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HomeMy WebLinkAboutAGMT - Dekra-Lite (Installation of Holiday Decorations)PROFESSIONAL SERVICES AGREEMENT for Installation of Holiday Decorations between City of Seal Beach 21 *1 - 8th Street Seal Beach, CA 90740 Dekra-Lite 3102 W. Alton Avenue Santa Ana, CA 92704 (714) 436-0705 This Professional Service Agreement ("the Agreement") is made as of July 23, 2021 (the "Effective Date"), by and between Dekra-Lite ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional services to install Citywide Holiday Decorations. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide Holiday Decorations in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that it is qualified and able to provide the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by.like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2 of 14 1.5. Consultant will not be compensated for any work performed not specified In the Scope of Services unless the City authorizes such work in advance and In writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council in accordance with Section 3.0. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on August 1, 2021, and shall remain in full force and effect until March 1, 2022, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the lump sum shown on the proposal in Exhibit A for services but in no event will the City pay more than the total -not -exceed amount of $15,954.06 (Fifteen Thousand Nine Hundred and Fifty Four 06/100) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day In the period. City will pay Consultant within 30 days of receiving Consultants invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 3of14 5.2. This Agreement maybe terminated by City upon 10 days' notice to Consultant if Consultant fails to ' provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Leeroy Chastin is the Consultant's primary representative for purposes of this Agreement. Leeroy Chastin shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change Its representative without the prior written approval of City, which approval shall not be unreasonably withheld. H 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, CA 90740 Attn: City Manager To Consultant: Dekra-Lite. 3102 W. Alton Avenue Santa Ana, CA 90704 Attn: Leeroy Chasfin 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultants supervision, and Consultant -and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will 4of14 determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged In performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall 'be •re4iponsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System CPERS°) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 5of14 serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultants personnel practice. Or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. in addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement•any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are refired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of Indemnification Is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 6of14 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, Including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or . final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 7of14 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall fumish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on -forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:Vlll, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily Injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 8of14 employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its- directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability Insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional Insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the Insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this Indemnity provision are Intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Consultant to Indemnify and protect the City and the other Indemnitees, as set forth In this Agreement. 16.1. Indemnity for Desion Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, 9of14 employees, designated volunteers, successors, assigns and those City agents serving as independent contractors In the role of City officials (collectively "Indemnitees" In this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"); whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or Individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 16.2. Other Indemnities. Other than In the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages'), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such Indemnities, Consultant shall be fully responsible and 10 of 14 indemnify, hold harmless and defend the indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, 'servants, employees, subcontractors, matedalmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory Immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that It is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination Includes, but is not limited to, all activities related to Initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be Insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, Including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 11 of 14 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, In performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter In connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 12 of 14 exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent 'upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at Its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as If set forth in full herein. In the event of any material discrepancy between the terms of any . exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 13 of 14 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT: Dekra-Lite, a California corporation B y Y- *Lil'I R.Ingram, City M@ggge,_,, Name: �Q� �ti• Attest: By: Glona D. LYarlfe Approved as o By: raig A. Steele, City Attorney Its: = By: ?� Name- rh Its: u 5 , (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (0 the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT A Consultant's Proposal ®l j[Dekra-Lite Docoranon rnnovaUon Dekra-lite 3102 W. Alton Ave. Santa Ana, CA, 92704 Phone: (714) 436-0705 Web: wvwi.dekra-lite.com 0 ■ Sales Install No.: QT092532 order Date: 1/512021 Ship Date: 11/2412021 Customer ID: SEA003 Currency: USD of Customer Owned "Silhouette Star" Pole Mounts, Includes Maintenance Sub Total: 15,251.80 Location: Freight & Misc.: 0.00 (20) Seal Beach Blvd (Old Ranch Pkwy to Bradbury Rd.) Tax Total: 702.26 (8) Ocean Ave. (i Olh SL to 8th SL) Total (USD): 15,954.06 ................................... ...... ..................................................... .......... ,................ ......................................... .................. ....... .............. ......................................... 2 LABORIRS Labor Inslallation,Removal &Storage 1.00 EA ........... ............................... 1,153.00 1,153.00 of (16) Customer Owned 30" x 96" Single "Holiday" Banners on Existing Hardware (4) of Each Holiday Designs: 'Colorful Omamenld' "Festive Ornaments" "Giant Candy" "Snout Family" Location: Seal Beach Blvd. (PCH to Bradbury Rd.) ........... .............. _......................................................................... ............ ......................................... .................................................................. 3 IABORIRS Labor Installation, Removal 8 Storage 1.00 EA ...... ................. 809.00 809.00 of (16) Customer Owned 18!'x 39' Single "Holiday" Banners on Existing Hardware (4) of Each Holiday Designs: "Colorful Ornaments" "Festive Ornamenls" "Giant Candy" "Snow Family" Location: Main SL _.................................................................................................................................................. ................................................................................................., 4 LEASESPECIAL Lease Spedal 1 DO EA 5,060.15 5,080.15 Annual Lease Special includes: Installation, Removal and Storage of the products belovr (39) Customer Owned 24" Bow Accent Kits Double with (2) Red Bows and 14" Nat. Garland lit with Warm White LED Mini Lights Location - Main SL (PCH to Ocean Ave.) _........................... ................................................. ............_................................................................................................................................... 5 LEASESPECIAL Lease Special 1.00 EA 2,965.65 2,965.65 Annual Lease Special Includes: Installation, Removal and Storage of the products belovr. (16) Customer Owned 24" BowAccenl Kits Double with (2) Red Bows and 14" Nat. Garland lit with Warm White LED Mini Lights Location - Pier Signature: Date: Please sign and email or fox to (714) 436-0612 Sub Total: 15,251.80 Install Date: Nov. t-24, 2021 Freight & Misc.: 0.00 Removal Dale: Jan. 2.18, 2022 Tax Total: 702.26 50% due by June i, 2021 for preferred installation dates Total (USD): 15,954.06 50% due Net 30 at time of Install 'Installation Dale Range is Not Guaranteed Until Order is Approved "Tax Subject to Change per California Sales and Use Tax Regulations Created By: Diaz, Dulca Pago: 1 of 1 Dakra-Lite Terms and Conditions Priori: PSI Prices subject to change without notice.All minimums aro par colorfor size (sofid pads). Mixing colors to meet minimums is not acceptebto.All orders aro FO.S. Santa Ane, Catfomia. Payment Terms: Cradit Card- WeAccepk AMEK Discover. MasterCard. Visa ACH. EFr and Wife Transfers, Any order being paid for with a credit card is subject to a maximum limit of 5`15 -000 - Prepaid - please 15.000.Prepaid-please add estimated freight of 16% toorder total. Upon approved credit we will determhn0 Net Terns and Credit Um1L New Customers - Please Wralsh tiva (5) references, complate