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MGT of America Consulting, LLC - 2021-08-02
PROFFSSIONAL SERVICES CON'TRAC T BE'I'\VFEN Il IF CITY OP HUNTINGTON BEACH AND NIGT OF ANIERICA CONSULTING. LLC FOR S13 90 STATE NIANDATED REINIBURSFNIENT CLAIN9S SERVICES -1`1-IIS r\GRI FN4EN'l ("r\grcement") is made and entered into by and between the Cite of' FlUntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY." and N4G'1' OF AN9ERICA CONSULTING. LL.C, a Florida Limited Liability Company, hereinafter referred to as "CONSULTANT." \VI-ILRI]AS. CITY desires to engage the services of a consultant to perform S13 90 State mandated reimbursement claims services: and Pursuant to documentation on file in the otiice of the City Clerk. the provisions of the Huntington Beach Municipal Code. Chapter 3.03, relating to procurement of prolessional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW. TI-IFREFORF, it is agreed by CITY and CONSULTANT as fdllows: I. SCOPE OF SFRVICFS 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 "PRO.IEC'f." CONSULTANT hereby designates Guv Burdick 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. 2 i-99 dn61065 1 0l, 1 1 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on -64 V&A- �, , 20,11 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,a fee, including all costs and expenses, not to exceed Eighteen Thousand Five Hundred Eighty Five Dollars(E18,585). 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." 21-9924/261065 2 of I 1 7. DISPOSITION OP PLANS. F..STEMATES AND OTI-16R DOCUI4ENIS 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 CONSUL:TAN"T 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. 1-101-D 1IARNILESS CONSULTANT hereby agrees to protect. de Fend, 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 lees of litigation of'every nature or liability o1 any kind or nature) arising out of or in connection with CONSULI'ANT's (or CONSULTANT's subcontractors. ifany) 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 CONSULfANT's counsel. This indemnity shall apple 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 CONSUI..TANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSUL.TANI' shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for 21-9924i261065 3 of I 1 CONSULTANT's professional liability in an amount not less than One N9illion Dollars (51,000,000.00) per occurrence and in the aggregate. The above-mentioned insurancc shall not contain a self-insured retention without the express written consent ofCITY; however an insurance policy "deductible" of Tcn Thousand Dollars ($10.000.00) or less is permitted. A claims-made police 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 every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is tetntinated for any reason. CONSULTANT agrees to purchase an extended reporting provision ofat 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 oftcrmination. CONSULTANT waives the right to receive compensation and agrees to indcmnifv the CITY for any work performed prior to approval of insurance by the CITY. 21-9924/261065 4 of I I 10. CERTIFICATE OF INSURANCI= Prior to commencing performance of the work hereunder. CONSUL"IANT shall furnish to CITY a certificate of insurance subject to approval ofthe City Attorney evidencing the toregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of'cach carrier and policy: 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 ol'cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in lorce 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 CONS UL.TANT'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 21 9924/261065 5 of' ] 1 payroll deductions Tor CONSULTANT and its oflicers, agcnts and employees and all business licenses. ifanv. in connection with the PROJECT and/or the services to be performed hereunder. 12. 'II10/11NATION OF AGREEiMENf All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at anv time with or without cause. and whether or not the PROJECT is (idly complete. Any termination of this Agreement by Cl I'Y 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. ASSIGN\4ENT AND DELEGATION This Ageement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONS UL.TANf to anv 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 satisf)1 the insurance requirements as set forth in Sections 9 and 10 hereinabove. II. COPYRIGI-ffS/PA"fENT'S CITY shall own all rights to any patent or copyright on any Nvork, item or material produced as a result of this Agreement. 15. CITY ENIPL.OYEE'S 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 ol'CITY shall have any 2i 99241261065 6 of 1 I financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NO"I-ICES 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 scaled envelope, postage prepaid. and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONS UL.TAN I' may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery. a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach i4GT of Amcrica Consulting. L.L.0 A"CI"N: Sunnv Ricf ATFN: Guy Burdick 2000 Main Street 2251 Harvard Street. Suite 134 I-luntin6ton Beach. CA 92648 Sacramento. CA 95815 (916) 833-7775 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. \gODIPICr1"I"ION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21 9924/261065 7 of I I 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 tnatters 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 AGRLENIENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void. illegal or invalid. such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the contest 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 21 A9241261065 8 of I I 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. ININ41GRATION CONSULTANT shall be responsible for toll 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. 