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HomeMy WebLinkAboutGrafix Systems - 2023-11-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRAFIX SYSTEMS FOR FLEET VEHICLE GRAPHIC SERVICES 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 Graphix Systems, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of fleet vehicle graphic services. 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.Q2. 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 Mike Messina, 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. 23-13258/317306 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 One Hundred Fifty Thousand Dollars ($150,000.00) 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 , or as soon as practicable after the execution of this Agreement by City(the"Comm ncement Date") and terminate three (3) 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. 23-13258/317306 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, 23-13258/317306 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. 23-13258/317306 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. 23-13258/317306 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 Graft Systems Attn: Director of Public Works Attn: Mike Messina 2000 Main Street 11670 Seaboard Circle Huntington Beach, CA 92648 Stanton, CA 90680 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. 23-13258/317306 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; 23-13258/317306 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. 23-13258/317306 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. 23-13258/317306 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 GRAFIX SYSTEMS municipal corporation of the State of California 441 By. 1 Mayor Rq t \/ F-equ so n !Print name ITS: (circle one)Chairman resid /,�(/ �� Vice President V� City AND By: / f345 �/ 9 INITIATED AND APPROVED: Print name K -e ti'n-eSSinc1 ITS: (circle oneecretar 'Chief Financial Officer/Asst. Secretary-Treasurer xrector of Public Works APPROVED A FORM: City Attorney REVIEWED PROVED: City Manager 23-13258/317306 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide fleet vehicle graphic services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-13258/317306 11 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 23-13258/317306 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. 23-13258/317306 13 EXHIBIT B Public Works Fleet Vehicle Graphics Bid Sheet Contractor Name: Grafix Systems DA fe: b 9`2023 Instructions for completing Bid Sheet: I . Fill in the company name and date above, 2. Complete/ fill-in price information in boxes below. 3, Optional - additional pricing information can be added below, but is not required. SERVICE AREA PRICE 1Graphic design $ 95 per hour or per project(circle one) Installation► $ 95 per hour Graphics removal and replace $ 95 per hour PW Fleet Vehicle Graphics RFQ June2023 hiviC ` �----"'1 GRAFSYS-01 JHUDSOI' ,a►C-oRon CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD,YYYYI 411........-----' 8/29/2023 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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER RAI"cT Jerry Hudson Inszone Insurance Services,LLC ( N,EA:(916)503-6360 FAX Na):(916)400-2625 2721 Citrus Road,Suite A E- AI Rancho Cordova,CA 96742 E-mAIL s:lhudson@inszonelns.com INSURERS)AFFORDING COVERAGE NAIC II INSURER A:Travelers Casualty&Surety Co 31184 INSURED INSURER D:California Automobile Insurance Co 38342 Grafix Systems INSURERc:Amerlcan Family Home Insurance Company 23450 11670 Seaboard Cir INSURER D: Stanton,CA 90680 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYYI IMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACHq OCCURRENCET $ 1,000,000 CLAIMS•MADE X OCCUR X X 6800G446814 6123/2023 6/23/2024 pREMISS(a ocicu ence) $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 X POLICY ING, LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO X X BA040000015527 611012023 6/10/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED _AUTOS��p ONLY _ AUTOSA,QN.p�,�NEpp BODILY INJURY(Per accident) $ ____AUTOS ONLY — AUTOS ONLY (POr a l l4AMAGE $ $ — UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ C WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY SFA6WCB001098.01 1/9/2023 1/9/2024 1,000,000 ANY PERERROPREIIETggOE�RRp/PARTNER/EXECUTIVE YIN N!A x E.L.EACH ACCIDENT $ Yyaeetidaloryln NH)EXCLUDED? n E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTIONOF PERATIONSbelow E.L.DISEASE-POLICY LIMIT $be under 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD SOt,Additional Remarka Schedule,may be attached If more space Is required) s The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers ar I I in regards to General Liability and Commercial Auto per attached endorsement.Waiver of Subrogation applies to General Liability,Commercial Auto and orkers Compensation. By: MICHAEL Er GATES CITY ATTO11NEY CITY or/HUNTINGTON REACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street ��/ Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ' ACORD 26(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-0G446814-23-42 ISSUE DATE:08/14/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. 