and sign our credit app1:0at0n. Credit approval may take 10 business days, so you may prefaryour first order to be credit card or prepaid. Warranty: We warranty to the original buyer that ail of our displays and accessories wti be free from manufacturer's defects. Under normal conditions of use and service, this protection Is extended for six (6) seasons on at steal fremos, five (5) sees= an gariand three (3) seasons on electrical outing, and one (1) season an all computerized lighting modules. This warrantydoes not apply to light bulbs or light strands. Pais Mount displays are designed 10 WHIIstand up to 40 mph winds with no Ice load. Obligation under this warranty Is limited to repairing or replacing eery part that is found to be defective. LED Ught strands have awarranty for twee (3) e0 day seasons or 25.000 hours. whichever comes first. Simply ship the product to us and we will repiaco the LER Light strand free of charge. From Trees am covered by a tan (10) year warranty against defect under normal candillons and use. Ali nems not spodltcaliy listed aro covered by a one (1) season (60 day) wammty Under this warranty. the companys obligation to repair or replace Is an a non pro -rated best& Labor to install and the cost of shipping ate not included In this waranry and aro expressly In Hou of as other warranties expressed or implied. Bulb bummis or electrical damage caused by the buyer or weather elements, or damage caused by rough handling In bar a are not covered by this warranty. Therefore, units should be Inspected and tested for bulb outage upon delivery and prior to Installation. All merchandise Is carefully Inspected before packing and Is packed in an approved manner in approved canons when H leaves the warehouse. For the purposes of this warranty one (1) season Is detmed as one Installation and removal for a duration tasting no more than 60 days. Return Policy: Any returned products under the fallowing conditions will result in a 20% restocking fee and the customer will incur the freight charges: Customer ordered Incorrect product. Never opened or used product for its intended purpose. No merchandise returns will be accepted without prior written aulhertzation. Return requests will be accepted for credit it submitted and approved within 30 days of receipt of product. Acceptance of Merchandise: Consigneelcustomer isresponsible to notify Dekm-Ute of all Impending doimts) of merchandise delayed lost at damaged In transIL When accepting shipment. consigneelcustomet must inspect all merchandise completely and any claims of any missing cartons or visible damage must be noted on delivery drivers bill of lading or the receipt of deavery. All claims must be filed with Dekm-Uta within 48 tours of delivery or in the case of concealed damage. within 48 hours of Identlfykhg like concealed damages. Customer/consignee is to provide required Information and evidence ofdsmageorloss acarding Dekm-Lila dalms procedure. This may Include preservation of evidence of damagalloss for frrturehnpection. Failure to (allow Dekle-Ute dahms procedure may result in dein denial by the carrier. General Terms: The parties agree to the fallowing additional terms of this cantMet-This contract Is govemed by Cetifamla law and is the entire contract between the parties, superseding all prior conversations and writings between the partes. in One avant of a dispute arising out of this Contract, the parties shell arbitrate In Orange County. CA before a single erbftrator salaried through JA.M.SdENDISPUTE. Any judgment upon the award tendered by the arbitrator may be ordered in any court having jurisdiction thereof. The prevailing party in arbitration shall be entIDad to Us reasonable attorneys fees and costs. A deposit of SWA plus any eppifeable colas tax is due upon executton of any contract with Installation services, custom or special product. The balance is due on the tnstatation date or upon shipping unless spedted in payment torms an the proposallarder. Cancellation and reductions are subject to a 2096 restocking fee. Any amount not paid when due. Is subject to a late charge of 1.5% per month (la%par annum). All payments are due according to the lemks of each Individual preposallorder. Installation: At requested changes to the described work on the proposal/ctder will be subject to additional charges. installation dales aro approximate and gener- ally scheduled as a date range. AH Installation or ship dates specified are subject to change due. to Inclement weather. acts of God or unforeseen circumstances beyond aur control. Changes may occur for reasons Including but not limited to. weather condltiens. property eccessibiHly, early project completion, cc acts of God. Meeldeal Requirements: Owner Is respan ibte for providing and maintaining adequate and functional electrical outlets adjacant to the proposed locations for Ht decomtions, true lights and building lights. GFI receptacles can. wgi, and should Interrupt pourer to decor or fighting in the presence of