of
the offense is committed after the vendor's business.
you cease to be a tenant In that b. The insurance afforded to such vendor
premises; or described above:
(11) The "bodily Injury", "property (1) Only applies to the extent permitted by
damage", "personal injury" or law;
"advertising Injury" arises out of (2) WIII not be broader than the Insurance
structural alterations, new which you are required by the contract or
construction or demolition agreement to provide for such vendor;
operations performed by or on
behalf of the manager or lessor. (3) WIII not be broader than coverage
(5) To "bodily injury", "property damage" or provided to any other Insured; and
"personal and advertising Injury" arising (4) Does not apply if the "bodily Injury",
out of the rendering of or the failure to "property damage" or "personal and
render any professional services. advertising injury" is otherwise excluded
from coverage under this Coverage Part,
This exclusion applies even If the claims Including any endorsements thereto
against any Insured allege negligence or
other wrongdoing in the supervision, c. With respect to Insurance afforded to such
hiring, employment, training or vendors, the following additional exclusions
monitoring of others by that Insured, if apply:
the "occurrence" which caused the The insurance afforded to the vendor does
"bodily Injury" or "properly damage" or not apply to:
the offense which caused the "personal
and advertising Injury" Involved the (1) "Bodily injury" or "properly damage" for
rendering of or failure to render any which the vendor is obligated to pay
professional services by or for you. damages by reasons of the assumption of
liability In a contract or agreement. This
d. With respect to the Insurance afforded to exclusion does not apply to liability for
these additional Insureds, the following is damages that the Insured would have in
added to SECTION II - LIABILITY, D. Liability the absence of the contract or
and Medical Expense Limits of Insurance: agreement;
(2) Any express warranty unauthorized by
you;
391.1006 08 16 Includes copyrighted materials of Insurance services Offices, Inc.,with Its permission. Page 2 of 6
(3) Any physical or chemical change In the The most we will pay on behalf of the vendor
product made Intentionally by the for a covered claim Is the lesser of the
vendor; amount of Insurance:
(4) Repackaging, unless unpacked solely for 1. Required by the contract or agreement
the purpose of Inspection, described In Paragraph a.; or
demonstration, testing, or the 2. Available under the applicable Limits of
substitution of parts under instruction from the manufacturer, and then Insurance shown In the Declarations;
repackaged In the original container; This endorsement shall not increase the
(5) Any failure to make such Inspection, applicable Limits of Insurance shown In the
adjustments, tests or servicing as the Declarations.
vendor has agreed to make or normally 3. Alienated Premises
undertakes to make In the usual course SECTION II - LIABILITY, B. Exclusions, 1.
of business In connection with the sale Applicable To Business Liability Coverage k.
of the product; Damage to Property, paragraph (2) is replaced by
(6) Demonstration, installation, servicing or the following:
repair operations, except such (2) Premises you sell, give away or abandon, If
operations performed at the vendor's the "property damage" arises out of any part
premises In connection with the sale of of those premises and occurred from hazards
the product; that were known by you, or should have
(7) Products which, alter distribution or sale reasonably been known by you, at the time
by you, have been labeled or relabeled the property was transferred or abandoned.
or used as a container, part or 4. Broad Form Property Damage - Borrowed
Ingredient of any other thing or Equipment, Customers Goods, Use of Elevators
substance by or for the vendor;
a, The following is added to SECTION II -
(B) "Bodily injury' or "properly damage" LIABILITY, B. Exclusions, 1. Applicable To
arising out of the sole negligence of the Business Liability Coverage, k. Damage to
vendor for Its own acts or omissions or Property:
those of Its employees or anyone else
acting on its behalf. However, this Paragraph (4) does not apply to "properly
exclusion does not apply to: damage" to borrowed equipment while at a
jobslte and not being used to perform
(a) The exceptions contained within the operations.
exclusion In subparagraphs (4) or (6)
above; or Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
(b) Such Inspections, adjustments, tests while on your premises nor to the use of
or servicing as the vendor has elevators.
agreed to make or normally b. For the purposes of This endorsement, the
undertakes to make In the usual p p
course of business, In connection following definition Is added to SECTION II -
with the distribution or sale of the LIABILITY, F. Liability and Medical Expenses
products. Definitions:
(9) "Bodily Injury" or 'properly damage" 1. "Customers goods" means properly of
your customer on your premises for the
place before you have signed the purpose of being:
contract or agreement with the vendor. a. Worked on; or
(10)To any person or organization Included b. Used In your manufacturing process.
as an Insured by another endorsement c. The Insurance afforded under this provision Is
Issued by us and made part of this excess over any other valid and collectible
Coverage Part. property Insurance (Including deductible)
(11)Any Insured person or organization, available to the Insured whether primary,
from whom you have acquired such excess, contingent or on any other basis.
products, or any Ingredient, part or
container, entering Into, accompanying 5. Incidental Malpractice - Employed Nurses, EMT's
or containing such products. and Paramedics
d. With respect to the Insurance afforded to SECTION II - LIABILITY, C. Who Is An Insured,
these vendors, the following Is added to paragraph 2.a.0)(d) does not apply to a nurse,
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
391.1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with Its permission. Page 3 of 6
n<
Hanover
Insurance Group-
OD3 H007851 1001075
emergency medical technician or paramedic o. Recall of Products, Work or Impaired
employed by you if you are not engaged In the Properly Is replaced by the following:
business or occupation of providing medical, o. Recall of Products, Work or Impaired
paramedical, surgical, dental, x-ray or nursing Property
services.