21 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 scope of services contemplated herclmder. CONSULTANT understands that pursuant to Huwin(,,ton Beach Cin, 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 perl'ormance hereol. each party shalt 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 context survive the expiration or termination of this Agreement. shall so survive. 21-992-1/261065 9 0l I I 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each ot'the terms of'this Agreement, and shall indemnity 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 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 b% 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. EFI-ECfIVI DATE This Agreement shall be effective on the date of'its approval by the City Attornev. -['his Agreement shall expire when terminated as provided herein. 21-992.71261065 1001, 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of MGT OF AMERICA CONSULTING, LLC California By: _ Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: 1circle one/Chairman/Presidant/Vice President APPROVED AS TO FORM: AND By. .� ity Attorney print name Date ITS: (circle one)Secretary/Chief Financial Officer/Asst. Sccretary—Treasurer RECEIVE AND FILE: eqiolt�' �&ha,l City Clerk Date COUNTERPART 21-9924rz61065 11 ut 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of MGT OF AMERICA CONSULTING, LLC California By: Director/Chief 3�adle Bu (Pursuant To HBMC§3.03J00) print name ITS: (circle one)Chafrmn;Mii is Preaidem APPROVED AS TO FORM: AND By: ity Attorney prim name Date ITS: (circle any Secretary/Chief Financial Of iicar/Asa. Secretary—T RECEIVE AND FILE: City Clerk Date COUNTERPART 21.9924/261065 11 of I I Exhibit A CITY OF HUNTINGTON BEACH *'eo MGT \ PROPOSALS FOR S6 90 STATE MANDATED CLAIMING SERVICES CONSULTING \ APPROACH AND METHODOLOGY T provides a true turn-key solution for mandated cost claiming services.Our staff is involved with our client's claiming process throughout the year, providing proactive news, reports, and the earliest notification of new SB 90 claims possible. We provid\ur clients program summaries and data collection forms to assist in understanding all of the eligible components of each program. MGT's project manager will complete all claims, all indirect cost rate proposals,and compile all elements of the claims in electronic format and send to the City for review and signature well in advance of the claiming deadline. We will work closely with the SB 90 Coordinator keeping the City apprised of everything we are doing, but it will be MGT's responsibility to manage all aspects of the project. Som\f the key aspects of this include: • Quick and painless contract negotiations and approval • Identify all possible SB\90 claiming opportunities • Prepare and file all eligible annual SB 90 claims with the SCO • Prepare and file all eligible first time or new SB 90 claims that have claiming instructions issued during the given fiscal year\ • Provide assistance with SCO desk reviews and field audits for claims filed by MGT • Assist the City with knowledge transfer and training related to the SB 90 process at the State level and also related to other local agencies in California • Provide a list of claims filed for each fiscal year ANNUAL AND NEW / INITIAL CLAIMS 1. Establish a schedule and approach needed to complete all annual, new or first-time claims due within the fiscal year.This includes interviews with all applicable City department personnel. 2. Assist department staff to understand the specific mandated requirements for each SB 90 program, and how the City complies with the specific reimbursable portions of each program. Eligibility will be determined using the following criteria: \ a. The test claim's statement of decision. b. The California Commission on State Mandates approved parameters and guidelines. c. The SCO's claiming instructions. d. How other agencies around the state are complying with and interpreting the mandate. 3. Prepare all necessary department wide ICRPs in accordance with 2 CFR Part 200.MGT consultants have prepared thousands of ICRPs over the past 25+years. We believe\at our experience has developed a depth of understanding that is unmatched in the field. 4. Receive claims from the City for single department S8 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi-departmental claims will be handled in a similar fashion, but MGT will add an additional level of scrutiny with these claims to ensure no direct costs are double counted. 