water or heavy moisture sometimes caused byraUL fog. dow. and spdn(ders. Wet decor. lighting. outlets and surrounding areas may take several hours after exposure, and In some cases days, to completely dry before receptacles can be reset and power restated. De[ua•Ute is not responslbte for outlets that wig not resat due to the presence of moisture. Lighting or decor outages must be reported to our operations department. Deh m -Ute Is not responsible for unreported outages that we have never been made aware at. Ockre-Lite Is not responsible far any products damaged orlost due to vandalism. extreme weather conditions, or acts of God. This Includes leased product. The owner accepts all responsibility while the decor is installed on their properly. Dakro-Lia will make efforts when possible to replace such product for an additlonalchargo. Storage: Storage charges and dates begin upon removal of decor each year and and November 1st annually. items not Instated must be picked up or have a storage fee paid prior to November 1 at of the current year. Unpaid storage or unclaimed items may be discarded without further notice. Insurance: Our standard liability coverage I(tnHs aro 82,000.000.00 General Aggregate; 2.000,000.00 Products-CampfOpAggregate.: 51.000,000,00 Personal & Adv. injury. 51,000,000.00 Each Ocwmenca; $1,000.0a0.CoAutanablle Llabhtty: 57,000.000.00 workers; Compansaeon. our excess tabmty coverage limits aka 5$000.000.00 General Aggregate: 52,000,000.00 Products-ComplOp Aggregate.: 52000.000.00 Each Occurrence. Other Insurance requirements including special language, endorsements or additional coverage may be able to be obtained at the expense of the customer. Section 301 Tadifs: The US Government has taken action an Chlneso-origin goods subject to additional tariffs under Section 301. While you will hind slight increases throughout or product fines. out goat Is to minimize the impact to our valued customers and parings. We won continue to manner the developments of these tariffs and Dekra-Lite Terms and Conditions Prices: AH Prices subject to change without notice. AD minimums are per color/et size (solid pock). Mixing colons to meet mlahnums Is not acceptable. All orders are F.O.B. Santa Ana. Catifomle. Payment Terms: Credit Cord- We Accept: AMEX Discover. MosterCard. VIsaACH. EFT and We Transfers. Any order being paid for with a credit card is subject to a maximum Bads of 815.000. Repaid- please add asHmatedfreight of 15%toerdertotal. Upon approved cradd we wlti determine Net Tams and Credo limit. New Custaners- Please tivalsh Ova (5) references. cornplete and sign our credit application. CradH approval may take 10 business days, so you may prefer your Orsi order lobe credit card or prepaid. Warranty: We warranty to the adgtrtai buyer that ell of our displays and accessodes will be free from manufadurePs dofects. Under normal eand9ons of use and service, this protection is extended for six (8) seasons on all steel frames. Ove (5) seasons an garland, three (3) seasons an electrical wiring, and one (1) season on all cornputerized fighting modules. This warranty does not apply to light bulbs or (laid strands. Palo Mount displays are designed towilhstand up to 40 mph winds wiOn no too load. Obligation under this warranty is Qmiled to repairing or replacing any part that is found to be defective. LED tight strands Itavo o warranty for Was (3) 00 day seasons or 25,000 hours. whichever comes first. Simply ship the product to us and we will replace the LED Light strand free of charge. Frame Trees are eovered by aten (10) ye or warranty against dated under ncanal conditions and use. AO items act specifically listed are covered by a one (1) season (60 day) warranty. Under this warranty, the company's obligation to repair or replace Is on e non prorated basis. Labor to install and the cost of shipping aro not Included in this warranty and are expressly in lieu of all dher warranties expressed or Implied. Bulb burnouts or electrical damage caused by the buyer or weather elements, or damage caused by rough handling in transit aro not covered by lids warranty. Therefore, units should be Inspected and tasted for bulb adage upon delivery and prior to Installation. AO merchandise is carefully Inspected hereto packing and Is packed in an approved manner in approved cartons when It leaves the watchcase. For tha purposes of this warranty one (1) season Is defined as one installation and removal for a duration lasting no more than 80 days. Return Policy: Any returned products under the following conditions will result In a 20% restocking fee and the customer will Incur the freight charges: Customer ordered incorrect product. Never opened or used product for Its intended purpose. No merchandise returns will be accepted without prior written authadzalion. Return requests will he accepted for credh H suburdtted and approved within 30 days ofrecelpt of product. Acceptance ofMarchandise: Consignee%ustomer Istesponsble to nottry Dolua•Lite clan Impending