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HomeMy WebLinkAboutPlantscapers - 2024-10-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PLANTSCAPERS FOR INDOOR PLANT MAINTENANCE 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 Plantscapers, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of indoor plant maintenance. 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 Julie Davis Farrow, 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. 24-15213/351118 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 Thirty Thousand Dollars ($30,000.00) during any one year of the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works not to exceed amount. 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 October 1, 2024, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate June 30, 2028, 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. 24-15213/351118 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 24-15213/351118 3 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) 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 24-15213/351118 4 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. 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, 24-15213/351118 5 orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 Plantscapers, Inc. Attn: Director of Public Works Attn: Julie Davis Farrow 2000 Main Street 1751 McGaw Avenue Huntington Beach, CA 92648 Irvine, CA 92614 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. 24-15213/351118 6 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 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. 24-15213/351118 7 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; 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. 24-15213/351118 8 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. 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. 24-15213/351118 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 PLANTSCAPERS,INC. municipa • •poration of the State of Califorpe C e.D FAcreal) Mayor Pritlt.-nan ITS: (circle Qne)Chau•ma1 n/Presidepv art/14U ����Vice Presiden City Clerk //,e20/' AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED 0 ORM: City Attorney REVIEWED AND APPROVED: City Manage 24-15213/351118 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Provide indoor plant maintenance. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 24-15213/351118 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 24-15213/351118 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. 24-15213/351118 13 EXHIBIT B Client Address Monthly Maintenance$ 19001 Huntington Street City of HB-Water Yard Huntington Beach,CA 92648 $257.00 2000 Main Street City of HB-Civic Center Huntington Beach,CA 92648 $991.00 7111 Talbert Ave City of HB-Library Huntington Beach,CA 92648 $643.00 1 ------r-41 ® DATE(MMlDD(YYYY) AC RD CERTIFICATE OF LIABILITY INSURANCE 9/25/2024 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(les)must 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 HAMEACT Diana Spinoglio BMR Insurance Agency, Inc. (AICNo.Entl: (714)838-1911 FAX(Atc,Ne): t714)e3e-sisc P.O. Box 1025 E•MAIL diana@bmrins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL S Tustin CA 92781 INSURER A:Hartford Underwriters Ins. Co. 30104 INSURED INSURERB:Hartford Insurance Company 19682 Plantscapers, Inc INSURERC: 1751 MaGaw Ave INSURER D: INSURER E: Irvine CA 92614-5731 INSURERF: , COVERAGES CERTIFICATE NUMBER:24--25 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LrR TYPE OF INSURANCE IANSD SUER POLICY NUMBER (MM/DDYIYYYY) (MMIDDIIYYYYY1 LIMITS X COMMERCIAL GENERAL��-- ����--^^LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE 1 1 OCCUR DAMAGE TO RENTED PREMISES PREsE$(Ea accurrencol $ X Y 72SBABJ9T8P 9/30/2024 9/30/2025 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENI'LAGOREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY n JEC pi LOC OTHER: PRODUCTS-COMP/OP AOO $ 2,000,000 Employee Dishonesty 50,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea seek/ere)_ B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED -SCHEDULED AUTOS AUTOS X Y 72DSCCM3433 9/30/2024 9/30/2025 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Uninsured motorist combined single $ 1,000,000 - X UMBRELLALIAB -OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DEO I I RETENTION$ X 72SBABJ9TEP 9/30/2024 9/30/202S S WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY PER I ER ANY PROPRIETOR/PARTNER/EXECUTIVE Yam'(N(A E.L.EACH ACCIDENT $ 1,000,000 B' OFFICER/MEMBER EXCLUDED? I i (MandatorylnNH) I 72WECBJ9TO7 9/30/2024 9/30/2025 E.L.DISEASE•EA EMPLOYEE $ 1,000,000 If yes,doscdbo under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Addittonai Remarks Schedule,may be altaohed If more space Is required) f.).)