5. Perform a quality assurance review of the City's SB 90 claims to ensure the costs are supported by appropriate source documentation. � . . PAGE'` 2251 HARVAND STREET,SUITE 134 1 SACRAMENTO,CA 95815 ( ?a \ Exhibit A CITY OF HUNTINGTON BEACH o'©•o MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING APPROACH AND METHODOLOGY MGT provides a true turn-key solution for mandated cost claiming services. Our staff is involved with our client's claiming process throughout the year, providing proactive news, reports, and the earliest notification of new SB 90 claims possible. We provide our clients program summaries and data collection forms to assist in understanding all of the eligible components of each program. MGT's project manager will complete all claims, all indirect cost rate proposals, and compile all elements of the claims in electronic format and send to the City for review and signature well in advance of the claiming deadline. We will work closely with the SB 90 Coordinator keeping the City apprised of everything we are doing, but it will be MGT's responsibility to manage all aspects of the project. Some of the key aspects of this include: • Quick and painless contract negotiations and approval • Identify all possible SB 90 claiming opportunities • Prepare and file all eligible annual SB 90 claims with the SCO • Prepare and file all eligible first time or new SB 90 claims that have claiming instructions issued during the given fiscal year • Provide assistance with SCO desk reviews and field audits for claims filed by MGT • Assist the City with knowledge transfer and training related to the SB 90 process at the State level and also related to other local agencies in California • Provide a list of claims filed for each fiscal year ANNUAL AND NEW / INITIAL CLAIMS 1. Establish a schedule and approach needed to complete all annual, new or first-time claims due within the fiscal year.This includes interviews with all applicable City department personnel. 2. Assist department staff to understand the specific mandated requirements for each SB 90 program, and how the City complies with the specific reimbursable portions of each program. Eligibility will be determined using the following criteria: a. The test claim's statement of decision. b. The California Commission on State Mandates approved parameters and guidelines. c. The SCO's claiming instructions. d. How other agencies around the state are complying with and interpreting the mandate. 3. Prepare all necessary department wide ICRPs in accordance with 2 CFR Part 200. MGT consultants have prepared thousands of ICRPs over the past 25+years. We believe that our experience has developed a depth of understanding that is unmatched in the field. 4. Receive claims from the City for single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi-departmental claims will be handled in a similar fashion, but MGT will add an additional level of scrutiny with these claims to ensure no direct costs are double counted. S. Perform a quality assurance review of the City's SB 90 claims to ensure the costs are supported by appropriate source documentation. ® 2251 HARVARD STREET,SUITE 134 1 SACRAMENTO,CA 95815 PAGE 6 CITY OF HUNTINGTON BEACH oo'o MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING 6. Prepare claims and provide the completed claims and ICRPs to the City for review and signature at least two weeks prior to the claiming deadline. 7. File the signed claims with the SCO prior to the deadline. PROJECT COORDINATION MGT views the SB 90 process as a partnership between Huntington Beach and our firm. MGT will manage all aspects of project coordination,working closely with your SB 90 Coordinator to keep the City apprised of all relevant activity. Some of the key aspects of this coordination include: • Provide the City with a list of all eligible claims, as well as Claim Summary sheets and Data Collection forms. All of these concise summaries and forms are available in a variety of electronic formats (Microsoft Word, Excel, and Adobe PDF) to make use and disbursement of claiming information as easy as possible. • Work in concert with Huntington Beach's SB 90 Coordinator to coordinate the City's overall claiming process. • Work with departments to ensure all data required to file eligible claims is gathered in a timely fashion. Our team works closely with our client departments to ensure all questions are answered and deadlines are met. • Ensure all eligible claims are filed on time and provide the City with written documentation showing which claims were filed and which claims were not filed, and why. DATA COLLECTION The three components of data collection related to this engagement include: direct cost program data, indirect cost data, and supporting documentation. DIRECT COST PROGRAM DATA COLLECTION • Conduct individual meetings with departments to discuss all reimbursable mandated activities. • Develop a schedule and plan for mining the necessary data to ensure claims are completed well before the claiming deadlines. • Gather all required direct cost data. DEPARTMENTAL INDIRECT COST DATA COLLECTION • Gather salary and benefit data from the City or the individual departments for all required fiscal years. • Collect certain pages from the City's 2 CFR cost allocation plan, if the City utilizes one. • Gather information required to prepare 2 CFR Part 200 compliant ICRPs. This will be carried out in concert with other department interviews.It is important that this step occur each year because