6. Personal Injury - Broad Form Damages claimed for any loss, cost or
expense Incurred by you or others for
a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall,
Additional Exclusions Applicable only to Inspection, repair, replacement,
"Personal and Advertising Injury", paragraph adjustment, removal or disposal of:
e. Is deleted.
(1) "Your product";
b. SECTION II - LIABILITY, F. Liability and
Medical Expenses Definitions, 14. "Personal (2) "Your work"; or
and advertising injury", paragraph b. Is (3) "Impaired property";
replaced by the following: If such product, work or properly Is
b. Malicious prosecution or abuse of withdrawn or recalled from the market or
process. from use by any person or organization
c. The following Is added to SECTION II - because of a known or suspected defect,
LIABILITY, F. Liability and Medical Expenses deficiency, inadequacy or dangerous
Definitions, Definition 14. "Personal and condition in it, but this exclusion does
advertising injury': not apply to "product recall expenses"
that you incur for the "covered recall" of
"Discrimination" (unless insurance thereof is "your product".
prohibited by law) that results in Injury to the However, the exception to the exclusion
feelings or reputation of a natural person, does not apply to "product recall
but only If such "discrimination" Is: expenses" resulting from:
(1) Not done Intentionally by or at the
direction of: (4) Failure of any products to accomplish
their Intended purpose;
(a) The Insured;
(5) Breach of warranties of fitness,
(b) Any officer of the corporation, quality, durability or performance;
director, stockholder, partner or
member of the Insured; and (6) Loss customer approval, any
In
cost Incurred to regain customer
(2) Not directly or indirectly related to an approval;
"employee", not to the employment,
prospective employment or termination (7) Redistribution or replacement of
of any person or persons by an insured. "your product" which has been
recalled by like products or
d. For purposes of this endorsement, the substitutes;
following definition Is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses (8) Caprice or whim of the Insured;
Definitions: (9) A condition likely to cause loss of
1. "Discrimination" means the unlawful which any Insured knew or had
treatment of individuals based upon race, reason to know at the inception of
color, ethnic origin, gender, religion, age, this insurance;
or sexual preference. "Discrimination" (10)Asbestos, Including loss, damage or
does not include the unlawful treatment clean up resulting from asbestos or
of individuals based upon developmental, asbestos containing materials; or
physical, cognitive, mental, sensory or (11)Recall of "your products" that have
emotional Impairment or any no known or suspected defect solely
combination of these. because a known or suspected
e. This coverage does not apply If liability defect In another of "your producte
coverage for "personal and advertising has been found.
Injury" is excluded either by the provisions of b. The following Is added to SECTION 11 -
the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph
thereto. 3.b.:
7. Product Recall Expense "Product recall expense" arising out of any
a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you
Applicable To Business Liability Coverage, acquired or formed the organization.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with Its permission. Page 4 of 6
c. The following Is added to SECTION II - o1 a deductible amount, you shall
LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the part of the
Limits of Insurance: deductible amount we paid.
Product Recall Expense Limits of Insurance The Product Recall Expense Limits of
a, The Limits of Insurance shown In the Insurance apply separately to each
SUMMARY OF COVERAGES of this consecutive annual period and to any
endorsement and the rules stated below remaining period of less than 12 months,
fix the most that we will pay under this starting with the beginning of the policy
Product Recall Expense Coverage period shown in the Declarations, unless the
regardless of the number of: policy period is extended after Issuance for
an additional period of less than 12 months.
(1) Insureds; In that case, the additional period will be
(2) "Covered Recalls" initiated; or deemed part of the last preceding period for
(3) Number o1 your products" the purposes of determining the Limits of
Insurance.
withdrawn.
b. The Product Recall Expense Aggregate d. The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expense
Limit Is the most that we will reimburse
you for the sum of all "product recall General ce, Offense,
2.Claim
o (n the Event of
expenses" incurred for all "covered Occurrence, ONense, Claim or Suit:
recalls" Initiated during the policy period. You must see to It that the following are
The Product Recall Each Occurrence done in the event of an actual or anticipated
c. T "covered recall" that may result In "product
Limit Is the most Each
we will pay I
recall expense":
connection with any one defect or
deficiency. (1) Give us prompt notice of any discovery
d. All "product recall expenses" In or notification that "your product" must
be withdrawn or recalled. Include
connection with substantially the same
general harmful condition will be reason pfor the witon of hdrawal or recall:ur product' and the
deemed to arise out of the same defect
or deficiency and considered one (2) Cease any further release, shipment,
"occurrence". consignment or any other method of
e. An amount reimbursed for "product distribution of like or similar products
y until It has been determined that all
recall expenses" in connection with any such products are free from defects that
one "occurrence" will reduce the amount could be a cause of loss under this
of the Product Recall Expense Aggregate Insurance.