\ 30 days written notice of cancellation except 10 days notice for non-paymen)kr* o t�agi,87itf�MINIMof Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers e listed as their interests appear per the attached endorsements. MICHAEE.E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION RMinsurance@surfcity-hb.org SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Gary Arch/DIANA 04""44 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Policy change: (0, THE , HARTF o Business Owner's POliCy Policy Number: 72 SBA BJ9T8P Insurer: Hartford Underwriters Insurance Company, a Policy Period: 09/30/2024 to 09/30/2025 property and casualty company of The Hartford Named Insured and Mailing Address: PLANTSCAPERS, INC, One Hartford Plaza, Hartford, CT 06155 1751 MCGAW AVE, Name CA 92614-5731 of Agent/Broker: BMR INSURANCE AGENCY Policy Change Number: 001 13732 NEWPORT AVENUE SUITE 3 TUSTIN, CA 92780 Policy Change Effective Date: 09/30/2024, Effective hour is the same as stated In the Code: 72186640 Declarations Page of the Policy. Coverage Parts Affected: Umbrella Liability Common This is NOT a bill. However, any changes in your premium will be reflected In your next billing statement. You will receive a separate bill from The Hartford. If you are enrolled In repetitive EFT draws from your bank account, changes In premium will change future draw amounts. et c, n s eser be er4�__ e d1 i pe i i; tie ° O. 340 R 'Price Is subject to fees and surcharges Countersigned by: �'gaG'a ' 10/01/2024 Authorized Representative Date Form SC 00 0610 18 Page 1 of 2 Process Date: 10/01/2024 U 2018,The Hartford Policy Expiration Date:09/30/2025 (May include copyrighted material of Insurance Services Office, Inc.,with its permission) Policy Change : J�S4a THE RD Business Policy HARThe Comprehensive Automobile Liability, Employers Liability, Foreign Liability section of the Extension Schedule of Underlying Insurance has been revised, refer to form SU0003. • The following Additional Insured has been added as an Additional Insured-Owners, Lessees or Contractors-Completed Operations. d ,: { s 9 q 4 ca e' � jpl to City of Huntington Beach,Its officers,elected or appointed 2000 Main Street,Huntington officials,employees,agents and volunteers.,2000 Main Street, Beach,CA 92648 Plant maintenance-Interior Huntington Beach,CA 92648 Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy. 1 D�� M O�II,�I�MH�R- _ �,F F R '- t ,A',9,9YP SC 00 06 1018 POLICY CHANGE I Common ADDITIONAL INSURED-OWNERS, SL 30 36 10 18 LESSEES OR CONTRACTORS- Liability COMPLETED OPERATIONS Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. PARTS SU 00 03 10 18 EXTENSION SCHEDULE OF Umbrella UNDERLYING INSURANCE Form SC 00 0610 18 Page 2 of 2 Process Date: 10/01/2024 ©2018, The Hartford Policy Expiration Date: 09/30/2025 (May include copyrighted material of Insurance Services Office, Inc.,with its permission) • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD • ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS POLICY NUMBER:72 SBA BJ9T8P This endorsement modifies Insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement,the terms and conditions of the Policy apply. The following is added to Section C.WHO IS AN INSURED: Additional Insured—Owners, Lessees Or Contractors—Completed Operations a. The person(s)or organization(s)shown in the Schedule on the Declarations is also an additional insured, but only with respect to liability for"bodily Injury"or"property damage"caused, in whole or in part, by"your work" and at the location designated and described in the Location And Description Of Completed Operations Schedule in the Declarations performed for that additional insured and Included In the "products-completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural,engineering or surveying services, including: (1) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations,permit applications, payment requests, manuals or Instructions; (2) Supervisory,inspection, quality control,architectural, engineering or surveying activities or services; (3) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (4) Monitoring,sampling,or testing service necessary to perform any of the services included in (1), (2)or(3) above; (5) Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in(1), (2)or(3)above; c. The insurance afforded to these additional Insureds only applies to the extent permitted by law. d. If coverage provided to these additional insureds is required by a written contract, agreement or written permit Issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement or permit to provide for these additional insureds. Form SL 30 3810 18 Page 1 of 1 Process Date: 10/01/2024 ©2018,The Hartford Policy Expiration Date: 09/30/2025 (May include copyrighted material of insurance Services Office, Inc.,with its permission) Declarations: Business Owner's Policy • Policy Number: 72 SBA BJ9T8P Name of Agency/Broker: BMR INSURANCE AGENCY Policy Period: 09/30/2024 to 09/30/2025, 13732 NEWPORT AVENUE SUITE 3 12:01 a.m., Standard time at your mailing TUSTIN, CA 92780 address shown here. Exception: 12 noon in New Hampshire. insurer: Code: 72186640 Hartford Underwriters Insurance Company, a property and casualty company of The Previous Policy Number: Hartford. New • One Hartford Plaza, Hartford, CT 06155 Organization Type: Corporation • Named Insured and Mailing Address: Audit Period: Non-Auditable PLANTSCAPERS, INC 1751 MCGAW AVE Insurance Provided: In return for the IRVINE, CA 92614-5731 payment of the premium and subject to all of the terms of this policy,we agree Type of Business: Plant Maintenance- with you to provide insurance as stated Interior in this policy. ���'t, lid E r �� r A� _a Total Premium includes the premium for all Coverage Parts issued to you in this policy,as well as any companion policies delivered with this policy.Total Premium Includes any applicable fees and surcharges.Total Premium may change based on coverage changes made through endorsement or if your policy Is subject to Premium Audit. Countersigned by: lee ��" C'R��� 09/24/2024 Authorized Representative Date A Business Owner's Policy typically covers property and business liability risks. Generally, Property insurance pays you If a covered cause of loss damages