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HomeMy WebLinkAboutEnvironmental Innovations, Inc. - Professional Services - 2023-10-20 (2) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENVIRONMENTAL INNOVATIONS, INC. FOR GREEN BUSINESS CERTIFICATION PROGRAM COORDINATION AND ASSISTANCE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Environmental Innovations, Inc., hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Green Business Certification Program coordination and assistance.; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Jo Fleming who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 20 , 20 23 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Thousand Dollars ($30,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion,whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT,its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Environmental Innovations, Inc. ATTN: Director of Public Works ATTN: Jo Fleming 2000 Main Street 307 Laguna Street Huntington Beach, CA 92648 Santa Cruz, CA 95060 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, ENVIRONMENTAL INNOVATIONS, INC. a municipal corporation of the State of Ci 114I2023 California i k By: ! A,11-�� ugW G ' ector/Chief (Pursuant To HBMC§3.03.100) Josh F"*" r19 print name APPROVED AS TO FORM: ITS: (circle one)Chairm. 'residen i ice President AND :�� QL( By: City Attorney 'date print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE: Secretary—Treasurer ( 041/t/ q‘441z4a4tAd City Clerk qe Date /9//2&03 EXHIBIT A Statement of Work Environmental Innovations, Inc. The following specific goals and outcomes will be achieved: Certification Services: CONSULTANT (El) will ensure that the following is achieved within one year: • Outreach to existing 18 recertifying businesses in GreenBiz Tracker with the potential to certify them all (18) • Outreach to up to 40 new potential businesses • Up to 3 new certifications at the Tier 1 (entry) level to lower the barrier for entry into the program and promote equitable program delivery • Up to 2 new certifications at the Tier 2 (certified) level • Attempt to gain a Tier 3 certification for outstanding sustainability-oriented businesses who demonstrate significant commitment to environmental and community leadership. As part of the certification process, these businesses as well as additional in-process businesses which may not complete the certification, will be offered consulting, information, and resources pertinent to them for improving their environmental practices. Programs and outreach specific to the City of Huntington Beach will be utilized. When El begins this work, the first step will be to meet with City staff and partners to collect information and resources that are pertinent to Huntington Beach businesses such as handouts, posters, links to web-based information, waste and recycling posters, business cards for City staff that can further assist a business, etc. El will be the silent partner representing the City of Huntington Beach, ensuring that the Green Business Program offering to businesses persists as a City of Huntington Beach program that receives all the benefits of the positive relationship between businesses and the municipality that the Green Business Program provides. The cost for certifying businesses varies greatly depending on several factors: size, sector, building ownership/lease, and technical capabilities of the business. It can take as little as six hours of a Green Business Coordinator's time for a small office/retail business and up to 30 hours for a large hotel with a restaurant, for example. In addition, behind every ten business certifications there are an average of thirty in-process businesses that have managed to achieve many parts of the program but have not crossed the finish line to get certified yet. Therefore, Green Business Program Coordinators need to do outreach and work with three-fold more businesses than actually achieve certification.This process is still beneficial to the City and the businesses regardless of whether they go on to get certified. The entry-level tier allows for more recognition of the work businesses achieve before full certification and El will be able to generate environmental outcome reports for this lower tier. However, El will make every effort to ensure that businesses cross the finish line and gain recognition for their efforts. Equity Services CAGBN has made a long term commitment to consistently expand the Green Business program to service businesses that are owned by marginalized groups, or that exist in underserved regions, such as Spanish speaking, Black, Brown, Indigenous, Person-of-color (BBIPOC) and 1 EXHIBIT A Statement of Work Environmental Innovations, Inc. women-owned businesses. A significant effort will be made to onboard these businesses in the City of Huntington Beach. We will also utilize El's Spanish speaking staff to support business owners that prefer technical support in Spanish. CAGBN has a goal to have the business community involved in Green Business meet the State's population demographics. El will strive to do the same in the City of Huntington Beach and will report on BBIPOC owned businesses recognized and businesses in underserved areas to measure progress in this effort. Marketing& Promotion Awareness marketing of the Green Business