2000 MAIN STREET HUNTINGTON BEACH CA 92648 PROJECT/LOCATION OF COVERED OPERATIONS: PRINTING SERVICES / 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PROVISIONS The insurance provided to such additional insured Is subject to the following provisions: The following is added to SECTION II—WHO IS AN INSURED: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum Any person or organization shown in the Schedule limits required by the written contract or Of Additional Insureds And Covered Operations that agreement, the insurance provided to the you agree in a written contract or agreement to additional insured will be limited to such include as an additional insured on this Coverage minimum required limits. For the purposes of Part is an insured,but only: determining whether this limitation applies, the a. With respect to liability for "bodily injury" or minimum limits required by the written contract or "property damage" that occurs, or for "personal agreement will be considered to Include the injury caused by an offense that is committed, minimum limits of any Umbrella or Excess liability coverage required for the additional subsequent to the signing of that contract or insured by that written contract or agreement. agreement and while that part of the contract or This provision will not increase the limits of agreement is in effect; and insurance described in Section III — Limits Of b. If, and only to the extent that, such injury or Insurance. damage is caused by acts or omissions of you or your subcontractor in the performance of "your b. The insurance provided to such additional work" on or for the project, or at the location, insured does not apply to: shown in the Schedule Of Additional Insureds (1) Any "bodily injury", "property damage" or And Covered Operations, to which the written injury" ari out theproviding, contract or agreement applies. Such person or orb failure jtour provide, any of prfessionl organization does not qualify as an additional architectural,failure engineering or surveying insured with respect to the independent acts or services, including: omissions of such person or organization. CG D2 47 04 19 0 2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to (c) The nature and location of any injury or prepare or approve, maps, shop damage arising out of the "occurrence" drawings, opinions, reports, surveys, or offense, field orders or change orders, or the (2) If a claim is made or"suit" is brought against preparing, approving, or failing to the additional insured: prepare or approve, drawings and specifications;and (a) Immediately record the specifics of the (b) Supervisory, inspection, architectural or claim or"suit"and the date received;and engineering activities. (b) Notify us as soon as practicable and see to it that we receive written notice of the (2) Any "bodily injury" or "property damage" claim or"suit"as soon as practicable. caused by "your work" and included in the "products-completed operations hazard" (3) Immediately send us copies of all legal unless the written contract or agreement papers received in connection with the claim specifically requires you to provide such or "suit", cooperate with us in the coverage for that additional insured during investigation or settlement of the claim or the policy period. defense against the "suit", and otherwise comply with all policy conditions. c. The additional insured must comply with the following duties: (4) Tender the defense and indemnity of any claim or "suit" to any provider of other (1) Give us written notice as soon as practicable insurance which would cover such additional of an "occurrence" or an offense which may insured for a loss we cover. However, this result in a claim.To the extent possible,such condition does not affect whether the notice should include: insurance provided to such additional insured is primary to other insurance (a) How, when and where the "occurrence" or offense took place; available to such additional insured which covers that person or organization as a (b) The names and addresses of any injured named insured as described in Paragraph 4., persons and witnesses; and Other Insurance, of Section IV—Commercial General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.AU rights reserved. CG D2 47 04 19 Policy Number: 6800G446814 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, • XTEND ENDORSEMENT FOR SMALL BUSINESSES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries C. Who Is An insured—Newly Acquired Or B. Who Is An Insured—Employees And Volunteer Formed Limited Liability Companies Workers—Bodily Injury To Co-Employees And D. Incidental Medical Malpractice Co-Volunteer Workers E. Blanket Waiver Of Subrogation PROVISIONS b. An organization other than a partnership,joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company;or SUBSIDIARIES c. A trust; The following is added to SECTION II—WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership B. WHO IS AN INSURED — EMPLOYEES AND or joint venture, that is not shown as a Named VOLUNTEER WORKERS — BODILY INJURY Insured in the Declarations is a Named Insured TO CO-EMPLOYEES AND CO-VOLUNTEER if: WORKERS a. You are the sole owner of, or maintain an The following is added to Paragraph 2.a.(1) of ownership interest of more than 50% in, such SECTION II—WHO IS AN INSURED: subsidiary on the first day of the policy Paragraphs (1)(a), (b) and (c) above do not period;and apply to "bodily injury" to a co-"employee" while b. Such subsidiary is not an insured under in the course of the co-"employee's" employment similar other insurance. by you or performing duties related to the subsidiary is an for conduct of your business, or to "bodily injury" to No sucho subsidiary property damage"is insuredthat occurred,"bodilyor your other "volunteer workers" while performing Injury"personal and advertising injury" caused by an duties related to the conduct of your business. offense committed: C. WHO IS AN INSURED — NEWLY ACQUIRED a. Before you maintained an ownership interest OR FORMED LIMITED LIABILITY COMPANIES of more than 50%in such subsidiary;or 1. The following replaces the first sentence of b. After the date, if