departments reorganize, assignments shift, new personnel are hired, or personnel retire. SUPPORTING DOCUMENTATION COLLECTION • MGT will work with City departments to determine the documentation that must be submitted to the state as attachments to claims,and what documentation should be maintained in the City's ® 22S1 HARVARD STREET,SUITE 134 1 SACRAMENTO,CA 95815 PAGE 7 CITY OF HUNTINGTON BEACH 000 MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING files in case of the SCO inquiry or field audit. MGT will then collect only the documentation the SCO requires to be submitted. CLAIM PREPARATION Once data has been received from the City, MGT will prepare all eligible claims on behalf of the City using required SCO claim forms. DIRECT COSTS • Prepare all claims that apply to single departments. Once again, our experience will ensure no cost components are misinterpreted or omitted. • Coordinate and prepare all multi-departmental claims. Simply gathering data for mandates that span different departments is not enough. The data must be cross-referenced and analyzed to ensure each department is capturing cost data for the same cases and are not misclassifying certain cases, a very common occurrence. INDIRECT COSTS • Prepare ICRPs, and all support documents for all claiming departments. Obtain approval from each subject department for all ICRPs to be used in conjunction with current SB 90 claims, as well as the SB 90 Coordinator. The ICRPs provide an approved method for claiming departmental indirect costs. At this step, it is vital to ensure no staff time being claimed as a direct cost in the claim, is included in the ICRP. FILING PROCEDURES MGT will provide the City's SB 90 Coordinator with a clear, understandable process for receiving the completed claims/ICRPs and obtaining the necessary signatures. • MGT will perform one final quality control check to ensure the City has signed two original coversheets, all parts of the claim are included, and required documentation is attached. • MGT will hand deliver all signed claims received from the City to the SCO on or before the stated deadline. We will also provide the SCO a claims receipt for their staff to sign and return. • MGT submits hard copies of all claims to the SCO. ONGOING SUPPORT & STATUS UPDATES The claiming process is obviously the key aspect of this engagement, but the ongoing support services that MGT offers are important complimentary services to continuously upgrading the City's knowledge base, relations, and communications with the state and contract agencies, and anticipation of changes to the claiming process. COMMUNICATING WITH STATE OFFICIALS STATE LIAISON ASSISTANCE MGT will monitor State Controller requests or issues that could affect the City's SB 90 claims. ® 2251 HARVARD STREET,SUITE 134 1 SACRAMENTO,CA 9SS15 PAGE 8 CITY OF HUNTINGTON BEACH o'oo MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING MGT will also provide liaison assistance with the SCO at the desk review level for all MGT claims filed.The SCO may call requesting additional information, or duplicate documentation that may have been misplaced in their offices. Our firm will field these calls and fulfill all appropriate requests without the need for City involvement if possible. In addition, our staff has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. MGT will offer assistance and response on any current or future field audits that may result from MGT claims filed in the past. AUDIT ASSISTANCE & PROTECTION Nobody wants to see the SCO auditing their claims,but higher levels of scrutiny are a fact of life. Our team has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. Mr. Burgess and Mr. Burdick have assisted dozens of California cities and counties to file audit responses when there is a disagreement with the SCO audit findings. The City of Huntington Beach will have our seasoned experts working on the City's behalf on this project. PROPOSED FEE MGT proposes to complete all aspects of this proposal for annual claims and new or initial claims released by the State Controller during the 2021-2022 fiscal year for a fixed fee of six thousand one hundred ninety-five dollars ($6,195). This fee is inclusive of all other charges such as travel and administrative expenses. 2020-21 Claims issued 2021-22 Claims issued 2022-23 Claims issued during 2021-22 during 2022-23 during 2023-24 $6,195 $6,195 $6,195 fixed fee, billable an a semi-annual basis The price quoted for services is all inclusive.There are no caps on number of claims, audit support, or meetings—our level of customer service to the City is unlimited. MGT will not bill you for travel time or expenses, additional time for on-site meetings, or additional claims. MGT wants to be City's partner in this process for the next three years and beyond. ® 22S1 HARVARD STREET,SUITE 134 1 SACRAMENTO,CA 95815 PAGE 9 EXHI131T "B" Payment Schedule (Fixed fee Payment) 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 cope of every memorandum, letter, report. calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress tow:u'd completion of tasks. In the event CITY rejects or has comments on any such product. CITY shall identify specific requirements for satisfactory completion. 