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HomeMy WebLinkAboutC-7819-1 - On-Call PSA for Training Services, Amendment No. 1rI.r' AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT V WITH SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER DBA GOVERNMENT TRAINING AGENCY FOR TRAINING SERVICES THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 28th day of October, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER doing business as ("DBA") GOVERNMENT TRAINING AGENCY, a California Joint Powers Authority ("Consultant"), whose address is 6155 Cornerstone Court East, Suite 130, San Diego, CA 92121, and is made with reference to the following: RECITALS A. On December 2, 2019, City and Consultant entered into a Professional Services Agreement ("Agreement') for Training Services ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to November 30, 2024. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2024, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Southern California Intergovernmental Training and Development Center DBA Government Training Agency Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: is /Z 5 ZZ By: a o C. Harp V MrItF Ci y Attorney rola�lzz ATTEST: Date: 1 1t Z3 CITY OF NEWPORT BEACH, a California mu ' ipal corp�rpn Date:_' - (JJ By. Barbara J. Salvini Human Resources Director CONSULTANT: Southern California Intergovernmental Training and Development Center DBA Government Training Agency, a California Joint Powers Authoritv De By: A�q4By Leilani I. Brow City Clerk �2t1FUR� Date: t t l �S' � � 4,_ By, Peggy Wan Accounting Manage [END OF SIGNATURES] Southern California Intergovernmental Training and Development Center DBA Government Training Agency Page 2 From: Hua, Caroline To: Mulvey, Jennifer Subject: FW: Ebix Date: January 17, 2023 10:05:33 AM Attachments: imaae005.ona imaae006.ona image007.pna imaae008.ona imaae009.ona Hi Jennifer, Please see the attached compliance notice for The Southern California Intergovernmental Training DBA Government Training Agency. I will be sending the two original agreements for execution via interoffice mail today. Thank you, WMoRT Caroline Hua Human Resources Specialist I Human Resources Department u i� Office:949-270-8143 ` i c�<iFoaN 100 Civic Center Drive, Bay 2A Newport Beach, CA 92660 The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain proprietary, business -confidential and/or privileged material. If you are not the intended recipient of this message, be aware that any use, review, retransmission, distribution, reproduction or any action taken in reliance upon this message is strictly prohibited. If you received this in error, please contact the sender and delete the material from all electronic devices. From: Madsen, Angela <AMadsen@nevvportbeachca.gov> Sent: January 17, 2023 8:15 AM To: Hua, Caroline <CHua@newportbeachca.gov> Subject: RE: Ebix Hi Caroline, It looks like Government Training Agency is compliant and Centre for Organizational Effectiveness reflects one deficiency. Name Account Number Address Status. The Southern California Intergovernmental Training FV00000910 6155 Cornerstone Court East. Suite. San Diego, CA 92121 Compliant ,, nh'A'aived Deficiencies I 00 ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND U DEVELOPMENT CENTER DBA GOVERNMENT TRAINING AGENCY FOR TRAINING SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 2nd day of December, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER doing business as ("DBA") GOVERNMENT TRAINING AGENCY, a California Joint Powers Authority ("Consultant'), whose address is 6155 Cornerstone Court East, Suite 130, San Diego, CA 92121, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide Training Services ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2022, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 2.1.3 The estimated number of hours and cost to complete the Services; and 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Five Thousand Dollars and 00/100 ($75,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 2 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Michael Gray to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Human Resources Department. City's Human Resources Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 3 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 4 subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 6 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 7 that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seo., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Human Resources Director Human Resources Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 8 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Michael Gray The Southern California Intergovernmental Training and Development Center dba Government Training Agency 6155 Cornerstone Court East, Suite 130 San Diego, CA 92121 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 9 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 10 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a Californi multi i I corporation Date: 11 /7 S 201 R Date: i t; Aaron C. Harp \a Barbara J. Salvini F° City Attorney Human Resource irector ATTEST: CONSULTANT: THE SOUTHERN Date: a. 5. �0 CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER doing business as ("DBA") GOVERNMENT TRAINING AGENCY, a California Joint Powers Authority ►d� 4a-,rZ� BrownLeilani 1. City Clerk �e�1ST.T Executive [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rate: Exhibit C — Insurance Requirements The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page 12 EXHIBIT A SCOPE OF SERVICES The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page A-1 EXHIBIT A - SCOPE OF SERVICES Upon written request from the City's Project Administrator, Consultant shall provide a letter proposal for Services requested by the City. Consultant shall perform on-call services described below. No Services shall be provided until the City's Project Administrator has provided written acceptance of the Letter Proposal. Training topics may include, but are not limited to the following: • Human Resources training; • Management training; • Leadership and Supervisory training; • Personal development and behavioral training; • Presentation, instruction and facilitation skills; • Team Development skills; • Writing skills; • Organizational Effectiveness training; or • Any other training topic deemed necessary by the City's Project Administrator. EXHIBIT B SCHEDULE OF BILLING RATES The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page B-1 EXHIBIT B - SCHEDULE OF BILLING RATES Services provided under this Agreement shall be in accordance with the following compensation terms: Service: Rate: Training/Program Facilitation. Courses can be $700 to $2,500 per day (8 hours) provided in 8 -hour, 4 -hour or customized formats. Miscellaneous Reimbursable Items Rate: Materials, Supplies, Assessment Tools Billable at cost Travel Expenses Travel -related expenses to be reimbursed with written approval from the City on a per -project basis. The exact rates for Services shall be determined on a project -by -project basis and indicated in a Letter Proposal to the City. TOTAL NOT TO EXCEED: $75,000.00 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page C-3 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. The Southern California Intergovernmental Training and Development Center dba Government Training Agency Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/4/2020 Dept./Contact Received From: Rebecca Redyk Department: Human Resources Sent to: Marissa By: Rebecca Company/Person required to have certificate: Government Training Agency (GTA) Type of contract: Professional Services Agreement - Training 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/2019 - 7/1/2020 A. INSURANCE COMPANY: Public Entity Risk Management Authority B. AM BEST RATING (A-: VII or greater): not rated C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑✓ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M per occur/$2M agg E. ADDITIONAL INSURED ENDORSEMENT—pleaseattach E] Yes ❑✓ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City PRIMARY & NON-CONTRIBUTORY WORDING its officers, officials, employees and volunteers): Is it ENDORSEMENT -please attach Z Yes ❑ No included? Z Yes ❑J No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ADDITIONAL INSURED ENDORSEMENT—please attach ®Yes PC No included): Is it included?✓❑ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No include): Is it included? (completed Operations status does SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ✓❑N/A []Yes ❑ No not apply to Waste Haulers or Recreation) ❑✓ N/A []Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/2019 - 7/1/2020 A. INSURANCE COMPANY: Public Entity Risk Management Authority B. AM BEST RATING (A-: VII or greater) not rated C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑✓ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $21A min for Waste Haulers): What is limits provided? $1M CSL E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT -please attach Z Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑Yes ❑✓ No G. ADDITIONAL INSURED ENDORSEMENT—please attach ®Yes PC No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ✓❑N/A []Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 12/16/2019 -12/19/2020 A. INSURANCE COMPANY: Employers Preferred Insurance Company B. AM BEST RATING (A-: VII or greater): A : XI C. ADMITTED Company (Must be California Admitted): ❑✓ Yes []No D. WORKERS' COMPENSATION LIMIT: Statutory ❑✓ Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1M F. WAIVER OF SUBROGATION (To include): Is it included? ❑✓ Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ❑✓ N/A ❑ Yes ❑ No ADDITIONAL COVERAGES THAT MAYBE REQUIRED 0 PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7n/2019-7/19/2020 A. INSURANCE COMPANY: Public Entity Risk Management Authority ($2M agg) ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: Non -admitted, unrated carrier for GL, AL & PL (PERMA) - risk is low due to nature of work but will re-evaluate when the 2019-2020 CAFR is made publicly available. GL & Auto additional insured - blanket additional insured when required by written agreement per MOC. Approved: 'ov Risk Manager cent 2/5/2020 Date DERMA 36-951 Cook Street, Suite 101 Palm Desert, CA 92211 (760)360-4966 tel (760)360-3264 fax PUBLIC ENTITY RISK MANAGEMENT AUTHORITY CERTIFICATE OF LIABILITY COVERAGE ISSUE DATE: December 13, 2019 CERTIFICATE HOLDER AND ADDITIONAL COVERED PARTY: CITY OF NEWPORT BEACH ATTN: HUMAN RESOURCES DIRECTOR, HR DEPT. 100 CIVIC CENTER DRIVE PO PDX 1768 NEWPORT BEACH, CA 92658 COVERED PARTY: SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER DBA THE REGIONAL TRAINING CENTER (RTC) DBA GOVERNMENT TRAINING AGENCY (GTA) 6155 CORNERSTONE CT. SUITE 130 SAN DIEGO, CA 91212 COVERAGE PROVIDED BY: Public Entity Risk Management Authority (PERMA) COVERAGES: THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE PARTY NAMED ABOVE FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE PROVIDED IS LIMITED TO THE ACTIVITY DESCRIBED HEREIN AND IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF THE MEMORANDUM OF LIABILITY COVERAGE. TYPE OF CERTIFICATE EFFECTIVE COVERAGE NUMBER DATE General Liability 446 7/1/2019 Auto Liability 446 7/1/2019 any automobile EXPIRATION ))A•I,E, COVERAGE LIMITS 7/1/2020 Each Occurrence -$1,000,000 7/1/2020 Combined Single Limit - $1,000,000 DESCRIPTION OF ACTIVITY: AS RESPECTS ON-CALL PROFESSIONAL SERVICES AGREEMENT ENTERED INTO ON THE 2ND DAY OF DECEMBER 2019 BETWEEN THE COVERED PARTY AND THE CERTIFICATE HOLDER, CITY OF NEWPORT BEACH IS ADDED AS AN ADDITIONAL COVERED PARTY BUT ONLY AS IT PERTAINS TO OPERATIONS UNDER AGREEMENT ARE CONCERNED. PERMA WAIVES SUBROGATION AGAINST THE CITY, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES PER THE AGREEMENT. PRIMARY & NON-CONTRIBUTORY PROVISION INCLUDED. 30 DAY NOTICE OF CANCELLATION WILL PROVIDED TO THE CERTIFICATE HOLDER. PROFESSIONAL LIABILITY COVERAGE INCLUDED. $2,000,000 AGGREGATE LIMIT APPLIES. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF PERMA WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE BUT FAILURE TO MAIL SUCH NOTICE SHA POSE.NO._ OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, ITS AGENTS OR REPRESENTATIVES. <r~� Seth Cole Authorized Representative AUTHORIZED SIGNATURE NAME AND TITLE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY PRIMARY/NON-CONTRIBUTORY and WAIVER OF SUBROGATION AMENDATORY ENDORSEMENT Certificate Number: 46 SECTION VI CONDITIONS, C. Other Coverage of the Memorandum of Liability Coverage is amended and the following added: If the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non-contributory with respect to an additional covered party, then this coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of the limits stated on the Certificate of Liability Coverage or the minimum limits required by the written agreement. SECTION VI CONDITIONS, E. Subrogation of the Memorandum of Liability Coverage is amended and the following added: PERMA waives its rights of subrogation against any person or organization with whom the covered party has entered into a written agreement that includes a waiver of subrogation, but only if the agreement is in effect before the injury, damage or liability occurs. It is further agreed that nothing herein shall act to increase PERMA's limit of liability. This endorsement is part of the Memorandum and takes effect on the effective date shown below. All other terms and conditions remain unchanged. Effective Date: 07/01/2019 Expiration Date: 07/01/2020 Additional Covered Party: The City of Newport Beach, its city council boards and commissions, officers, agents, volunteers, and employees 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 YA <011'6A Authorized Representative Public Entity Risk Management Authority Covered Party: SCITDC 6155 Cornerstone Court Suite 130 San Diego, CA 91212 02/04/2020 Issue Date ACORO CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) l/ 1 2/1 312 0 1 9 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: lithe 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 COAME: TA T N Automatic Data Processing Insurance Agency, Inc. eNouu FAX u^ 1 Adp Boulevard Roseland INSURED NJ 07068 INSURERIS) AFFORDING COVERAGE Emphyers Preferred Insurance Company SOUTHERN CA INTERGOVERNMENTAL INSURER C: DBA GOVERNMENT TRAINING AGENCY INSURER D: 6155 CORNERSTONE CT E STE 130 INSURER E: San Diego CA 92121 INSURER F: COVERAGES CERTIFICATE NUMBER: 1330297 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. AUTHORIZED REPRESENTATIVE INSR LTR TYPE OF INSURANCE D WVD POLICY NUMBER POLICY EFF MMIDDM'YY LICY EXP r MMPOIDDM'YY ----_--- F LIMITS — - _ - - — - COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CI LAIMSMAOE ❑ OCCUR UK PREMISEA.ALS Ee occurrence 5 MED EXP (My ane person) S PERSONAL If ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S POLICY r7 JECT � LOC PRODUCTS - COMPIOPAGG S B OTHER: AUTOMOBILE LIABILITY '. COMBINED SINGLE LIMIT Ea amidenl S INJURY (Per person) S ANY AUTO SCHEDBODILY OWNED ED LED AUTOS ONLY AUTOS BODILY INJURY (Per eccitlen) 5 HIRED NONOWNEDPR AUTOS ONLY AUTOS ONLY � PERTY DAMAGE Peraaitlanl S S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB I CLAIMS-MADE 1 I I AGGREGATE $ ', OEO RETENTION$ S WORKERS COMPENSATION I PER OTH- AND EMPLOYERS' LIABILITY YIN A OFFICERIMEMBER EXCLUDEDANY ' NIA Y EIG204070206 12/16/2019 (Mandatory In FIG X STATUTE ER _ 12/16/2020 .. E.L.EACH ACCIDENT 5 1,DDD,DDD E.L. DISEASE - EA EMPLOYEE S 1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below E 1. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) This certificate of insurance includes a Waiver of Subrogation in favor of the certificate holder. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Center Drive AUTHORIZED REPRESENTATIVE Newport Beach CA 92658 CcT t9RR.9nt5 ACORD CORPORATION All rinhfe ,aeenrnd ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staled. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12/16/2019 Policy No. EIG 2040702 06 at 12:01 AM standard time, forms a part of Of the EMPLOYERS PREFERRED INS. CO. Issued to SOUTHERN CA INTERGOVERNMENTAL Premium Countersigned at on Carrier Code 00920 Endorsement No. By:Zr��� Authorized Representative WC 04 03 06 (Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.