Program will be used as a recruitment tool as well as working with the city to partner with the Huntington Beach Chamber of Commerce and Climate Reality Project to raise program awareness within their membership. El will support City-led efforts to market the program, supporting events and/or online recruitment efforts. Program Administration and Reporting CONSULTANT will invoice CITY and collect payments monthly and provide quarterly reports (October 2023, January 2024, April 2024, August 2024) as well as a year-end report. City's Responsibilities: CITY staff will make itself available to meet with CONSULTANT for the purpose of sharing information andi resources pertinent to Huntington Beach businesses, including: • handouts • posters' • links to web-based information, • solid waste and recycling information and handouts • business cards for City staff that provide business assistance services and information Work Program/Schedule: CONSULTANT will provide services until the numeric goals are reached and/or project budget has been completely expended through the term of this agreement. It is anticipated that project may take one year or longer to complete. 2 EXHIBIT B Payment Schedule Environmental Innovations, Inc. 1. CONSULTANT shall be entitled to a full payment toward the fee set forth herein in accordance with the following: Labor Rate Sheet Staff Position Hourly Rate Senior Sustainability Consultant 125 Staff Sustainability Consultant 110 Marketing and Engagement Professional 110 Student Intern 55 Rates: It is expected that this project will be completed by mostly a Staff Sustainability Consultant with guidance from a Senior Sustainability Consultant. In addition, we will utilize a Marketing Professional and-where appropriate-an intern. Project Costs Estimated Task Hours Total Task 1: Recertify, Recruit, Assist and Certify Businesses 196 $22,540 Task 2: Marketing, Partnerships and Promotions 25 $2,875 Task 3: Fiscal Management and Reporting 27 $3,105 Staff Subtotal $28,520 Expenses(E.g. Mileage, materials,) $1,480 Total $30,000 Budget Flexibility: Individual line item shifts of up to fifteen percent of the annual contract budget total may be made.Line item shifts will not increase or decrease the total contract amount allocated. 2. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation, and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice MONTHLY for each progress payment due. Such invoice shall: a) Reference this Agreement; b) Describe the services performed; c) Show the total amount of the payment due; and d) For all payments include an estimate of the percentage of work completed. 1 EXHIBIT B Payment Schedule Environmental Innovations, Inc. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Y Ilr! AC CERTIFICATE OF LIABILITY INSURANCE DATE 9/1(8/202n3) 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(ios)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), Ca—hi TAC PRODUCER NAME: T Jerry Seagreaves Jerry Seagreaves PHONE FAX Seagreaves Insurance (NC,No.Ex(f_(831)464-1870 t No; (831)475-5045 2425 Porter St,Ste 6 ADDRESS: office@seagreaves.net Soquel,CA 95073 INSURER(S)AFFORDING COVERAGE I NAIC I INSURER A: Farmers Ins Exch 1 21652 INSURED INSURER B: Hiscox Environmental Innovations,Inc INSURER C: State Compensation Insurance Fund _. _35076 307 Laguna St Santa Cruz,CA 95060 INSURER D_-Hiscox _ 10200 INSURER E t INSURER F COVERAGES CERTIFICATE NUMBER: 5422 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. toR -- ADD�9UBR ---- -- POLICYEFF POLICY EXP T LTR TYPE OF INSURANCE MOD WVD POLICY NUMBER (IMM/DDIYYYYI IMMIDDrYYYY)I LIMITS B X COWERCIALGENERALLIABILITY X X P100.331.218.4 06/15/23 06/15/24'EACH OCCURRENCE $2,000,000 1 CLAIMS-MADE j OCCUR bNdAGE TOR€RTED 1 DEMISES(Ea occurrence) S 00,000 MED EXP(Anyone person) $5,000 PERSONAL&AOV INJURY S 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 1 PRO- I - ----- _ X_POLICY 1 ,JECT •_ LOG PRODUCTS-COMP/OPAGG $SITGen.Agg. OTHER. i S A !AUTOMOBILE LIABILITY 606766914 10/18/23 10/18/24;COMBINED e�cbaNj SINGLE LIMIT s 1,000,000 ANY AUTO I-- __ - - —'OWNED SCHEDULED BODILY INJURY(Par person) S __AUTOS ONLY _ X AUTOS i BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY -Pnra cidenl). S UMBRELLA LIAR I[ OCCUR I EACH OCCURRENCE .S S. EXCESS LIAB It CLJMS-MADE AGGREGATE _ DED� RETENTION$ i S WORKERSCOMPENSATION PER I C' AND EMPLOYERS'LIABILITY YIN X 9160962-23 06/16/23 06/16/24 X I STATUT 1.48. _. ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED) Y — - (Mandatory In NH) E L DISEASE•EA EMPLOYEE S 1.000.000If yes,S/R under OPERATIONS below TIO O N er DESCRIPTION E L DISEASE-POLICY LIMIT $ 1 000 000 p Professional Liability P101.082.873.2 04/22/23 04/22/24 Each Occurrence $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD Tel,Additional Remarks Schedule,may be attached II more space Is required) The City,its officers, elected or appointed officials,employees,agents and volunteers are MzEgmadttitiimailmitfivi 4 J3Y: 4-((-( MICHAEL E. GATES 1 CITY ATTORNEY CITY OF HlltJTletc;roh)13FAPH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main St, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. r AUTHORIZED REPRESENTATIV,- I ©1988.201 ACO ORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CC A DATE(MMIDD/YYYY) �, CERTIFICATE OF LIABILITY INSURANCE g/18/zo23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to.the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jerry Seagreaves ___ Jerry Seagreaves PHONE- 831 464-1870 FAx 831 475 5045 .:(AIANo E�TL_� L_G,No), �' j SeagreaVes Insurance EMAIL 2425 Porter St,Ste 6 ADDRESS: office@seagreaves.net _____ .. Soquel,CA 95073 INSURER(SIAFFORDING COVERAGE I NAIC p __..._.._._ INSURER A: Farmers Ins Exch 21652 INSURED i ........... ._-.