Limit available for reimbursement of
'product recall expenses" In connection e. For the purposs of this endorsement, the
with any other defect or deficiency. following definitions are added to SECTION
f. If the Product Recall Expense Aggregate 11 - LIABILITY, F. Liability and Medical
Limit has been reduced by Expenses Definitions:
reimbursement of "product recall 1. "Covered recall" means a recall made
expenses" to an amount that Is less than necessary because you or a government
the Product Recall Expense Each body has determined that a known or
Occurrence Limit, the remaining suspected defect, deficiency,
Aggregate Limit Is the most that will be inadequacy, or dangerous condition in
available for reimbursement of "product "your product" has resulted or will result
recall expenses" in connection with any in "bodily injury' or "properly damage".
other defect or deficiency. 2. "Product recall expense(s)" means:
g. Product Recall Deductible a. Necessary and reasonable expenses
We will only pay for the amount of for:
"product recall expenses" which are in (1) Communications, Including radio
excess of the $500 Product Recall or television announcements or
Deductible. The Product Recall printed advertisements including
Deductible applies separately to each stationary, envelopes and
"covered recall". The limits of Insurance postage;
will not be reduced by the amount of this
deductible.
We may, or will If required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with Its permission. Page 6 of 6
4 Hanover
Insurance Croup-
OD3 H007851 1001075
(2) Shipping the recalled products (1) If the "products - completed operations
from any purchaser, distributor or hazard" Is excluded from coverage under
user to the place or places this Coverage Part including any
designated by you; endorsement thereto; or
(3) Remuneration paid to your (2) To "product recall expense" arising out of
regular "employees" for any of "your products" that are otherwise
necessary overtime; excluded from coverage under this
(4) Hiring additional persons, other Coverage Part Including endorsements
than your regular "employees"; thereto.
(5) Expenses incurred by"employees" 8. Unintentional Failure to Disclose Hazards
Including transportation and The following Is added to SECTION II -
accommodations; LIABILITY, E. Liability and Medical Expenses
(6) Expenses to rent additional General Conditions:
warehouse or storage space; Representations
(7) Disposal of "your product", but We will not disclaim coverage under this
only to the extent that specific Coverage Part If you fail to disclose all hazards
methods of destruction other than existing as of the Inception date of the policy
those employed for trash provided such failure Is not Intentional.
discarding or disposal are 9, Unintentional Failure to Notify
required to avoid "bodily Injury"
or "property damage" as a result The following Is added to SECTION 11 -
of such disposal, LIABILITY, E. Liability and Medical Expenses
General Conditions, 2. Duties in the Event of
you Incur exclusively for the purpose Occurrence, Offense, Claim or Suit:
of recalling "your product"; and
b. Your lost profit resulting from such Your rights afforded under this Coverage Part
p 9 shall not be prejudiced If you tall to glue us
"covered recall". notice of an "occurrence", offense, claim or"suit",
I. This Product Recall Expense Coverage does solely due to your reasonable and documented
not apply: belief that the "bodily injury", "property damage"
or "personal and advertising Injury" is not
covered under this Policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc,with Its permission. Page 6 of 6
INSURED: KNN Public Flnanco LLC
POLICY#: OHFD50196e03 POLICY PERIOD: 08/19r2020 TO: 0 811 0/202 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND WAIVER OF SUBROGATION - HIRED AND
NON-OWNED AUTO LIABILITY
MAN-1627 03118
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
HIRED AUTO AND NON-OWNED AUTO LIABILITY
SCHEDULE
Name of Individual(s) or Organizatlon(s):
Where required by contract
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. With respect to the HIRED AUTO AND NOW the following is added to SECTION III —COMMON
OWNED AUTO LIABILITY ENDORSEMENT, the POLICY CONDITIONS (APPLICABLE TO
following is added to paragraph B.2.1.: SECTION 1 — PROPERTY AND SECTION If —
person or entity identified in the SCHEDULE LIABILITY), K. Transfer of Rights of Recovery
The
P Y Against Others to Us, 2. Applicable to SECTION
above is an Additional Insured if you agree in a II— LIABILITY Coverage:
contract, agreement, or permit that such person or
entity be included as an Additional Insured under We waive any right of recovery for "bodily injury'
this policy for a loss we cover under Hired and or 'property damage' we may have against the
Non-Owned Auto Liability Coverage prior to the entity designated in the Schedule above arising
date of loss. out of the maintenance or use of a hired auto or
the use of a non-owned auto.
