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HomeMy WebLinkAboutRaftelis Financial Consultants - 2022-10-03 AMENDMENT NO. 2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RAFTELIS FINANCIAL CONSULTANTS, INC. FOR WATER RATE STUDY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and RAFTELIS FINANCIAL CONSULTANTS, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated October 3, 2022, entitled"Service Agreement Between the City of Huntington Beach and Raftelis Financial Consultants, Inc. for Water Rate Study"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. SCOPE OF WORK The Scope of Work of the Agreement is amended to include the additional duties as set forth in Exhibit"A. 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Thousand Two Hundred Thirty-Six Dollars ($3,236.00). The additional sum shall be added to the original sum of Ninety- 24-15376/354627 - 1 Five Thousand Seven Hundred Sixty Three Dollars ($95,763.00), for a new contract amount not to exceed Ninety Eight Thousand Nine Hundred Ninety Nine Dollars ($98,999.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers onblX,ez___ 2 , 2024. RAFTELIS FINANCIAL CONSULTANTS, CITY OF HUNTINGTON BEACH, a INC. ri municipal corporation of the State of By: 0 �-� Calif 1 rT6 fie r faridt op t� 0,34. print name ITS: (circle one)Chairm. ' esiden ice President Mayor 9,7/...,/,,,hd AND By: NAA,A1 AA City le k /O/Zz/.2t k/C ' I e INITIATED D PROVED: print n. • ircle one ecretaryLChief Financial fficer/ sst. Secretary-Treasurer Director of Pu lic Works APPROVE ORM: QC Cit Attorney 24-15376/354627 2 ., 64*i Client/1: 1722483 RAFTEFIN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(h1hUDD/YYYY)1/11/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brad Christensen USI Insurance Svcs,Charlotte PHONE FAX (NC,No,Ext): (A/C,No): 6100 Fairview Road Ste 1400 V,IDVESS: brad.christensen@usi.com Charlotte,NC 28210 800 868-8834 INSURER(S)AFFORDING COVERAGE NAIC r INSURER A:National Fire Insurance Co.of Hartford 20478 INSURED INSURER e:Continental Insurance Company 35289 Raftelis Financial Consultants,Inc. American CasualtyCompany of Reading PA 20427 227 West Trade Street,Ste.1400 INSURERC: _P Y 9 INSURER D:Beazley Insurance Company,Inc. 37540 Charlotte, NC 28202 Surety Travelers Casualty& Co.of Amer 31194 INSURER E: INSURER F:Continental Casualty Company 20443 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/OD D//YYYY) (MM/DYYYY) A X COMMERCIAL GENERALLIABILITY 6076000011 01/21/2024 01/21/2025i EACH A��OCCURRENCE $1,000,000 ICLAIMS-MADE X OCCUR PREMISES(EaEoNc 1Jrrrrence) $500,000 h1ED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I I JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: _$ F AUTOMOBILE LIABILITY BUA6076000025 01/21/2024 01/21/2025lEoaBINeDswGLELIMIT $1,000,000 _ ANY AUTO BODILY INJURY(Per person) $ —OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS X AU HIRTOSED ONLY X AUT NON-OOS ONLY WNED PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLALIAB X OCCUR CUE6076000039 01/21/2024 01/21I2025 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X)RETENTION$10000 $ C WORKERS COMPENSATION WC6076305637 01/21/2024 01/21/2025(X STATUTE ERH AND EMPLOYERS'LIABILITY ANY IPROPRIETOR/PARTNER/EXECUTIVE RWMEMBOERPAREXCLDED ECUTIVEYN N/A WC6076000042 01/21/2024 01/21/2025 E.L.EACH ACCIDENT $1000,000 OF(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 D Cyber W314D6240201 01/21/2024 01/21/2025 $5,000,000 Limit E Crime 107207373 01/21/2024 01/21/2025 $1,000,000 Limit F Professional 652071235 01/21/2024 01/21/2020 $5,000,000 Limit DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach,it officers,elected or appointed officials,employees,agents and volunteers are included as an Additional Insured with respect to General Liability,Automobile and Umbrella will follow form as per written contract. The coverage afforded to the Additional Insured is on a Primary and Non Contributory basis for General Liability,Automobile and Umbrella if required by written contract.Waiver of Subrogation applies to General Liability,Automobile,Workers Compensation and Umbrella polMEAC?ISIs TO FORM (See Attached Descriptions) By: CERTIFICATE HOLDER CANCELLATION MICNAFI F. GATFS ANYE P (�jCITYY}com AATTORNEY }� City of Huntington Beach Attn: THESHO ULD EXPIRATIONHDATE E VTHEIIEOF; 1C 7E �L LNERED IN Alvin Papa ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S43319881/M43288916 SACT DESCRIPTIONS (Continued from Page 1) the above listed Additional Insured per written contract.A 30 day notice of cancellation will be given except for non-payment of premium will be 10 days if required by written contract. SAGITTA 25.3(2016/03) 2 of 2 #S433198811M43288916 CNA CNA PARAMOUNT Additional Insured - Designated Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person Or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by: the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: 1. in the performance of the Named Insured's ongoing operations;or 2. in connection with premises owned by or rented to the Named Insured. B. However, if coverage for the additional Insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional Insured with: 1. coverage broader than required by such contract or agreement;or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to bodily injury or property damage included within the products-completed operations hazard. 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. CNA74745XX(1-15) Policy No: 6076000011 Page 1 of 1 Endorsement No: 25 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Completed Operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organizatlon(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS S S CG 20 37 12 19 Policy No: 6076000011 Page 1 of 2 Endorsement No: 60 Nat'l Fire Ins Co of Hartford Effective Date: 01/31/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees Or Contractors - Completed Operations Location And Description Of Completed Operations Information required to complete this Schedule,if not shown above,will be shown in the Declarations. 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 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Policy No: 6076000011 Page 2 of 2 Endorsement No: 60 Nat'l Fire Ins Co of Hartford Effective Date: 01/31/2024 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury—Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability—Damage To Premises 12. Medical Payments 13. Non-owned Aircraft Coverage 14. Non-owned Watercraft 15. Personal And Advertising Injury—Discrimination or Humiliation 16. Personal And Advertising Injury-Contractual Liability 17. Property Damage-Elevators $ 18. Supplementary Payments 19. Unintentional Failure To Disclose Hazards 20. Waiver of Subrogation—Blanket EEE CNA74879XX(1-15) Policy No: 6076000011 Page 1 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer wilt not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through K.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74879XX(1-15) Policy No: 6076000011 Page 2 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily r injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or S b. the construction,erection,or removal of elevators;or c. the ownership,maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. •With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. CNA74879XX(1-15) Policy No: 6076000011 Page 3 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business,provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily Injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of thecontract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments,tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, In connection with the. distribution or sale of the products; f. demonstration, installation,servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which,after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for such person or organization;or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d.or f.above;or (2) such inspections,adjustments,tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. 