property that you own,rent or lease.Business liability insurance pays in certain cases where something you do or something you own causes injury or damage to someone else,or someone else's property. Please see the coverages and limits described in your Declarations for details regarding the Insurance you purchased. This Spectrum®Business Owner's Policy consists of the Declarations,Coverage Forms,Coverage Parts,Common Policy Conditions and any other Forms and endorsements Issued to be a part of the Policy.The Hartford®is Hartford Fire Insurance Company and Its affiliated property and casualty Insurance companies. Form:SC 00 01 1018 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ iT CAREFULLY. THE`' "$•' HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies Insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement,the terms and conditions of the Policy apply. A. The following is added to Section C.WHO IS AN INSURED: Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organizations) Identified in Paragraphs a. through f. below are additional insureds when you have agreed, In a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the Injury or damage occurs subsequent to the execution of the contract or agreement,or the issuance of the permit. A person or organization is an additional Insured under this provision only for that period of time required by the contract,agreement or permit. However, no such person or organization Is an additional insured under this provision if such person or organization is Included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract,agreement,or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance Is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for"bodily injury" or"property damage" included within the"products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (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 such inspections, adjustments, tests or servicing as the vendor 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 vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) • • THE HARTFORD (2) Premises Rented To You That Is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g.of Section B. Exclusions, (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k.of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance;or (7) When You Add Others As An Additional insured To This Insurance That is other insurance available to an additional insured. However,the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance Is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other Insurance is also primary,we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement or permit that this insurance is primary and non-contributory with the additional insured's own Insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs(a)and(b)do not apply to other Insurance to which the additional insured has been added as an additional Insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any"suit" if any other insurer has a duty to defend the insured against that"suit", If no other insurer defends, we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any,that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other Insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part. c. Method Of Sharing If all the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE'=-:: ' HARTFORD WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement,the terms and conditions of the Policy apply. The following is added to Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS: We waive any right of recovery we may have against: a. Any person or organization shown in the Declarations,or b. Any person or organization with whom you have a contract that requires such waiver. • Form SL 30 03 10 18 Page 1 of 1 ©2018,The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with Its permission) • Declarations:Business Liability Coverage Part Your policy includes the liability coverages listed below.The limits in the right-hand column show the maximum amount we'll pay. a ea-w w �. ,�,�'4^ y 'fi•�ax1'[ w ir'��si✓.+ .ss,}' .r.,'_ OR UMB. L,tiNtiT O NS RA v. SL 0000 10 18 BUSINESS LIABILITY COVERAGE FORM Damage To Premises Rented To You Limit $1,000,000— — General Aggregate Limit $2,000,000 Liability and Medical Expenses Limit $1,000,000 Medical Expenses Limit $10,000 Personal and Advertising Injury Limit $1,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Property Damage Liability Deductible No Deductible ADDITIONAL BUSINESS LIABi�.tTY coVaRAG�s SL 3018 10 18 AMENDMENT-AGGREGATE LIMITS(PER PROJECT) Included SL 30 32 06 21 BLANKET ADDITIONAL INSURED BY CONTRACT Includedt SL 30 03 10 18 WAIVER OF SUBROGATION See schedule below tlncluded In Business Liability Llmil(s) S` ,SVttLI BII QED , Ifyt)**001.33E FormName4 hx t be0rl`•to mmg ,oto SL 30 031018 . WAIVER OF SUBROGATION Trillium Property Management Location:PO Box 55074, PMB 34943,Boston,MA •• • 02205 I� QSS 1` T�Y' O +IDS , . n LL'' £ c"c t f' }Z �'i ROr�t IYtlm�tte��V F-ax'r�,FAriXI Hama `�'�1; '`� ' �' S 3 a`�`p ��` � � , 4, t u � � § 4 .:.,a..�r��i„.,r S «..-. ..n4i,.-.'.x. ,.,..e.f'.,✓` ?a.c.....�,.[ N_,a,ay J;'�£s:..... 'u ,t..r_"`:,.�« ,-R s.gl sa.>..a�c, s ?,iF- n,.c.:�_-.tJ SL 20 06 10 18 EXCLUSION-NUCLEAR ENERGY LIABILITY SL 20 78 10 18 • EXCLUSION-SILICA-BUSINESS LIABILITY COVERAGE FORM tepemgoaptooitw BUSINESSEs sal A ptqmorassommia,outa.C�,a , p I U t *Price is subject to fees and surcharges. For more details, refer to Page 10 Form:SC 00 01 10 18 • 8