B. For purpose of this endorsement only, with respect
to the BUSINESSOWNERS COVERAGE FORM,
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
MAN-1627 03118 Includes copyrighted matedal of ISO Insurance SerAces Office,Inc.,vAth its peontssion Page 1 of 1
Request
Date
5/18/2021
Requester Name
Rief, Sunny
Department`
FINANCE
Project Manager Name`
Rief. Sunny
PARTS 1 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE
REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING
WITH THE SOLICITATION OR CONTRACT PROCESS. PART f MUST BE FILED WITH ALL APPROVED
CONTRACTS.
Briefly provide the purpose for the agreement"
As needed financial advisory services for Citywide projects
Estimated cost of the services being sought'
S 30,000.00
Are sufficient funds available to fund this contract?*
J Yes 0No
If no, please explain*
Check below how the services will be obtained:k
C) A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
O MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized.
C) MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized.
O MC 8.61.040(B)(1)—Contract is below simplified acquisition threshold exempt procedure for FEMA/Uniform
Guidance/Federal Grant Funded.
Check if applicable for contract provisions:
O FEMA/Uniform Guidance/Federal Grant Funded(please also indicate on RLS)
Is this contract generally described on the list of professional service contracts approved by the City Council?If
the answer to this question is "No," the contract will require approval from the City Council.)`
Yes 0 No
Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are
budgeted (Please note that a budget check will occur at the object code level):
Business Unit. Fiscal Year* Dollar Amount* Description(auto-populates if account number is
Object Code* valid)•
10040101.69365 2021-2022 S 10,000.00 Other Professional Services
10040101.69365 2022-2023 S 10,000.00 Other Professional Services
10040101.69365 2023-2024 S 10,000.00 Other Professional Services
Approval
Department Head Approval
Department Head Approver
Bulosan. Dahle
Date i
5119f2021
Department Head Action`
No Action Taken
Approve
Reject
Action Notes
Purchasing Approval
Purchasing Approver
Lavak, Glynis
Date
5119t2021
Purchasing Action*
No Action Taken
• Approve
Reject
i
Action Notes
Budget Approval
Budget Approver
Bubenheim. Serena
Date
5/20l2021 Ali
Budget Action•
No Action Taken
Approve
Reject
Action Notes
CFO Approval
CFO Approver
Bulosan, Dahle
Date
5/20/2021
CFO Action'
No Action Taken
Approve
Reject
Action Notes
City Manager Approval
City Manager Approver
Chi, Oliver
Date
5/24/2021
City Manager Action•
No Action Taken
•: Approve
Reject
Action Notes
. . .
J
Request
Date
5/24/2021
Requester Name`
Rief, Sunny
Department`
FINANCE
Project Manager Name*
Rief, Sunny
PARTS 1 &2 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY
THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 8 2 MUST BE FILED WITH ALL
APPROVED CONTRACTS.
Link to the related Laserfiche form(s) here
Name of consultant:"
KNN PUBLIC FINANCE, LLC
Amount of this contract:*
S 30,000.00
Account Number and Contractual Dollar Amount
Business Unit. Fiscal Year' Dollar Amount* Description(auto-populates if account number is
Object Code* valid)*
10040101.69365 2021-2022 S 10,000.00 Other Professional Services
10040101,69365 2022-2023 S 10,000.00 Other Professional Services
10040101.69365 2023-2024 $ 10,000.00 Other Professional Services
Were formal written proposals requested from at least three available qualified consultants?
O Yes (!) No
If no,please explain'
Attach a list of consultants from whom proposals were requested(including a contact telephone number.)*
KNN Contact.docx 11.35KB
Attach Exhibit A, which describes the proposed scope of work.'
KNN Exhibit A.odf 96.49KB
Attach Exhibit B,which describes the payment terms of the contract.*
KNN Exhibit B.pdf 141.46KB
Approval
Department Head Approval
Department Head Approver
Bulosan, Dahle
Date
5/25/2021
Department Head Action'
No Action Taken
• Approve
Reject
Action Notes
Purchasing Approval
Purchasing Approver
Litvak,Glynis
Date
5/25/2021
Purchasing Action
No Action Taken
• Approve
Reject
Action Notes
Budget Approval
----------------
Budget Approver
Bubenheim, Serena
Date
5/25/2021
Budget Action•
No Action Taken
• Approve
Reject
Action Notes
CFO Approval
CFO Approver
Bulosan, Dahle
Date
5/2o/2Q21
CFO Action`
No Action Taken
• Approve
Reject
Action Notes