any,during the policy period Paragraph 3. of SECTION II — WHO IS AN that you no longer maintain an ownership INSURED: interest of more than 50%in such subsidiary. Any organization you newly acquire or form, For purposes of Paragraph 1,of Section II—Who other than a partnership or joint venture, and Is An Insured, each such subsidiary will be of which you are the sole owner or in which you maintain an ownership interest of more deemed to be designated In the Declarations as: than 50%, will qualify as a Named Insured if a. A limited liability company; CG D8 42 0219 ©2018 The Travelers Indemnity Company.Alf rights reserved, Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. COMMERCIAL GENERAL LIABILITY there is no other similar insurance available scope of their employment by you or to that organization. performing duties related to the conduct 2. The following replaces the last sentence of of your business. Paragraph 3. of SECTION II —WHO IS AN 3. The following replaces the last sentence of INSURED: Paragraph 5. of SECTION III — LIMITS OF For the purposes of Paragraph 1. of Section INSURANCE: II — Who Is An Insured, each such For the purposes of determining the organization will be deemed to be applicable Each Occurrence Limit, all related designated in the Declarations as: acts or omissions committed in providing or failing to provide "incidental medical a. A limited liability company; services", first aid or "Good Samaritan b. An organization other than a partnership, services" to any one person will be deemed joint venture or limited liability company; to be one"occurrence". • or 4. The following exclusion is added to c. A trust; Paragraph 2., Exclusions, of SECTION I — as indicated in its name or the documents COVERAGES — COVERAGE A — BODILY that govern its structure. INJURY AND PROPERTY DAMAGE D. INCIDENTAL MEDICAL MALPRACTICE LIABILITY: 1. The,following replaces Paragraph b. of the Sale Of Pharmaceuticals definition of "occurrence" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or b. An act or omission committed in ordinance relating to the sale of providing or failing to provide "incidental pharmaceuticals committed by, or with the medical services", first aid or "Good knowledge or consent of,the insured. Samaritan services" to a person, unless 5, The following is added to the DEFINITIONS you are in the business or occupation of Section: providing professional health care "Incidental medical services"means: services. a. Medical, surgical, dental, laboratory, x- 2, The following replaces the last paragraph of ray or nursing service or treatment, Paragraph 2,a.(1) of SECTION II —WHO IS advice or instruction, or the related AN INSURED: furnishing of food or beverages;or Unless you are in the business or occupation b. The furnishing or dispensing of drugs or of providing professional health care medical, dental, or surgical supplies or services, Paragraphs (1)(a), (b), (c) and (d) appliances. above do not apply to "bodily injury" arising 6. The following is added to Paragraph 4.b„ out of providing or failing to provide: Excess Insurance, of SECTION IV — (a) "Incidental medical services" by any of COMMERCIAL GENERAL LIABILITY your"employees" who is a nurse, nurse CONDITIONS: assistant, emergency medical This insurance is excess over any valid and audiologist,olos paramedic, athletic trainer,nutritionist, collectible other insurance, whether primary, cpton dietician,aptoccupational excess, contingent or on any other basis, occupational nal therapist pht co herapito that is available to any of your "employees" therapy assistant, physical therapist or for"bodily injury" that arises out of providing speech-language pathologist;or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees"or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who is An Insured. volunteer doctor. Any such "employees" E. BLANKET WAIVER OF SUBROGATION or"volunteer workers"providing or failing to provide first aid or "Good Samaritan The following is added to Paragraph 8.,Transfer services"during their work hours for you Of Rights Of Recovery Against Others To Us, will be deemed to be acting within the Page 2 of 3 0 2018 The Travelers Indemnity Company.All rights reserved. CG D8 42 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, POLICY NUMBER: BA040000015527 COMMERCIAL AUTO • CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: • AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indicated below. Named insured: GRAFIX SYSTEMS Endorsement Effective Date:6/15/2023 SCHEDULE Name(s)Of Person(s)Or Organization(s): The City of Huntington Beach The City of Huntington Beach,its officers,elected or 2000 Main St appointed officials,employees,agents and volunteers Huntington Beach, CA 92648-2702 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organizations)shown In the Schedule,but only to the extent that subrogation is waived prior to the"accident" or the loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office,Inc.,2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 03 (Ed.09-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver The City of Huntington Beach, its officers, elected or appointed officials,employees, agents and volunteers. This endorsement changes the policy to which it Is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 01-09-23 Policy No. 5FA5WC8001098-01 Endorsement No. 001 Insured GRAFIX SYSTEMS Premium$INCL. Insurance Company AMERICAN FAMILY HOME INSURANCE COMPANY Countersigned By WC 99 04 03 Includes copyrighted material of National Council on Compensation Insurance with its permission (Ed. 09-08) Copyright 1983 National Council on Compensation Insurance. Insured Copy