2. This Paragraph J.does not apply to any Insured person or organization,from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA74B79XX(1-15) Policy No: 6076000011 Page 4 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 3. This Paragraph J.also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. for bodily injury or property damage included within the products-completed operations hazard; nor 3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement,the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION g Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE — The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured, to a partner,executive officer, manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE CNA74879XX(1-15) Policy No: 6076000011 Page 5 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right,pursuant to a written trust agreement, to protect,control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative,or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. CNA74879XX(1-15) Policy No: 6076000011 Page 6 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT General Liability Extension Endorsement 7. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability,the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: mamma === Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. CNA74879XX(1-15) Policy No: 6076000011 Page 7 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: CNA74879XX(1-15) Policy No: 6076000011 Page 8 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA Ali Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations,except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to gits interest in such joint venture,partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. 11. LEGAL LIABILITY—DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the CNA74879XX(1-15) Policy No: 6076000011 Page 9 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6.(the Damage To Premises Rented To You Limit)and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner;and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is$200,000.unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii),and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured's care,custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit)and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily Injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ;or (2) the amount shown in the Declarations for Medical Expense Limit, B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: CNA74879XX(1-15) Policy No: 6076000011 Page 10 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. includes copyrighted material of insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT General Liability Extension Endorsement The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured,provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but $ only if such discrimination or humiliation is not done intentionally by or at the direction of: lD s (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. .:r.. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. CNA74879XX(1-15) Policy No: 6076000011 Page 11 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1.ADDITIONAL INSUREDS of this endorsement;or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement;or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an Insured contract,reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising Injury provided: (a) liability to such party for, or for the cost of, that parry's defense has also been assumed in such insured contract;and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety,and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising Injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph,the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND B: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2)of the Contractual Liability exclusion(as amended by this Endorsement),such payments will CNA74879XX(1-15) Policy No: 6076000011 Page 12 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and(6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b.is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of$250 shown for daily loss of earnings and replace it with a $1,000.limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1. 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. 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. - CNA74879XX(1-15) Policy No: 6076000011 Page 13 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RAFTELIS FINANCIAL CONSULTANTS, INC. FOR WATER RATE STUDY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and RAFTELIS FINANCIAL CONSULTANTS, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated 3, OctoberA 2022, entitled"Service Agreement Between the City of Huntington Beach and Raftelis Financial Consultants, Inc. for Water Rate Study"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. SCOPE OF WORK The Scope of Work of the Agreement is amended to include the additional duties as set forth in Exhibit"A:' 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Sixteen Thousand Four Hundred Ninety Six Dollars ($16,496.00). The additional sum shall be added to the original sum of 23-13902/327014 1 Seventy Nine Thousand Two Hundred Sixty Seven Dollars ($79,267.00), for a new contract amount not to exceed Ninety Five Thousand Seven Hundred Sixty Three Dollars ($95,763.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on V(Ai,j 211 2.x.J1 , 2023. RAFTELIS FINANCIAL CONSULTANTS, CITY OF HUNTINGTON BEACH, a INC. municipal corporation of the State of Califo WAlli Tei cSran f tes. t.CED ` lio print name f'' Cn — ITS: (circle one)Chairman/PresidentNice President Mayor AND , qZhtiltaittd By IAA- dies ��j City Cler 11 y I f A L MGl v► V<i INITIATED AND APPROVED: print name ITS: (circle one)Secretar hief Financial Offic frAsst. Secretary-Treasurer Director of Public Works APPROVED A RM: tty ttorney 23-13902/327014 2 Exhibit A 445 S.Figueroa Street F � � � � Phone 213.262.9308 www.raftelis.com Suite 1925 Fax 828.484.2442 Los Angeles,CA 90071 November 11,2023 Alvin Papa Director of Public Works Director City of Huntington Beach 2000 Main St. Huntington Beach,CA 92648 Sublect: Contract Amendment to Complete the Water Rate Study Dear Mr. Papa, The water rate study commenced in November of 2022.As you know,we completed a major portion of the study and were directed to temporarily delay the study, picking back up around May of 2023. As of the above date,the project effort is over budget by$6,700. Though the project is well along, and the modeling is complete we still need to complete the following: 1) a report, 2) a city council presentation and 3) a public hearing If you wish to include additional tasks or a contingency for other items please let me know. We respectfully submit this contract amendment request to complete the study.There are a few factors which led to this request: 1) Starting and stopping the study and combining it with a wastewater rate study caused us to revisit several items and added extra meetings to the project as explained In Item 5 below.We budgeted for a total of 4 meetings and have exceeded this budget. 2) We modeled two separate reserves: a sustainability reserve and a resiliency reserve which we originally had not budgeted for. 3) Raftells originally budgeted for communications for the water study only. We have since gladly taken on communications for both the water and wastewater rate study and submitted a separate change order for additional scope,however,the scope has continued to evolve necessitating this change order. The communications effort has had higher than anticipated changes as materials were developed, which caused rework/additional effort. We are pleased to assist with the communications for both studies. 