clalm(s) of man.handiss delayed, lost or damagedln transit. When accepting shipment. consigneelcustamer must Inspect all merchandise completely and any claims of any missing codons orvisible damage rust be noted on delivery drivers bill of lading or the receipt of delivery. All claims must be filed with Detre-Lite within 48 hours of delivery or in the case of canceled damage. within 48 hours of identilydng the concealed damages. Customer/consignee Is toprovIde requlredinfoanation and evidence of damage erfoss according Dekm.Llte claims procedure. Thlsmay Include preservation providence ofdamegertoss for future Inspection. Failure to follow DeRra-Lite delmsprocedure mayresult In claim dental by the carder. General Terms: The parties agree to the following additional terms or this contrad.Titis contract Is governed by California taw and Is the entire contract between the parties, superseding all prior conversations and writings between the parties. in the event of a dispute arising out of this Contract, the parties shall arbitrate In Orange County. CA before a single arbitrator selected through JAM.S/ENDISPUTE. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in arbitration shell be entitled to Its reasonable attorneys fees and costs. A deposit of 50% plus any applicable solos tax is dire upon execution of any contract with Installation services. custom or special product. The balance is due an the Installation date or upon shipping unless specifted In payment forms on the proposaVarder. Cancellation and reductions are subject to a 20% restocking fee. Any amount not paid when due. Is subject to a late charge of 1.5% per month (18% peranmum). Ag payments are due according lathe terms of each Individual proposaVorder. Installation: All requested changes to the described work on the prnposallorder will be subject to additional charges. installation dates are approximate and gener- atiy scheduled as a date range. AO Installation or ship dates specified aha subject to change due to inclement weather, acts of God or unforeseen circumstances beyond our central. Changes may occur for reasons Including but not limited to, weather conditions, property soeossibOOy, only project completion, or ads of God. Electrical Requirements: Omar Is responsible fat providing and maintaining adequate and !Unctions) electrical outlets adjacent to the proposed locations for Ht decorations, tree lights and building lights. GFt receptacles can, will, and should Interrupt paver to data or lighting in the presence of water or heavy moisture somofimas caused byrakn. fog. dew. end sprinklers. Wet decor. lighting. outlets and surrounding areas may take several hours after exposure, and In some cases days, to completely dry before receptacles can be rasal and paver restored. DeRra-Ute is not responsible for &Alois that Will not most due to the presence of moisture, Ughting or decor outages must be repadod to our operations department. Dekm-Ute Is net responsible for unreported outages that we have never been made aware of. Dakre-Lito is not rosponslbie for any products damaged or lost due to vandellam. extreme weather conditions, or acts of God. This Includes teased product. The owner accepts all responsibility while the donor is installed on their property. Dskra-Lfte will make efforts when possible to replace such product for an additional charge. Storage: Storage charges and dates begin upon removes of decor each year and and November 1sl annually. Items not Installed must be picked up or have e storage fee paid prior to November 1 at of the current year. Unpaid storage or unclaimed Hems maybe discarded without further notice. Insurance: Our standard 0abl0ly coverage ffmits are S2.000.000.00GcnemI Aggregate: 2.000.000.00 Products-Comp/0pAggre951e ; S1.000.000.00 Personal a Adv. injury. $1.000.000.00 Each Occurrence; S1,00Q000.00Autemobfie Liability: $1.000.000.00 Workers' Componsation. Our excess liability coverage llmils aro 52.000.000.00 General Aggregate: S2,060.000.00 Products-Comp/Op Aggregate.: 52.000.001100 Each Occurrence. Other Insurance requirements Including special language, endorsements or addificnai coverage maybe able Lobe obtained at the expense oflhe customer. Section 101 Tariffs: The US Government hes taken action an Chineso-crigin goods subject to additional lariOs under Section 301. While you will Ortd slight Increases throughout aur product lines. our goal Is to mhdmize the Impact to our valued customers and partners. We will continue to monitor the developments of these tariffs and EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, In whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement Is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described In 1(a) and 1(b) as though set forth In fust herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The Inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DiR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DiR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft In which the