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HomeMy WebLinkAboutWoodruff, Spradlin & Smart - 2021-08-04 PROFESSIONAL SERVICES CONTRACT 131;fWEFN THE CITY OF I IUNTING'CON BEACH AND WOODRUFF, SPRADIAN & SMMART FOR WORKPLACI: INVES'I-IGA'fIVP. SERVICI:iS THIS AGREI3MI:NT ("Agreement') is made and entered into by and between the City Attorney on behalf of the City of Huntington Beach, a municipal corporation of the State of- California, hereinafter referred to as ."CITY," and WOODRUFF, SPRADL,IN & SMART, a Professional Corporation hereinafter referred to as "CONSULTANT." WHERE AS, the City's I Ionian Resources Department, through the City Attorney's Office desires to engage the services of a consultant to conduct an internal administrative workplace investigation; and 'I-hc 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, TI-11REFORE, it is agreed by CITY and CONSUL;PANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. 'I here services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates 13arbara Railcanu who shall represent it and he its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE, The City Attorney's Office or designee will work with CONSULTANT in the performance of this Agreement. 2 1/103 20/26605 3 05/19-20,1132 1 3. TERM: TIME OF PI RPORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on August 4, 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 December 31, 2021 from (lie 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 CONSUL:fANT. In the event the Commencement Date precedes the Effective Dale, 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 CONSUL:LAN"r on a time and materials basis at the rates specified in Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed fifteen thousand Dollars (515,000). 5. EXTRA WORK In the event CITY requires additional services not included in EAhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from the City Attorney's Office. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. Mf ITIOD OP PAYMENT CONSUL;PANT shall be paid pursuant to the terms of Exhibit "It." 2 1/10320n6605 05/19-204132 2 7. DISPOSITION OF PLANS, ESTIMATES AND O'I'hIIK DOCUMENTS CONSUL:TANT 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 PROJ I;CT completion, whichever shot[ 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 or litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSUL:TANT's (or CONS ULTANT's subcontractors, irony)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 CONSUL:TANT'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. It Regardless of whether subparagraph A or 13 applies, CITY shell be reimbursed by CONSLJL:TANT 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 21/10320/266053 05A 9 W H 32 3 are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCI: CONSULTANT shall obtain and furnish to CITY a prolcssional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of' work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY ofcircumstances or incidents that might give rise to future claims. CONSUI,I'AN"T will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid 21/103201266053 05/19-204132 4 for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnity 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 cacti 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 of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force unlit the work under this Agreement is fully completed and accepted by CITY. Thu requirement for carrying the foregoing insurance coverage shall not derogate from CONSUL;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 hcreinabove required. 11. INDEPENDENT CONTRACTOR CONS UL;PANT 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 2 11103201266053 05/19-204132 5 shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONS ULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSUL TANT 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 CONSUi:TANT. 13. ASSIGNML•'NT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSUL;l•ANT 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. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any Financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 21/10320/266053 0 S/19-20413 2 6 15. NOTICUS Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSUL fANT's agent (as designated in Section I hereinabovc) or to CITY as the situation shall warrant,or by enclosing the saute in a sealed envelope, postage prepaid, and depositing the saute in the United States postal Servicc, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Woodruff, Spradlin & Smart AITN: Brittany Mello Attn: Barbara Railcanu 2000 Main Street 555 Anton Blvd 4200 Huntington Beach, CA 92648 Costa Mesa, CA 92626 16. 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 sane or any other transaction or event. 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning ofthe various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and arc not representative of matters included 211103201266053 05/19-204132 7 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. 19. INTERPRETATION O1-' THIS AGRI 1?MENf 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 allbct the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPI.ICATE ORIGINAL. The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate orignlals, each of which so executed shall, irrespcclive of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 2 V 10320/266053 05/19-204132 x 21. IMMIGRATION ION CONSUL;PANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, compIY with the provisions of the United States Code regarding employment verilication. 22. A"1TORNLY'S 1-'1 13S In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agrcement or to secure the performance licreof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing party. 