4) Four additional unplanned meetings were added: one to meet the wastewater consultant,two regarding Assistant or City Manager presentations, and one for city council one-on-one presentations. The below table shows our anticipated hours and fee to complete the study by task. Please let me know if you have any questions or wish to change this contract amendment request.We enjoy working with you and your staff and look forward to completing a successful study) Sincerely, RAFTELIS FINANCIAL CONSULTANTS,INC. Exhibit B • Steve Gagnon,PE(Licensed in AZ) Vice President • Cell:714 3512013 Email:Sgaenon@raftelis.com Proposed Contract Amendment . •• Huntington Beach Hours Number of In-Person Total Fees& Tasks Meetings PD PM APM CS SC Total Expenses ?Water.Rate..Study.Repor#. . i::•::••:` •...::�...... .... .. .....: .:............ ....`i is iClty Council.presentation.: i ; 3 ::; :::i'.'., ::. :i: 5.:;: ':. ::. 1. ':: 2:. !:.::: 8.:.:•.:::;,';.:.$2,613. ::,: iPu llc Hear ing ...:.....:::.:�::..�:::.�;::::: �:':.. `:i :`... .;��.`: is �':':.:............• 2 • 0 j...- 14 ' 10 2 I 42 68 $350 $375 $260 $250 $175 $0 $5,250 $2,600 $500 1 $7,350 $15,700 Total Fees $15,700 PM-Project Manager,Steve Total Expenses $796 • Gagnon,PE(AZ) — Total Fees&Expenses $41*-9-% APM-Theresa Jurotich,PE SC-Staff Consultants CS-Communications Staff, Gina DePinto APR GD-Graphic Designer ` Client#: 1722483 RAFTEFIN ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMlODIYYYY)1/11/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brad Christensen USI Insurance Svcs,Charlotte PHONE - I PAX (A/C,No,Ext): I(A/C,No): 6100 Fairview Road Ste 1400 nooaess: brad.christensen@usi.com Charlotte,NC 28210 INSURER(S)AFFORDING COVERAGE _ NAIC 800 868-8834 National Fire Insurance Co.of Hartford 20478 INSURER A INSURED INSURER B;Continental Insurance Company 35289 Raftelis Financial Consultants,Inc. CompanyReading American CasualtyCom an of PA 20427 INSURER C: 227 West Trade Street,Ste.1400 BeazleyCompany, INSURER D: Insurance Inc. 37540 Charlotte,NC 28202 YSurety INSURER E:Travelers Casualt & Co.of Amer 31194 INSURER F:Continental Casualty Company 20443 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. INSRT TYPE OF INSURANCE NSRLIWVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MOLIC/YEFF {POLICY EXP A X COMMERCIAL GENERAL LIABILITY 6076000011 01/21/2024 01/21/2025 EACH OCCURRENCE S1,000,000 CLAIMS-MADE X OCCUR PREMISES(EaEotarrence) $500,000 MED EXP(Any one person) $1.5,000 PERSONAL&ADV INJURY S 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT X LOC PRODUCTS-COMP/OPAGG s2,000,000 OTHER: $ F AUTOMOBILE LIABILITY BUA6076000025 01/21/2024 01/21/2025 COMBINEdent)D SINGLE LIMIT $1,000,000 (Ea acci ANY AUTO BODILY INJURY(Per person) s - OWNED SCHEDULED BODILY INJURY(Pe(accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S X AUTOS ONLY X AUTOS ONLY _(Per accident) S B x UMBRELLA LIAB X OCCUR CUE6076000039 01/21/2024 01/21/2025 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 BED X RETENTION$10000 _ S C WORKERS COMPENSATION WC6076305637 01/21/2024 01121/2025i X STATUTE OTH- t;R . AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC6076000042 01/21/2024 01/21/2025 E.L.EACH ACCIDENT S1,000,000 OFFICER/MEMBER EXCLUDED? [ N, N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ _ E.L.DISEASE-POLICY LIMIT $1,000,000 D Cyber W314D6240201 01/21/2024 01/21/2025 $5,000,000 Limit E Crime 107207373 01/21/2024 01121/2025 $1,000,000 Limit F Professional 652071235 01/21/2024 01/21/2020' $5,000,000 Limit DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Huntington Beach, it officers,elected or appointed officials,employees,agents and volunteers are included as an Additional Insured with respect to General Liability,Automobile and Umbrella will follow form as per written contract. The coverage afforded to the Additional Insured is on a Primary and Non Contributory basis for General Liability,Automobile and Umbrella if required by written contract.Waiver of Subrogation applies to General Liability,Automobile,Workers Compensation and Umbrella poll6ETERYgi l TO FORM (See Attached Descriptions) By. CERTIFICATE HOLDER CANCELLATION MIC.HAF( E.GATFS PP ���}}CITY}AATTORNEY SHOCity of Huntington Beach Attn: THEU EXPIRATIONLD ANY DATF EDATE ABOVEE TH REOF NICE Mitt!' t' EDO IN Alvin Papa ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S43319881/M43288916 SACT DESCRIPTIONS (Continued from Page 1) the above listed Additional Insured per written contract.A 30 day notice of cancellation will be given except for non-payment of premium will be 10 days if required by written contract. • SAGITTA 25.3(2016/03) 2 of 2 #S43319881/M43288916 • CNA CNA PARAMOUNT Additional Insured - Designated Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person Or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by: the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: 1. in the performance of the Named Insured's ongoing operations;or 2. in connection with premises owned by or rented to the Named Insured. B. However, if coverage for the additional Insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional Insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to bodily injury or property damage included within the products-completed operations hazard. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. 8 S 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. EEE CNA74745XX(1-15) Policy No: 6076000011 Page 1 of 1 Endorsement No: 25 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Completed Operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS S 8 CG 20 37 12 19 Policy No: 6076000011 Page 1 of 2 Endorsement No: 60 Nat'1 Fire Ins Co of Hartford Effective Date: 01/31/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Completed Operations Location And Description Of Completed Operations Information required to complete this Schedule,if not shown above,will be shown in the Declarations. 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 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Policy No: 6076000011 Page 2 of 2 Endorsement No: 60 Nat'l Fire Ins Co of Hartford Effective Date: 01/31/2029 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury—Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability—Damage To Premises 12. Medical Payments 13. Non-owned Aircraft Coverage 14. Non-owned Watercraft 15. Personal And Advertising Injury—Discrimination or Humiliation 16. Personal And Advertising Injury-Contractual Liability 0 17. Property Damage-Elevators 18. Supplementary Payments 19. Unintentional Failure To Disclose Hazards 20. Waiver of Subrogation—Blanket CNA74879XX(1-15) Policy No: 6076000011 Page 1 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with; (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through K.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insureds maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74879XX(1-15) Policy No: 6076000011 Page 2 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA Ali Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction,erection,or removal of elevators;or c. the ownership,maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. ;===, CNA74879XX(1-15) Policy No: 6076000011 Page 3 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business,provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections,adjustments,tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sate of the products; f. demonstration, installation,servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which,after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for such person or organization;or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d.or f.above;or (2) such inspections,adjustments,tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. 2. This Paragraph J.does not apply to any insured person or organization,from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA74B79XX(1-15) Policy No: 6076000011 Page 4 of 13 Endorsement No: 12 Nat'1 Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 3. This Paragraph J.also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part, K. Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. for bodily injury or property damage included within the products-completed operations hazard; nor 3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION a Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE!NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE — The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE CNA74879XX(1-15) Policy No: 6076000011 Page 5 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2029 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or •(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement, to protect,control the use of,encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 6. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative,or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. CNA74879XX(1-15) Policy No: 6076000011 Page 6 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Otrice,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 7. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability,the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination 1111111 any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. CNA74879XX(1-15) Policy No: 6076000011 Page 7 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: CNA74879XX(1-15) Policy No: 6076000011 Page 8 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA AN Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other insurance b. Excess Insurance (1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations,except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. 11. LEGAL LIABILITY—DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the CNA74879XX(1-15) Policy No: 6076000011 Page 9 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6.(the Damage To Premises Rented To You Limit)and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner;and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is$200,000.unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(l1),and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured's care,custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit)and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ;or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: CNA74879XX(1-15) Policy No: 6076000011 Page 10 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured,provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but $ only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. CNA74879XX(1-15) Policy No: 6076000011. Page 11 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1.ADDITIONAL INSUREDS of this endorsement;or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement;or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract.Solely for the purpose of liability assumed in an insured contract,reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising Injury provided: (a) liability to such party for, or for the cost of, that parry's defense has also been assumed in such insured contract;and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety,and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising Injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph,the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2)of the Contractual Liability exclusion(as amended by this Endorsement), such payments will CNA74879XX(1-15) Policy No: 6076000011 Page 12 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office,Inc.,with its permission. I CNA CNA PARAMOUNT General Liability Extension Endorsement not be deemed to be damages for personal and advertising Injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and(6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b.is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of$250 shown for daily loss of earnings and replace it with a $1,000.limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. $ However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1. 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. • ice:.. 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. CNA74879XX(1-15) Policy No: 6076000011 Page 13 of 13 Endorsement No: 12 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2024 Insured Name:RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RAFTELIS FINANCIAL CONSULTANTS FOR WATER RATE STUDY THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Raftelis Financial Consultants, Inc., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of water rate studies. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Steven Gagnon, P.E., who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 22-11962/293054 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Seventy Nine Thousand Two Hundred Sixty Seven Dollars ($79,267.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 10/03/22 , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate two (2) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-11962/293054 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-11962/293054 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 22-11962/293054 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-11962/293054 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Raftelis Financial Consultants, Inc. Attn: Alvin Papa Attn: Steven Gagnon 2000 Main Street 445 S. Figueroa Street, Suite 1925 Huntington Beach, CA 92648 Los Angeles, CA 90071 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-11962/293054 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-11962/293054 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-11962/293054 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-11962/293054 9 . 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a RAFTELIS FINANCIAL CONSULTANTS, INC. municipal corporation of the State of California p.7e, By: L.(y.-4V- ) I I Mayor &rtG Cone Print name 0e Q ITS: (circle one) Chairman/President/ 6;207414 4w) Vice President City Clerk ie2/22/ AND By: ,, INITIAT D AND APPROVE P Print Assiut.J'a SS D ITS: (circle one) ecretary Chief Financial ' Officer/Asst. Secretary- reasurer 115, _ i ` Director of Public s APPROVED AS TO 3 ReM: AV° City Attorney I.). iliIEW'D AND A'PROVED: k �\ wit " .nag- 22-11962/293054 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 22-11962/293054 11 EXHIBIT A B. BACKGROUND AND PROJECT JECT U MAY SECTION RAFTELIS 4 Proj ect Summary We performed the City's prior rate study and can use the prior model as a starting point.The City gets most of its water from groundwater which is replenished by the Orange County Water District, and the remainder of water from Metropolitan Water District through Metropolitan Water District of Orange County. We will revise the City's financial plan to incorporate increases in water purchase costs,operating expense increases due to inflation,capital investment needs and the pandemic's effects on costs and dvater use into the rate study. We will discuss alternative rate structures, get feedback from the Public Works Commission and Council and present at a public hearing.Our communications staff will prepare a communication plan and public outreach strategy to foster the public's understanding and acceptance of rate changes. Ca METHODOLOGY SECTION Methodology Note: We assumed five in-person meetings.The Project Manager lives in Huntington Beach. Task 1: Project Management, Kick-Off Meeting, QA/QC, and Data Collection We propose to gather the required data, review it,and hold a kick-off meeting in which we will: • Introduce our Project Team and clarify lines of communication, • Establish project goals and objectives, • Finalize the work plan and schedule, • Discuss pricing objectives(as applicable), • Discuss the data request and any additional data requirements, • Discuss goals for customer education and outreach as applicable. Prior to the meeting,we