worker Is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified In Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and Inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours perrormed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week In violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and i will comply with such provisions before commencing the performance of the work of this contract" 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include In the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,_ including without limitation, conducting a periodic. review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, Its officials, officers, employees, agents and Independent contractors serving In the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. r I ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4n/2021 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 TDW Risk Management Associates LLC 111 Corporate Drive, Suite 200 Ladera Ranch CA 92694 CONTACT NAME: Kathy Druckman PHONE FAX /vc Ne Ext): 949-861.-4888 Alc No): ADDRESS: kdruckman@tdv4dsk.com INSURERS AFFORDING COVERAGE NAIC # AES1186155-03 INSURER A: Associated Industries Insurance Company, Inc. 23140 License#: OM55604 INSURED DEKRIND-W Dekra-Lite Industries, Inc. Lopez Living Trust INSURER B: AGCS Marine Insurance Company 22837 INSURER C : INSURER D : 3102 W. Alton Ave Santa Ana CA 92704 INSURERE: INSURER F E T RENTED PREMISES Ea occurrence $100,000 COVERAGES CERTIFICATE NUMBER: 531704156 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. ITR TYPE OF INSURANCE JUR WVD SUER POLICY NUMBER POLICY EFF MMIDD� LIMITS A GENERAL LIABILITY Y Y AES1186155-03 4/a/2021 5/1/2022 EACH OCCURRENCE $1,000,000 XDAMA COMMERCIAL GENERAL LIABILITY E T RENTED PREMISES Ea occurrence $100,000 CLAIMS -MADE OCCUR MED EXP (Any one person) S EXCLUDED PERSONAL & ADV INJURY S1,000.000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S2.000.000 Deductible $5,000 POLICYFT PRO- XJECT LOC AUTOMOBILE LIABILITY SINGLE LIMIT CE, Ea accident s BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) 5 PROPERTY DAMAGE S Per accident HIREDAUTOS NON -OWNED AUTOS 5 A X UMBRELLA LIAR X OCCUR EXA1195654-02 4/8/2021 5/1/2022 EACH OCCURRENCE S2,000.000 AGGREGATE S2,000.000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTIONS 0 S WORKERS COMPENSATION WC STATU- OTH- rp AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 5 OFFICERIMEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE S (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S B Equipment Leased & Rented SML93083020 4/8/2021 5/1/2022 Limit 5250,000 Deductible $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Seal Beach are named as additional insureds as respects to the general liability coverage, per the attached endorsement as per written contract. Coverage shall be primary & non-contributory per the attached endorsement as respects to the general liability coverage, per the attached endorsement as per written contract. Waiver of subrogation applies as respects to the general liability coverage, per the attached endorsement as per written contract. Umbrella Liability policy is follow form to the above referenced underlying coverages. `Please note Copyright Laws apply to the Acord form prohibiting us from modifying the cancellation clause. However, per TDW Risk Management Associates, LLC procedures we will notify you Within 30 days if said policy cancels for any reason other than non-payment. In the event that the policies cancel for non-payment, you Will be notified Within 10 days. CFRTIFICATF wni nFR CANCELLATION ©1SBB-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 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 ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 8th Street Seal Beach CA 90740 AUTU9BIZED REPRESENTATIVE ©1SBB-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES1186155-03 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations All persons or organizations where required by As required by written written contract with the Named Insured contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "properly damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most, we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 1 of 2 2. Available under the applicable Limits Insurance shown in the Declarations; whichever is less. This endorsement shall not increase applicable Limits of Insurance shown in Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: AES1186155-03 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed O erations All persons or organizations where written contract As required by written contract with the Named Insuredrequires additional insured completed operations coverage. This form does not apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 m co m CG 24 04 05 09 AES1186155-02 © ISO Properties, Inc., 2004 Page 1 of 1 Q Insurance Services Office, Inc., 2008 All persons or organizations where required by POLICY NUMBER: AES1186155-03 LIABILITY COMMERCIAL GENERAL Page 1 of 1 NX GL 00908 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1186155-03 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II Who Is An Insured is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products -completed operations hazard". 