3. CONSUI:PANT 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 ofCONSUL fANT'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' Cll l' 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 ofthe 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. d. 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 13 PROFESSIONAL S6IZVICIiS CONTRACT BETWEEN THE CITY OF I IUNTINGTON BEACH AND FOR Table of Contents IScope of Serviecs.................................._............................................................................ I 2 City Stafi Asslstance...........................................................................................................2 3 Term: Time of Pcrlbrmanee....._.........................................................................................2 4 Compensation........................................................................................................... ......_... 2 5 Extra Work..........................................................................................................................2 6 Method of Payment............................................................................................................. 3 7 Disposition of Plans. Estimates and Other Documents....................................................... 3 8 I lold armless......... ..........................................................................................................3 9 Professional Liability Insurance ....................................................................._.......4 10 Certificate of Insurance....._..................................... .......................................................... 5 11 Independent Contractor.......................................................................................................6 12 Termination of Agreement............................................................................I.....................6 13 Assignment and Delegation............................... .................................................................. 6 14 Copyrights/Patents .............................................................................................................. i 15 Citv Employees and Officials............................. ................................................................ 7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................ 8 18 Modification........................................................................................................................ 8 19 Section I-leadings................................................................................................................. 8 20 Interpretation of this Agreement ......................................................................................... 8 21 Duplicate Original........ ................................ ..................................................................... 9 22 Immi_ration............................................................................_............................................9 23 Legal Services Subcontracting Prohibited ......................................._............................._...9 24 Attorney's Pees..................................................................................................................... 10 25 Survival ................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Snnatorres...................................................... ...... 28 Lntitety................................................................................................................................. IO 29 Ef lecttye Date................................................................................. I I .�� MGTOFAM-01 CRY.STAL qC Of2LJ' — f DAM jMMIDONYYYJ CERTIFICATE OF LIABILITY INSURANCE I 6/24/2021 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 provisions or be endorsed It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may req Ulro an endorsonmTt. A statanient on this certificate does not confor rights to the certificate holder In fail of sucfh�E�nidorsoment(s). PRODUCER N.MIEACT Earl Bacon Agoncyy Inc. PHONE FAX Post Office Box 12039 .1 vq,No,Raq:(850)878-2121 (Alq Npi:(850)878-2128 Tallahassee,FL 32317 WR ADfSftE55' INSURER(S)AFFORDING COVERAGE NAICN INSURrRA:American Casually Company of RoadinLU, PA 20427 INSURED -INSURER R:Continental_Casually_Company 20443 MGT of America,LLC INsuREg MGT of America Consulting, LLC c:Transportatlon In nysurance Compa 20494 4320 West Kannady Blvd. INSURER wHOUslon Casualty Company Tampa, FL 33609-2118 INSURER E: INSURERF; _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TIIIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED DELOW HAVE BEEN ISSUED 1'O THL INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHER DOCUMENTVATH RESPFCTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 1HE INSURANCE AFFORD11D BY THE POLICIES DESCRIBED HEREIN IS SUBJECI TOALLTILETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIh1I'rS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR� TYI•E OF INS IR URANCE ADDL SUER POLICY NUhIUER POLICY F.FF POIJCYEXP LIMITS LhJI D1YYYY 1MJNUDn7Y.Y)I A X CO:Af.IF.RCIALGENLRALI.IADII.ITY EACH OOCUINFU NCE S 1,000,000 _I CLAIMS-6IAUE I�OCCUR X X 5095130327 71112021 71112022 j OAMAD110RENi EU 300,000 LPREUISE6_(Eb=wre )__$ _ MEDFXP An cx�.poucni $ 15,000 _ PERSONAL&AOV INJURY $ 1,000,000 OWL AGGREGG E pL�IMpY AIW_LIEIS PER: GFNFFtM AOGRFGATF. 5 2,000,000 POLICY L1 JEtCI IJ LOC I PRODUCTS-CO:APAOPAGG S 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMUINEDSINGLE UMJT 1,000,000 (Ea aredlutU _ ANY AUfO _ X X 2093563501 7/1/2021 7/1/2022 UODILYINJURY(yw,a,anL 5 OWNED SCI IFOULEO I AUTEO�S CNI.Y _ AU�rNOSm Ep pBOODILYINJURY(Pa ecUtlan:11S x AII7OS CNLY X AUTOti OVNI.Y -{PoOr ucEQI Af tAGF. i 5 B X UMBRELLA LIAU X OCCUR i 5,000,000 _ FACII OCCURRENCE � $ _ EXCESS LIAR CLAIMS MADE 2093563496 7/1/2021 7/1/2022 5,000,000 AGGREGATES DF.D X1 RETENTIONS 10,000 Cris Mgmt Expert $ 300,000 C WORKERS COMPENSATION X PERT OTH- I AND EMPLOYERS'LIAOILIIY SSALUTLI_I_ER__l Y,/lr 3011086788 7/1/2021 711/2022 1,000,000 ANY PEOPRIETOR EX LUDEDXf:CUTIVr: X F.L.FACII ACCIDENT $ _ QQF�FICEILI,ri 4)EXCLUUEUi IL NIA - IMande(a n 1 EA DISFASIi IfAIiMPLOYFF $ 1,000,000 Ifodopdbe undo piS 1,000,000 PA _ E p Cyber Liability H21 NGP208777.00 71112021 7/112022 OCC&AGG 5,000,000 B Professional and 652348440 71112021 7/112022 E & 0 Llability 6,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES IACORD 101,Additional Romarka Schedule,may be attached if more space is te,ifed) Blanket Additional Insured per attached forms Blanket Walvar of Subrogation per attachod forms Notice of Cancellation to Certificate Holders per attached forms APPROVED AS TO FOR Slop Gap Liability Coverage for Ohlo and Washington 500,0001500,0001500,001) By, i )l MCITY ATTORNEYS OF HUNTINGTON BEACH CERTIFICATE 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 AUTHORIZED REPRESENTATIVE Its officers and employees / 2000 Main St. Huntington-LLD ACORD 25(2016103) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA Business Auto Policy Policy Endorsement ' I Lff . ea o o + r o o n • I I I t It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: :SCHEDULE,.: ���. ,:�:- 'x `.r:-r•s: Ni3me of Additi'irial Insure ii P@rson Or:i nization,`dSM per issued certificate 0 Y 1. In conformance with paragraph A.l.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. S 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this m policy. P O .°� All other terms and conditions of the policy remain unchanged R This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No:CNA71527XX (10-2012) Policy No: BUA 2093563501 Endorsement No: 14; Page: 1 of 1 Underwriting Company:American Casualty Company of Reading. Pennsylvania, 151 N Franklin St, i Chicago, IL 60606 o Cwydght CNA All Rights Reserved. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium) : 30 Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent : per issued certificate m 0 8 0 a t >s� CNA74702XX 01-15 Policy No: 5095130327 Page 1 of 2 Endorsement No: 22 AMERICAN CASUALTY CO OF READING,PA Insured Name:MGT OF AMERICA CONSULTING LLC . CopYdgm CNA Al R%it"R030rvW. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule . All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. m S S t s am a CNA74702YX 01-15 POIicyNo: 5095130327 Page 2 of 2 Endorsement No: 22 AMERICAN CASUALTY CO OF READING,PA Insured Name:MGT OF AMERICA CONSULTING LLC. CoPyd9M CNA AG Ftlgh%ResbmW. ��� Workers Compensation And Employers Liability Insurance Policyholder Notice It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:CC68021 A 102-2013I Policy No:WC 3 11086788 I Policyholder Notice: Page: 1 of 1 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, It. 60606 Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement ' � o 0 0 o • o 0 o a • E I - 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 perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. i o y Schedule z Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. 8 ;This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, :takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. S Q v i Form No:WC 00 03 13 (04-1984) Policy No:WC 3 11086712 Endorsement No: 23; Page: 1 of 1 Underwriting Company:Valley Forge Insurance Company, 151 N Franklin St, Chicago. IL 60606 Copyright 1983 National Council on Compensation Insurance. POLICY NUMBER INSURBD NAME AND ADDRESS P 2093563501 NGT OF AMERICA CONSULTING, LLC . 4320 WEST KENNEDY BLVD. TAMPA, FL 33609-2118 i COMM[XRCIAL AUTOMOBILE L0SS PAYEE SCHEDULE "Any Lose Payee that has a financial interest in a covered -auto' for which we are providing physical damage coverage for that covered "auto" under this policy.- INSURED Page 8 of 13 POi•T!`Y pjDNHEp 7N CRAF.D NAMP. AND ADDARQG P 2093563501 N.GT OF AMERICA CONSULTING, LLC . 4320 WEST KENNEDY BLVD. TAMPA, FL 33609-2118 ADDITIONAL INSURED - LESSOR SCHEDULE -Any Lessor of a covered °auto° for which we are providing any coverage for that covered 'auto- under this policy.