will prepare an agenda and provide staff with presentation materials. Task 1 also includes time for quality assurance/quality control(QA/QC)at the completion of each task.QA/QC normally involves approximately a half-day review by a Sr.Analyst,who is not involved with the project to provide a fresh perspective,who reviews calculations, identifies any inconsistencies,and critiques the approach. MEETING(S): One In-person kick-off meeting DE LIVE RA B L.E(S): Kick-off meeting agenda, presentation materials,and meeting minutes RAFTELIS 5 Task 2: Financial Plan & Model Raftelis will project revenue and expenses over a 10-year planning horizon. Expense projections will be based on current water operating costs, including water supply costs, capital,debt service,and reserve funding as applicable. We note the expenses identified in the RFP: 1. Onsite chlorine and fluoride generation, 2. Three well replacements, 3. A 10 MG reservoir, 4. Security and cyber security, 5. Replacement of water distribution assets. City staff will be able to adjust expenses and revenue to see the effect on revenue requirements. We will review reserves for operating, capital,rate stabilization,and emergency purposes as applicable. Our models feature dashboards which have proven to be particularly useful when making presentations to policymakers who must select from various alternatives, allowing them to fully and instantly appreciate the impacts of their decisions.In the dashboard, a model user can change key variables,such as water use, size of debt issuance, capital spending, and revenue adjustments to name few.The dashboard also has error flagging such as the failure to meet debt coverage,unmet reserve targets, etc. Raftelis will develop a customized financial model for the City that incorporates a dashboard to allow you to easily run scenarios and see the impacts in real time. Shown below is a sample dashboard that we developed for another project. , , FYE 2J20 FYE 2U21 FIE, 10:7 FYI:.:02J f-YF 2024 FYE:0.5 Fr 1V35 S.tectione Options Revenue Adjustments 3.7% 5.0% 5G% 5.0% 5.0% 0.0% 0.0% Chart 3:Display Total Funds Adjustment Month April April April April April April Apol Display Yeats 5 Demand Reduction 0% 0% 0% 0% 0% 0% 0% Pass.throuph7 FALSE Add1T Demand Factor 100% 100% 100% 100% 100% 100% 100% Rate Revenue Calculated Potable Water Salsa 17,435 AP 17,552 AF 17,465 AF 17,715 AF 17,751 AF 17,704 AF 17,517 AF Rsoylad Water Batas 2,740 AF 2,943 AF 2,963 AF 2,993 AP 2,993 AF 2,963 AF 2,963 AF Expend for Transfers and Proposed Debt Option.: REVENUE ADJUSTMENTS It DEBT COVERAGE OPERATING FINANCIAL PLAN mem R.Y.nwMJwener(LM) • 4651111*N0 aem OOM 52p40.. .....e Pue,ned Water Coo. eroa O.M!Wyk* —.v NM Cova.O.MOM ^--^Dell Corms.Mauhm.sl(RIN) TnnoNn ees ibwnu.to Ramses —CumM nw.nun 0.0% 4.e0 —a'o'. ——empow newts _. .. .. ........ 0.00 070 2a0 lea M0 2.00 3.j1111000110 1.50 330 FYE 2020 FY!2021 FYE 2022 FOE 2021 PIE 2024 FYE2020 FYE2021 FYE2022 FYE2023 FYE2024 CAPITAL PROJECTS FUNDING TOTAL FUNDS BALANCE aN.MFndd •C.pmity Few ,.....,,,.Endby a•r,o. ——M49o,u 6Ww• MOOum SON.Fulled O0n __M.dnwm BM.... • 44449.Nnu f20 027.1 M MMNm SIN 020 Sal Mao 120 I tuo tie 0625M 057.1 M S11.4 M 911.e M Se0 OMAM 0.7AM 043.1M 5 I . ■ S� $5 Om 10 FYE 2020 FYE 2021 MEMO FYE 2023 FYE 2024 FYE 2020 FYE 2021 FY62023 FYE 2022 FYE 2024 RAFTELIS 6 MEETING(S): Meetings for this task are shown in Task 4 DELIVERABLE(S): Financial Plan Model in Microsoft Excel Task 3: Cost of Service Analysis The cost-of-service analysis determines the total cost to serve each customer class.It will follow industry standards provided in the American Water Works Association(AWWA)Manual Ml:Principles of Water Rates, Fees and Charges, 7th Edition(Manual M1),which was co-authored by several Raftelis staff members. Raftelis will first review historical water consumption to assess use patterns by customer class.Next, we will functionalize costs into water service functions such as supply,treatment,distribution, and billing and customer service. We then allocate the functionalized costs to cost components such as water supply, base demand, and extra-capacity to determine the unit cost for each component. Finally, we will distribute costs to the customer classes using the unit costs to establish the cost responsibility of each class. M E E T I N G(S): Meetings for this task are shown in Task 4 D E L I V E RA B L E(S): Cost of Service calculation in Microsoft Excel Task 4: Water Rate Design and Customer Bill Impacts The City currently has a uniform consumption rate,plus a fixed monthly meter charge and a capital charge. We will discuss the pros and cons of other rate structures such as a tiered rates and water budget rates in light of rate setting objectives such as simplicity,equity,conservation signaling, and defensibility.Note that for the purposes of this proposal we have not budgeted hours to complete a water budget-based rate structure which takes more effort to prepare. We can prepare tiered rates should the City desire them. We will also discuss the proportion of revenue to be collected from fixed charges. We will calculate 5-year rates. Customer Bill Impacts The model will include a summary of customer bill impacts for the proposed rate structure. We will graphically illustrate customer bill impacts and meter sizes. Our customer bill impacts have proven particularly useful for public outreach and during the Proposition 218 process. MEETING(S): One in-person meeting and one virtual meeting DELIVERABLE(S): Rate calculation model in Microsoft Excel Task 5: Rate Survey of Surrounding Agencies Raftelis is currently completing a rate survey of 350 California water agencies that have an Urban Water Management Plan.This survey will be handy for the rate survey of agencies around Huntington Beach. We will survey up to 10 agencies to compare the single-family residential bill for neighboring agencies. We can supplement any gaps in the survey with online research or phone calls as necessary to prepare a comparison of water rates for purveyors near the City. MEET1NG(S): Webinars as needed to discuss the rate survey DELIVERABLE(S): Rate survey in Microsoft Excel .FTELIS 7 Task 6: Public Works Commission and City Council Workshops Raftelis will present at the following meetings: 1. One Public Works Commission Workshop. We will discuss the topics of the workshop with City Staff prior to presenting.Topics include the revenue requirements and rate structures. 2. Based on input from the Public Works Commission we will present the Commission's recommendations to City Council for their feedback. MEET1NG(S): Two in-person meetings DELIVERABLE(S): Presentations in Microsoft PowerPoint Task 7: Draft and Final Reports Raftelis will prepare a draft report for City review,which will detail the financial plan,cost of service analysis, and rate calculations from start to finish.The report will show all calculations and rate setting assumptions. We will incorporate the City's comments on the draft report into a final version. MEETING(S): Phone calls as required to discuss report DEL I V E R A B L E(S): Presentations in Microsoft PowerPoint Task 8: Communication and Community Engagement Plan, and Outreach and Materials Support We are willing to adjust Task 8 Scope to fit the City's Budget There has never been a more critical time for local governments and utilities to communicate the value of the services they provide. Well-crafted strategic communications can build trust,reputation, influence,and brand equity.Our communications team members are accredited in public relations and hold certificates in public participation. Raftelis provides an approach that supports transparency and meaningful,two-way communication throughout the rate study.Following the development of a strategic and integrated communication and outreach plan,Raftelis will help the City engage and communicate with its residents using all means available, including the City's website, social media pages,HBTV,neighborhood watch newsletter, City Manager's Report and other customer communication vehicles.The following services describe in more detail what Raftelis can provide, and what we recommend: BA: Strategic Communication and Community Engagement Plan Development After meeting with City staff about their goals for community outreach,Raftelis will develop a Strategic Communication and Community Engagement Plan that includes a situation analysis and environmental scan of current issues that may impact customer rate change acceptance, SMART communication goals, stakeholder mapping and identification, recommended communication channels,messaging platform, and outreach strategies and tactics to thoughtfully integrate public input into the decision-making process and help secure support from a broad spectrum of stakeholders. RAFTELIS S MEETINGS: Communications kick-off meeting, phone calls as needed to discuss the plan development, monthly progress meetings through the rate study completion(6 to 8 progress meetings) DELI y E RA B L ES: Strategic Communications and Community Engagement Plan 8B: Proposition 218 Notice While requirements of Proposition 218 notifications are easy to satisfy,too many municipalities and utilities miss the opportunity to strategically educate and inform ratepayers. Raftelis has designed countless Proposition 218 notifications that go beyond the minimum dictated by statute to deliver visually appealing pieces that customers want to read. We will match the City's established brand guidelines and design custom graphics to support clear, positive messaging that we will weave into the Prop 218 Notice. Once these arrive in mailboxes, City customers will not only be properly notified but will understand the City's need and be more likely to support rate adjustments.As proposed,the City will provide translation services for additional languages. E E T I N G S: Phone calls as needed to discuss the public hearing notice DELIVERABLES: Draft notification language for the City's legal counsel review,design with two rounds of revisions, and final press-ready PDFs in multiple languages(as proposed, the City to provide translations if required). 8C: Community Engagement Support We are often called upon to facilitate public meetings, city council workshops, or advisory groups. Raftelis will provide guidance and oversight of all community engagement activities, virtual or in-person. We will work with the City to secure spaces,promote the event, design and facilitate the content,and develop summary reports for staff and the community.If interpretation services are needed,Raftelis can assist the City to identify suitable and certified language service providers. MEETINGS: Phone calls as needed to discuss the outreach plan implementation;and as proposed, Communications staff attendance at up to three(3) in-person community engagement meetings/open houses (also attended by rate project team).This task also includes budget for Raftelis' communications staff to attend two public meetings in Task 6, also attended by the rate project team. DELIVERABLES: Planning and support of engagement meetings, summary reports Task 9: Public Hearing Raftelis will prepare a public hearing presentation and either present at a public hearing or support staff as they present.We will show the need for revenue increases,derive the rates,and answer questions as directed by staff. MEETING(S): One in-person public hearing D E L I V E R A B L E(S): Presentation in Microsoft PowerPoint. Optional Task 10: CIP Review The RFP requested a review of the Water Master Plan and CIP as mentoned in the RPF: • Review current O&M services,capital improvement projects,and existing assets _; u.FIELDS 9 • Determine revenue requirements to sufficiently fund O&M activities and capital needs • Evaluate the City's Water Master Plan and proposed Capital Improvement Program (CIP) For Optional Task 10,Raftelis' subject matter experts in operations and capital project delivery can independently review your water capital improvement program and master plan to identify opportunities to potentially reduce costs.Raftelis doesn't design or construct projects, so we can offer an independent, unbiased viewpoint focused on helping the City meet their pressing short-term and long-term capital priorities and regulatory obligations. Brandon Vatter has a proven track record in capital delivery, utility operations,and saving his clients money. Recently, for a water utility rate study in New York, Brandon lead the CIP review and Raftelis was able to reduce their 10-year CIP cost by 10%($2 million). For the Hamilton County Metropolitan Sewer District of Greater Cincinnati (MSDGC),Brandon and our Team documented savings from 2010 to 2019 of approximately$80 million in operating expenses and over$800 million dollars in capital expenses. Subsequently,MSDGC ratepayers avoided a 50%rate increase and the Board of County Commissioners have not raised sewer rates for the last 6 years. M T I N G(S) Up to two meetings to discuss the CIP D L l V A D L ( ): Revised CIP in Microsoft Excel Below is a tentative schedule.The proposed schedule assumes a notice-to-proceed at the end of October and that Raftelis will receive the needed data in a timely manner and be able to schedule meetings as necessary. 2022 2023 OCT NOV DEC JAN FEB MAR APR MAY JUN 1.Project Management,Kick-off Meeting and CIA/QC City Provides All Data 2.Financial Plan and Model Kick-off Meeting Meetings/Workshops •Deliverables 3.Cost of Service Analysis — Public Hearing Notice Period 4.Water Rate Design and Customer Bill Impacts 8.Surrounding Agency Rate Survey 8.Public Works Commission and Board Workshops 7. Draft and Final Reports S S 8.Communication Plan,Public Outreach Strategy and Materials 8a.Community Engagment Plan 8b.Public Hearing Notice — -59-i-.A 8c.Community Engagement Support(Up to 3 Open House) Public Noticing Period 9.Public Hearing -41- EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACHED EXHIBIT B" B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set 22-11962/293054 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 22-11962/293054 13 EXHIBIT B F. FEE PROPOSAL Fee Proposal The below table shows our proposed fee,with the optional task shown below the table.The table shows the hours and billing rates. Expenses include a$10 per hour technology charge covering computers,networks, telephones,postage,etc. k f.._.---__ ._. Staff Number of Total Fees Virtual In-Person i & Tasks Meetings Meetings PM i APM SC CS SME GD Total { Expenses 1.Project Management,Kick-off Meeting 1 20 4 4 4 32 $8,968 land 4AIQC 2.Financial Plan and Model ( 2 6 24 32 $7,160 3.Cost of Service Analysis 2 8 24 32 $7,160 I4.Water Rate Design and Customer Bill i $8,388 i 1 1 10 � 2 24 38 � ;Impacts 6 8 i 6.Surrounding Agency Rate Survey ; 2 ( $1,790 '6.Public Works Commission and Board i 2 10 i 4 1 8 4 ( 26 � $6,868 Workshops i ) 17. Draft and Final Reports 2 12 42 56 $12,630 . 18.Communication Plan,Public Outreach a 1 3 12 { 3 50 j 12 77 $18,843 ategyand Materials I I9.Public Hearing1 6 1 4 2 12 $3,138 2 8 64 ( 36 139 60 0 12 311 $285 i $285 $190 $250 $285 $120 } $18,2401$10,260 $26,410 $16,000 $1,440 $71,360 Total Fees $71 350 Total Expenses $3,492 Total Fees&Expenses $74,842 Optional Task 10:CIP Review } i 1 1 7 14 ! 0 1 15 i $4,425 PM-Project Manager,Steve Gagnon,PE(AZ) CS-Communications Staff,Gina DePinto,APR IMI APM-Theresa Jurotich,PE SME-Sub matter expert,CIP reveiwer,Brandon Vatter,PE SC-Staff Consultants GD-Graphic Designer Client#: 1722483 RAFTEFIN ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYY1f)11ro1/2o22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Andrew Little NAME: Cameron M Harris&Co,LLC I PHONE 980-495-0832 FAX (A/C,No,Ext): (A/C,No): Div USI Ins E-MAIL andrew.little@usi.com 6100 Fairview Road Ste 1400 INSURER(S)AFFORDING COVERAGE NAIC n Charlotte,NC 28210 INSURER A:National Fire Insurance Co.of Hartford 20478 INSURED INSURER B:Continental Insurance Company 35289 Raftelis Financial Consultants,Inc. INSURER C:American Casualty Company of Reading PA 20427 227 West Trade Street,Ste.1400 INSURER D:Continental Casualty Company 20443 Charlotte,NC 28202 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY 6076000011 APPROA Oft/91/2023 EACH OCCURRENCE $1,000,000 DA Ei RD CLAIMS-MADE X OCCUR PRE� ` I E O(EaENTEneocwnce) S500,000 MED EXP(Any one person) $15,000 ELE.GA7ES PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: CITY ATTORNEY GENERAL AGGREGATE $2,000,000 POLICY JECTO X LOC CITY OF N UNTING fON BEACH PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY BUA6076000025 01/21/2022 01/21/2023(Ea aBccidentSINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) S B X UMBRELLA LIAR X OCCUR CUE6076000039 01/21/2022 01/21/2023 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION WC676305637 01/21/2022 01/21/2023 X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N WC676000042-CA 01/21/2022 01/21/2023 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatary In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional 652071235 01/21/2022 01/21/2023 $5,000,000 Aggregate $5,000,000 Occurrence DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) City of Huntington Beach,it officers,elected or appointed officials,employees,agents and volunteers are included as an Additional Insured with respect to General Liability,Automobile and Umbrella will follow form as per written contract. The coverage afforded to the Additional Insured Is on a Primary and Non Contributory basis for General Liability,Automobile and Umbrella if required by written contract.Waiver of Subrogation applies to General Liability,Automobile,Workers Compensation and Umbrella policies in (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ANY OFELLED City of Huntington Beach Attn: THE SHOULD EXPIRATION E DATEOVE THEREOF, NOT CEDESCRIBEDIES WILLL BE CBE CDELIVERED NE Alvin Papa ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE SP0L ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #537930437/M34770098 SJKZR RIW k DESCRIPTIONS (Continued from Page 1) favor of the above listed Additional Insured per written contract.A 30 day notice of cancellation will be given except for non-payment of premium will be 10 days if required by written contract. SAGITTA 25.3(2016/03) 2 of 2 #S37930437/M34770098 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS MEM MMM CG 20 10 12 19 Policy No: 6076000011 Page 1 of 2 Endorsement No: 60 Nat'l Fire Ins Co of Hartford Effective Date: 10/02/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization Location(s)Of Covered Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 10 12 19 Policy No: 6076000011 Page 2 of 2 Endorsement No: 60 Nat'l Fire Ins Co of Hartford Effective Date: 10/02/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT Additional Insured - Designated Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person Or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by: the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: 1. in the performance of the Named Insured's ongoing operations; or 2. in connection with premises owned by or rented to the Named Insured. B. However, if coverage for the additional Insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional Insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to bodily injury or property damage included within the products-completed operations hazard. 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. = maa CNA74745XX (1-15) Policy No: 6076000011 Page 1 of 1 Endorsement No: 63 Nat' l Fire Ins Co of Hartford Effective Date: 10/02/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury—Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability—Damage To Premises 12. Medical Payments 13. Non-owned Aircraft Coverage 14. Non-owned Watercraft 15. Personal And Advertising Injury—Discrimination or Humiliation s 16. Personal And Advertising Injury-Contractual Liability 17. Property Damage-Elevators 18. Supplementary Payments 19. Unintentional Failure To Disclose Hazards 20. Waiver of Subrogation—Blanket aim mom • g • CNA74879XX(1-15) Policy No: 6076000011 Page 1 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through K.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74879XX (1-15) Policy No: 6076000011 Page 2 of 13 Endorsement No: 11 Nat'1 Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction, erection,or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named insured's behalf. The coverage granted by this paragraph does not apply to: aim a. Bodily injury, property damage or personal and advertising injury arising out of operations performed RIMfor the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. C CNA74879XX(1-15) Policy No: 6076000011 Page 3 of 13 Endorsement No: 11 Nat'1 Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments,tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization;or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d.or f.above;or (2) such inspections, adjustments,tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization,from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA74879XX(1-15) Policy No: 6076000011 Page 4 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. for bodily injury or property damage included within the products-completed operations hazard; nor 3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE CNA74879XX (1-15) Policy No: 6076000011 Page 5 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50°/0 of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. CNA74879XX (1-15) Policy No: 6076000011 Page 6 of 13 Endorsement No: 11 Nat' l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement 7. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its O limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. NNE • iii. add the following additional exclusions. 1.11 This insurance does not apply to: NIS Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on WES an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. CNA74879XX(1-15) Policy No: 6076000011 Page 7 of 13 Endorsement No: 11 Nat'1 Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact,circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: CNA74879XX(1-15) Policy No: 6076000011 Page 8 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a), (b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES I PARTNERSHIP I LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising Injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date;and is c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY—DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the CNA74879XX(1-15) Policy No: 6076000011 Page 9 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6.(the Damage To Premises Rented To You Limit)and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is$200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii),and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care,custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ;or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: CNA74879XX(1-15) Policy No: 6076000011 Page 10 of 13 Endorsement No: 11 Nat'1 Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination s• discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. _ Premises Related Discrimination mos discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Mill - CNA74879XX(1-15) Policy No: 6076000011 Page 11 of 13 Endorsement No: 11 Nat'1 Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1.ADDITIONAL INSUREDS of this endorsement;or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement;or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract;and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety,and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph,the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2)of the Contractual Liability exclusion (as amended by this Endorsement), such payments will CNA74879XX(1-15) Policy No: 6076000011 Page 12 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Liability Extension Endorsement not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3), (4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1. 