501 CG 2012 06 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 -a►` j D® CERTIFICATE OF LIABILITY INSURANCE Ac�t#:2szsss2 DATE 9/1/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Lockton Companies 444 W 47th Street, Suite 900 Kansas City, MO 64112-1906 CONTACT NAME: PHONE 844-290908 FAX Ext): A1C No E-(AlMAIL ADDRESS: BBSlcerts@locktonaffinity.com COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURERA: Ace American InsuranceCo., 22667 INSURED Barrett Business Services, Inc. INSURER B: EACH OCCURRENCE S LICIF DEKRA-LITE INDUSTRIES, INCORPORATED INSURER C : INSURER D : 3102 W ALTON AVE SANTA ANA, CA 92704 INSURERE: INSURER F : MED EXP (Any one person) S rnvcoer_cc rtI=RTIGIr_ATF MIIMRGR- REVISION NUMBI=K: 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. IL TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS -MADE FIOCCUR DAMAGE TO PREMISES Ea occurrence) S MED EXP (Any one person) S PERSONAL BADVINJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG $ JECT POLICY D PRO LOC Is OTHER: I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 Ea accident BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (Per accident) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOSAUTOS r PROPERTY DAMAGE 5 Per accident $ 1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE 5 EXCESS LIAR CLAIMS -MADE DED RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑NIA OFFICER/M(Mandatory In H) EXCLUDED? (Mandatory in NH) X 069974685 10/1/2021 10/1/2022 PER5 X STATUTE ERH E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYE $ 2,000,000 E.L. DISEASE - POLICY LIMIT S 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract 30 -Day Notice of Cancellation Ifp City Of Seal Beach 211 8th Street Seal Beach, CA 90740 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ewe]zU7 The ACORD name and logo are registered marks of ACORD riahts Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Barrett Business Services, Inc. Policy Number L/C/F DEKRA-LITE INDUSTRIES, INCORPORATED 3102 W ALTON AVE Symbol: Number: C69974685 SANTA ANA, CA 92704 Policy Period Effective Date of Endorsement 10/1/2021 TO 10/1/2022 10/1/2021 Issued By (Name of the Insurance Company) Ace American Insurance Co. Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED ei x *_ Authorized Agent WC 99 03 22 A� " CERTIFICATE OF LIABILITY INSURANCE DAT8/30/2021 1) 08/3o/zozl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER StateFarm WEISSINGER INSURANCE AGENCY, INC AMRIC WEISSINGER, AGENT LIC.#OC69161 ID-, ® 5922 WARNER AVE CONTACT BRANDON BENNINGTON NAME: PHONE 7143771111 aC No : 7143771611 E-MAIL BRANDON@RICZINGER.COM INSURERS AFFORDING COVERAGE NAIC # INSURERA: State Farm Mutual Automobile Insurance Company 25178 HUNTINGTON BEACH, CA 92649 INSURED INSURER 8 : INSURER C: DEKRA-LITE INDUSTRIES INC INSURERD: 3102 W. ALTON AVE INSURER E : SANTA ANA, CA 92704 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLITYPE IVSD WVD SUER POLICY NUMBER MMIDDYEFF MMIDDY� LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS -MADE FIOCCUR DAMAGE 11 11N111 PREMISESEa... rence S MED EXP (Any one person) S PERSONAL & ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY ❑PRO )ECT LOC PRODUCTS-COMP/OPAGG S s OTHER: AUTOMOBILE LIABILITY 751111 DEKRA 18 ISUZU 08/30/2021 08/30/2022 COMBINED SINGLE LIMIT s 1,000,000 Ea acc dent BODILY INJURY (Per person) S ANY AUTO 751111 DEKRA 14 FREIGHT 08/30/2021 08/30/2022 BODILY INJURY (Per accident) S A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY DEDUCT $1,000 751111 DEKRA 19 F550 751111 DEKRA 05 F550 08/30/2021 08/30/2021 08/30/2022 08/30/2022 PROPERTY DAMAGE S Per accident s UMBRELLA LIAB HOCCUR EACH OCCURRENCE S AGGREGATE S EXCESS UAB CLAIMS -MADE DED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE STATUTE ER E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? ❑N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT I S If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Certificate Holder(s) are named as additional insureds as respects to auto liability coverage as required by written contract. Coverage is primary & non- contributory. Waiver of subrogation applies as respects general liability coverage as required by written contract. *Please note Copyright Laws apply to the Acord form prohibiting us from modifying the cancellation clause. However, per Weissinger Insurance Agency, Inc procedures we will notify you within 30 days if said policy cancels for any reason other than non-payment. In the event that the policies cancel for non-payment CERTIFICATE City of Seal Beach 211 8th street Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE % U 1958-ZU15 AGUKLJ GUKI-UKA I JUN. Au rignis reserveo. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016