--...-......_.._........-. �—— INSURERB: Hiscox Environmental Innovations, Inc INSURERC: State Compensation Insura_n__ce.Fund _3507.6 307 Laguna St ,INSURER Hiscox 10200 Santa Cruz,CA 95060 D; _ — ----- INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 5422 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. 'MR I — TYPE OF INSURANCE I•NSD$WVD POLICY NUMBER (MM DO//YEYYYI I IMM/DDY/YYYY)I LIMITS B �_X COMMERCIAL GENERAL LIABILITY X X P100.331.218.4 06/15/23 06/15/24 EACH OCCURRENCE I$2,000,000 CLAIMS-MADE I X OCCUR ERCMISE ETO R TErT� .................__-....-..-.. REMS-(a...SGcurronco} $ 100,000 I MED EXP(Any one person) $5,000 __ __,_ PERSONAL 8 ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE._ I$4,000,000 .. PRO.- _..-. _ _—�..__..-_._..._. X POLICY I_ ,JECT__ I-_LOC PRODUCTS-COMP/OPAGG $ S/T Gen.Agg. I OTHER: $ A AUTOMOBILE LIABILITY 606766914 10/18/23 10/18/24 -;CO COMBINED SINGLE LIMIT $ 1,000,000 I ANY AUTO I BODILY INJURY(Per person) $ OWNED X AUTOS SCHEDULED BODILY INJURY(Par accidenaccident) $ — 4 AUTOS ONLY __ HIRED NON-OWNED PROPERTY.DAMAGE x AUTOS ONLY _X AUTOS ONLY $ $ UMBRELLA LIAR I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE I$ I DED I I RETENTION$ I$ WORKERS COMPENSATION PER OTH- C AND EMPLOYERS'LIABILITY Y/N X 9160962-23 06/16/23 06/16/24 .X rsTATIITE I 1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE . N/A EL,EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y --- --- -----._ (Mandatory In NH) E,L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descdhe under -.... DESCRIPTION OF OPERATIONS below I EL,DISEASE-POLICY LIMIT $ 1 ono 0n0 ID Professional Liability I P101.082.873.2 04/22/231 04/22/24 Each Occurrence $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES.(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City,its officers,elected or appointed officials, employees,agents and volunteers are listed as additional insured. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main St, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATI ©1988-201 ACO ORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD HI SCOX Hiscox Insurance Company Inc. Policy Number: P100.331!218.4 Named Insured: Environmental Innovations Inc Endorsement Number: 7 Endorsement Effective: 06/15/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An I'rsured is amended to include as an addition, I insured any per- son(s) or organization(s)'for whom you are performing operations or leasing a premises when you and such persons) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional insured on your policy. Such person or organization is an additional insured onlyi with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising; injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of tljose acting on your behalf: 1. In the performance of your ongoing opera- tions; or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this 'endorsement ends when your operations or lease agreement for that additional insured are cp.mpleted; CGL E5421 CW(02/14) Includes copyrighted material of Insurance Services Office,Inc.,with its Page 1 of 1 permission. HI SCOX Hiscox Insurance Company Inc. Policy Number: P100.331. 18.4 Named Insured: Environmental Innovations Inc Endorsement Number: 15 Endorsement Effective: 06/15/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAOILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary,: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2. you have agreed in a written contract or agreement with such addi#ional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW(03/16) Includes copyrighted material of Page 1 of 1 Insurance Services Office, Inc.,with its permission eti• H I SCO>( Hiscox Insurance Company Inc. Policy Number: P100.331.218.4 Named Insured: Environmental innovations Inc Endorsement Number: 16 Endorsement Effective: 06/15/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MODIFIED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: You may waive your rights against another party so long as you do so in writing prior to: (i) an offense arising out of your business that caused a "personal and advertising injury"; or (ii) an "occurrence" that caused"bodily injury"or"property damage". CGL E5402 CW(03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. STATE ENDORSEMENT AGREEMENT BROKER COPY COMPENSATION WAIVER OF SUBROGATION INSURANCE BLANKET BASIS 9160962-23 FUND RENEWAL NA HOME OFFICE 9-99-23-14 SAN FRANCISCO EFFECTIVE JUNE 16, 2023 AT 12.01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AND EXPIRING JUNE 16, 2024 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENVIRONMENTAL INNOVATIONS INC 307 LAGUNA ST SANTA CRUZ, CA 95060 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JUNE 20, 2023 2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO CnIC CnO.A ./1n.'1 IOC\I 7_nn.Al /11 Il no 717 RECEIVED OCT 092023 City of Huntington Beach City Attorney's Office