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. = 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 Emins effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, 0 and expires concurrently with said Policy. CNA74879XX(1-15) Policy No: 6076000011 Page 13 of 13 Endorsement No: 11 Nat'l Fire Ins Co of Hartford Effective Date: 01/21/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Endorsement Effective Date: 10/02/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. 227 W TRADE ST STE 1400 CHARLOTTE, NC 28202-1632 Policy Number: 6076000011 Policy Period: 01/21/2022 —01/21/2023 Producer's Information: USI INSURANCE SERVICES LLC Producer Code: 057035 6100 FAIRVIEW RD STE 1400 CHARLOTTE, NC 28210 (704) 901-8700 CNA Branch Number: 380 CNA Branch Name and Address: ATLANTA BRANCH GLENRIDGE HIGHLANDS 5565 GLENRIDGE CONNECTOR NE ATLANTA, GA 30342 (404)531-3400 Thank you for choosing CNA! With your CNA Paramount package policy, you have insurance coverage tailored to meet the needs of your modern business. The international network of insurance professionals and the financial strength of CNA, rated"A" by A.M. Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most important to you. r Claim Services—There When You Need Us s fl Claims are reported through a single point of entry available 24/7, connecting you to the individuals and information to help a you resume your business when you need it most. To report a claim, please call 877-CNA-ASAP ,fax (800) 953-7389, email lossreport@cnaasap.com , or visit www.cna.com/claim. _ Risk Control Services—Help Avoid A Claim Before It Occurs 0 As a CNA policyholder,you have access to certified risk control professionals, risk mitigation programs and online resources to help identify and manage exposures that may disrupt your operation. We collaborate with business leaders to develop customized programs to assist you in safeguarding your assets and improving the bottom line. To learn how our award-winning Risk Control services can help your business, please call (866)262-0540,email us at riskcontrolwebinfo@cna.com or visit www.cna.com/riskcontrol. When it comes to providing the coverage, service and resources paramount to your business success ... we can show & you more. immm INSURED Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Amendment of Forms and Endorsements Schedule Addition or Deletion of Endorsements It is understood and agreed as follows: ADDITION OF FORMS OR ENDORSEMENTS The Forms and Endorsements Schedule is amended to add the following forms or endorsements effective as of the date set forth in such form or endorsement Endm't Form or Endorsement Name Form Number Form Number Edition 62 Amendment of FoLms and Endorsements Schedule CNA62673XX 09-12 Addition or Deletion of Endorsements 63 Additional Insured - Designated Person or CNA74745XX 01-15 Organization Endorsement II. DELETION OF FORMS OR ENDORSEMENTS The Forms and Endorsements Schedule is amended to delete the following forms or endorsements effective as of the "deletion date"indicated below. Endm't Form or Endorsement Name Form Number Form Deletion Date Number Edition 61 Additional Insured - Designated Person CNA74745XX 01-15 10/02/2022 or Organization Endorsement The net premium change, if any,for the above endorsements in Sections I.and II.is: $0.00 Total change is: $0.0 0 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. i— .ram= = C CNA62673XX 09-12 Policy No: 6076000011 Page 1 of 1 Endorsement No: 62 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 10/02/2022 Insured Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Policy Holder Notice - Countrywide QUALITY ASSURANCE FORM Help Us To Serve You Better Every effort has been made to produce a quality product for you. Please review this transaction, and if it is incorrect list the correction needed in the space provided below and fax this Quality Assurance Form to us at 877-363-8669 or email to ciet@cna.com Questions pertaining to any transaction should be referred to CNA Customer Interaction Center at 877-574-0540, Option 3 Please send routine requests via standard ACORD forms through the same method you are using today.The preferred method is by fax:to 877-363-8669 Insured/Account Name: RAFTELIS FINANCIAL CONSULTANTS, INC. Policy Number: c 6076000011 Line of Business: PMT Agent Name: USI INSURANCE SERVICES LLC Producer Code: 057035 Branch: ATLANTA BRANCH Transaction Type: Endorsement Transaction Effective Date: l0/02/2022 Your Transaction was processed by Commercial Insurance Center - Lake Mary, FL C ID: BY CAE6978 N O Transaction Incorrect-See Below. Transaction Processed Correctly s Correction needed: 0 N O O V ME M II CNA68757XX 09-12 Copyright CNA All Rights Reserved. Page 1 of 1 UPI 01392711000191020100 Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 Claims Service: (800)334-1661 ADDITIONAL NAMED INSURED ENDORSEMENT Copy To Policy ID Number Expiration Date 504-61017-5503-001 06/14/2023 12:01 a.m. City of Huntington Beach Named Insured P. 0 Box 190 2000 Main Street Select Trenchless Pipelines Inc Huntington Beach, CA 92648-2702 This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. Additional Insured City of Huntington Beach Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. RISK Mjf,t40iyi ADDL INSURED COPY AMEND DATE: 10/27/2022 50461AIS01 ENDORSEMENT: 1-14 013.71100019201m10. Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 Claims Service: (800)334-1661 C) M O O PRIMARY AND NONCONTRIBUTORY ENDORSEMENT Copy To Policy ID Number Expiration Date 504-61017-5503-001 06/14/2023 12:01 a..m. City of Huntington Beach Named Insured P. 0. Box 190 2000 Main Street Select Trenchless Pipelines Inc Huntington Beach, CA 92648-2702 Thls endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Number 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A— LIABILITY COVERAGE • OTHER INSURANCE — PART A ONLY The following is added to this section: The coverage afforded under your Commercial Auto Policy is primary to and,will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contract or agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. ADDL INSURED COPY AMEND DATE: 10/27/2022 500PNCV01 ENDORSEMENT: 1-14 Rating Date: 11/09/2022 Print Date: 11/10/2022 Policy No. Named Insured Effective Date: 01/21/2022 6076000011 RAFTELIS FINANCIAL CONSULTANTS, INC. Expiration Date: 01/21/2023 227 W TRADE ST STE 1400 Endorsement Date: 10/02/2022 CHARLOTTE NC 28202 Written-date: 10/21/2021 Company: NF - National Fire Insurance of Hartford Product: CNA PARAMOUNT TOTAL LIABILITY PREMIUM SUMMARY PRODUCTS/ PREMISES/ COMPLETED ADDITIONAL OTHER OPERATIONS OPERATIONS INSURED COVERAGES/COV PARTS Actual Premium $0 $0 $0 $0 Add to = Minimum $0 $0 $0 Total Premium $0 $0 $0 $0 Taxes & Surcharges $0 $0 $0 $0.00 TOTAL LIABILITY CHARGES $00.00 0 0 0 0 0 0 0 MEM i AGENT Rating Date: 11/09/2022 Print Date: 11/10/2022 Policy No. Named Insured Effective Date: 01/21/2022 6076000011 RAFTELIS FINANCIAL CONSULTANTS, INC. Expiration Date: 01/21/2023 227 W TRADE ST STE 1400 Endorsement Date: 10/02/2022 CHARLOTTE NC 28202 Written-date: 10/21/2021 Company: NF - National Fire Insurance of Hartford Product: CNA PARAMOUNT GENERAL LIABILITY PREMIUM SUMMARY LIMITS OF LIABILITY GENERAL LIABILITY COVERAGES: GENERAL AGGREGATE: $ 2,000,000 EACH OCCURRENCE: $ 1,000,000 PRODUCTS/COMP OPS AGGREGATE: $ 2,000,000 DAMAGE TO PREMISES RENTED: $ 500,000 PERS & ADVERTISING INJURY: $ 1,000,000 MEDICAL EXPENSE: $ 15,000 POLICY LEVEL COVERAGES: Policy level Subtotal $0.00 Location Subtotal $0.00 General Liability Premium $.00 Additional to Meet Minimum Premium $.00 Total General Liability Premium $.00 11111 toin isms AGENT