23. SURVIVAL, Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agrcement, shall so survive. 24. GOVI.`RNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. SIGNATORIGS 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. 26. 1.3NTIRI TY The parties acknowledge mid agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity 21/103201266053 05/19-20,1132 9 to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 27. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of WOODRUFF, SPRADLIN & SMART California Barbara Raileanu By: nA=— L— Oliver Chi —City Manager print name Date 1 (T^f 00 Vy � Michael E. Gates le Michael Attorney Recet"and Me COUNTERPART ��Q�l1/TA:c�"�'y" fib►Clerlt Iola /a/ 21/10320R66053 05/19-204132 10 to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises,agreements or warranties,oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in (his 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. 27. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of WOODRUFF, SPRADLIN & SMART California Barbara Raileanu By: Oliver Chi —City Manager Barbara Raileanu print name Date Michael E. Gates City Attorney COUNTERPART 21/103201266053 05119-204132 to I?allnwr "A" A. S'I'A'1'EMEN'1' OI WORK: (Narrative of work to be performed) Impartial workplace investigative services. B. CONSULTANT'S DU IF'S AND 10ESPONSI131LITIES: 1. Status updates of the progress of the engagement. 2. Submit a comprehensive written report. The report will provide an executive summary of the findings, the methodology used, a discussion of the evidence obtained, and how credibility issues were resolved and detailed findings of the inves(igation. The investigator shall not reach any legal conclusions, or speculate regarding the legal significance of any claim or defense, or make recommendations for discipline. C. CITY'S DUTII::S AND RESPONSIBILITIES: (TIES: I. Inform WSS as to the facts and developments relevant to the WSS's investigation. 2. Provide complete and accurate information, including written materials when requested and, in the context oral) impartial workplace investigation, full access to W]InCSSCS and documents. D. WORK PROORAM/PROJECT SCHEDULE: The investigation shall commence no later than August 20, 2021, and proceed in a timely matter to its conclusion. In the event that [contractor] finds that a completion (late later than December 31, 2021 is necessary, [contractor`] and city shall convene and agree on a specific title extension to a later date certain. 1 Exhibit B EX11113Pf "13" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: The current rate for Barbara Raileanu is $300.00 per hour. Time is billed in increments of one-tenth of an hour. "Transcriptions will be billed at the rate of$2 per recorded minute. If called upon in the future to testify or respond to discovery abort the engagement, Ms. Raileanu agrees to make herself reasonable available to testify and perform work related to such testimony or discover at then applicable current rates for such work. In the event of a rate increase, WSS will notify Client in writing before any increase becomes effective. 13. Time during travel and travel costs will be covered. C. Billin I. All billing shall be done monthly in ten (10) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each ntonth's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date lit the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 11. CONSUI;TANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include It certification by it principal member of CONSUL;TANI's firm that the work has been performed in accordance with the provisions of' this Agreement; and 13) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Exhibit B y 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 CONSUI;1'ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to Cl'i'Y. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged fbr such time. Such invoices shall be approved by CITY if lire work performed is in accordance with the extra work or additional services requcslcd, 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. 3 Exhibit I3 E\HI131'T "I3" I'ayment Schedule I. CONSULTANT shall be entitled to monthly progress payments toward To Fixed We set forth herein in accordance with the following progress and payment sehedules. 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 memberofCONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an MEW of the percentage of work completed. Upon submission of any such invoice, if CTTY is satisfied that CONSULTANT N 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) clays of receipt of the Voice 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 lorth 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. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoke 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 requcstcd. 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 PROF[iSSIONAL SERVICE'S CONTRACT BF I'WEFN THE CITY OF HUNTINGTON REACH AND WOODRUFF, SPRADEIN & SMART FOR WORKPLACE INVESTIGATION SERVICES Table of contents 1 Scope of Services................................................................................................................ 1 2 City Staff Assistance...........................................................................................................2 3 Tenn; Time of Performance................................................................................................2 4 Compensation......................................................................................................................2 5 Boa Work..........................................................................................................................2 GMethod of Pavment................................................................................. ........................... 