° Qe S 0 Q3 x g 8 INSURED Page 9 of 13 pi CNA72315XX CNA (Ed. 02/13) NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Farm,we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium. ;a Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: PER ISSUED CERTIFICATE Attention: Street Address: City, State,ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. R s s 0 B Q O_ CNA72315XX (02113) Page 1 of 1 Insured Name: MGT OF AMERICA CONSULTING, LLC. Copyright CNA AO Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policyholder Notice It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged- This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Datel is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:CC68021A(02-20131 Policy No:WC 3 11086712 Policyholder Notice: Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 t Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement I' This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us-) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Farm No: G-19160-8 111.1997) Poliry No:WC 3 11086788 Underwriting Company: Transportation Insurance Company, 151 N Franklin St. Chicago,IL 60606 a Copyright CNA All Rights Reserved. CNA CNAPARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but onlywith respect to liabilityfor bodily injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage:and 2. this coverage part provides such coverage. If. But if the written contract requires: A. additional insured coverage under the 11-65 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B. additional insured coverage with "arising out of language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily Injury,property damage or personal and advertising Injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or g B. a higher limit of insurance than required by the written contract. @ IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A. the rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving,or failing to prepare or approve maps,shop drawings, opinions, reports, surveys, o� field orders,change orders or drawings and specifications:and 2. supervisory,inspection,architectural or engineering activities;or e t= B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to B add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 5095130327 Page 1 of 2 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF hNERICA CONSULTING, LLC. Cop"M CNA All Righ6 Resenee. Incues copyr i;Mee material of In_acence sernces Ogre.Inc.,with rt pervasion. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2, primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherNise cooperate with the Insurer in the investigation, defense,or settlement of the claim; and 3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnity an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 5095130327 Page 2 of 2 AMERICAN CASUALTY CO OF READING, PA Insured Name:MGT OF AMERICA CONSULTING, LLC. Copy,YjN CNA AO Ri"Rewn d. Iru]udes mpyyNed material of Insurance SCMCea Once.IM.WWI 6s permssbn. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes a effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. s CNA75008XX(10-16) Policv No: S095130327 Page 1 of 1 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. CopyAght CNA AD Rghp Rewrved. lwwes copyrigme material of Insamnce SeMces OYce,Inc.,wb is permlasion CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construction Or service project away from premises the Named Insured awns Or rents, a separate Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard;and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. Il. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the products. completed operations hazard;and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations,depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. when coverage for liability arising out of the products completed operations hazard is provided, any payments for R damages because of bodily injury or property damage included in the products-completed operations hazard will a reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, ji specifications or timetables,such project will still be deemed to be the same project. A. The provisions of LIMITS OF INSURANCE not Otherwise modified by this endorsement shall continue to apply as stipulated. a All other terms and conditions of the Policy remain unchanged. � This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour staled in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. a C CNA75061XX(1-15) Policy No: 5095130327 Page 1 of 1 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. Copyright CNA M Rights Reserved. Includes copyngMed material or Insurance Services Once,Inc„w h C peneis, CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement It is understood and agreed as follows: A. Section II — Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for bodily Injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 (04-13) Policy No: 5095130327 Page 2 of 2 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. Copyright Insurance Services Office, Inc„2012 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused, in whole or in part, by: 1. Your acts or omissions.or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010(04-13) Policy No: 5095130327 Page 2 of 2 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. Copyright Insurance Services Office, Inc.,2012 Error: Subreport could not be shown. Receipt PAYMENT RECEIPT: CASHIER: DATE: Record Information Record Number Record Name Site Address Tax Acct ID Payment Information Method Reference No Comments Transaction Amount Refund CLOSED BL AS OF 08/31/2021 $75.00 Total Due: $75.00 Payor Total Payment: $75.00 CITY OF HUNTINGTON BEACH Change Due: $0.00 Page 1 of 1