3 7 Disposition of Plans, Estimates and Other Documents.......................................................3 8 Bold Harmless.................... ................................................................................................3 9 Professional Liability Insurance ..............................................................................4 10 Certificate of lnsmance....................................................................................................... 5 11 1w1cpenclent Contiactor................._....................................................................................G 12 Termination of Agreement.................................................................................................. 6 13 Assignment and Delegation..................................................................................................G 14 Copyrights/Patents ..............................................................................................................7 15 City Employees and Officials.............................................................................................. 7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................8 18 Modification........................................................................................................................8 19 Section Headings................................................................................................................. 8 20 Interpretation of this Agrcement ......................................................................................... 8 21 Duplicate Original...............................................................................................................9 22 Immigration..........................................................................................................................9 23 Legal Services Subcontracting Prohibited ...........................................................................9 24 Attorney's Fees..................................................................................................................... 10 25 SUI'ViVal ................................................................................................................................ 10 26 Governing Law..................................................................................................................... 10 27 Signatories............................................................................................................................ 10 28 Entirely................................................................................................................................. 10 29 Effective Date................................................................................. I I ----sa`lI WOODSPR-01 YCORATHERS , lk. o ' CERTIFICATE OF LIABILITY INSURANCE DATE 112 0 2 YYI �� 1o11vzozl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Narver Asssociates Insurance Agency HCF 423 McGroarty Street ac°°,"NL Ezl: (626)943-2200 wc,Noy(626) 299-1010 San Gabriel,CA 91776 E MAI S INSURERL)AFFORDI.NG COVERAGE NAIC# INSURER A:Sentinel Insurance Company, Ltd 11000 INSURED INsuRERe:Aspen Specialty Insurance Company 10717 Woodruff,Spradlin&Smart, INSURER C:Underwriters at Lloyd's London 15792 555 Anton Blvd.,Suite 1200 INSURER 0: Costa Mesa, CA 92626 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,TRNSR TYPE OF INSURANCE ADOL`SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS IMMIODIYYYYI EACH OCCURRENCE $ A X COMMERCIAL GENERAL LIABILITY 2,000,000 CLAIMS-MADE ❑X OCCUR X 72SBAUW7027 4/12/2021 411212022 DAMAGE TO RENTED $ 1,000,000 MED EXP[nny orw person) S 10,000 PERSONAL B ADVINJURY $ 210001000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED AS TO FORM GENERALAGGREGATE $ 4,000,000 X POLICYEIjer E] LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: is A IF, BINEO SINGLE LIUn POMOBILE LIABILITY HAEL E. GATES $ 2.000,000 m ATTORNEY ANY OWN. EDTD SCHEDULED 72SBACITY O HUNTINGTON BE��2021 4112/2022 BODILY INJURY Perers L�$ AUgqT��O��S ONLYrx AU��T��OOQSWW�N pp BODILY INJURY Per axxtenA(/TOS ONLY AUT050.1LY PRtt omponl AMAGE $ $ A UMBRELLA DAB X OCCUR EACH OCCURRENCE s 5,000,000 EXCESS LIAR CILIUM DE 725 BAUW7027 4/12/2021 4112/2022 AGGREGATE $ 5,000,000 X DED RETENTION$ 10,000 I $ WORKERS COMPENSATION PER STATUTE FR AND EMPLOYERS'LIABILITY y l N ANY PROPRIIETO�RRIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT s IM00deRIM ET ECLUOED9 E.L.DISEASE-EA EMPLOYE $ If yes,desvide ue w DES PERATION RIPTION OF O bebw E.L.DI EAS -POLICY LIMIT S B' Professional Liab. ` LROOl EH2O 11/112020 1 11/112021 lEa.Claim 5,000,000 C Cyber Liability EHJ-AD1008866511 11/1/2020 1 11/112021 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached It more space Is mqulmd) The City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are named as additional insured as respects to the attached General Liability Form SS 00 08 04 05,per written contract or agreement. The General Liability policy includes liability arising out of actions performed by or on behalf of the contractor,products,and completed operations of the contractor;or automobiles leased or borrowed by the contractor and the coverage shall contain no special limitation on the scope of protection afforded to the City,its agents,officers and employees. There Is no deductible on the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOf Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD