Loading...
HomeMy WebLinkAboutAGMT - The Martinet Group LLC (Disaster Cost Recovery Training Program Services)PROFESSIONAL SERVICES AGREEMENT for Disaster Cost Recovery Training Program Services between City of Seal Beach 211 - 8th Street - Seal Beach, CA 90740 M The Martinet Group, LLC 24 Saint Andrews Way Londonderry, NH 03053 415-500-5255 This Professional Service Agreement ("the Agreement') is made as of September 27th (the "Effective Date"), by and between The Martinet Group, LLC ("Consultant"), limited liability company and the City of Seal Beach. ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain Disaster Cost Recovery Training professional services. B. Consultant submitted a proposal dated April 5, 2022, to provide such professional services. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code §3.20.025(C), City desires to retain Consultant as an independent contractor to provide a Disaster Cost Recovery Training Program. C. Consultant represents that the principal members of its firm are qualified professional Emergency Managers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 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 Martinet Group, LLC, Proposal dated April 5, 2022 ("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 2of19 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. 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. 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 September 27, 2022 and shall remain in full force and effect until midnight on September 28, 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 hourly rates shown on the fee schedule set forth in. Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $10,900.00 (ten thousand nine hundred dollars) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City an invoice 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 Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 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. 3of19 5.2. This Agreement may be 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. Mike Martinet is the Consultant's primary representative for purposes of this Agreement. Mike Martinet 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. 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, California 90740 Attn: City Manager To Consultant: The Martinet Group, LLC 24 Saint Andrews Way Londonberry, NH 03053 Attn: Mike Martinet 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 4of19 9.0 Independent Contractor 9.1. 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 Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other 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. 9.2. 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 (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) 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 (3) 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. 9.3. Consultant shall be responsible 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 .5 of 19 limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless City and its elected and appointed 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 personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. 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 Cons 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. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. 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 ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. 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 retired 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 PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. 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 and appointed 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 10.0. This duty of indemnification is in addition to Consultant's duty to defend, 6of19 indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City, except for the training materials provided by Consultant to City in the course of providing Services under this Agreement ("Consultant Training Materials"). The Consultant Training Materials shall be and remain the property of Consultant. 12.2. Except for Consultant Training Materials, all Data & Documents shall be considered "works made for hire," and all Data & Documents and any 7of19 and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. Ownership of the Consultant Training Materials, and intellectual property rights arising from their creation, shall be and remain the intellectual property of Consultant. 12.3. Except as to Consultant Training Materials, Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.4. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.5. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 8of19 13.0 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. 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 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 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 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 and other applicable state and federal laws. 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 9of19 resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. 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. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease. If Consultant has no employees and shall not have any employees while performing Services under this Agreement, the City may in its sole discretion grant a waiver of the requirement for workers' compensation insurance, subject to Consultant's submittal of a signed declaration attesting that it has no employees, in compliance with City's requirements. This waiver shall not apply during any portion of the Term of this Agreement that Consultant has any employees or is otherwise required to provide workers' compensation insurance under California law, and in such event, Consultant shall provide proof of Workers' Compensation insurance within five days of hiring any employee. 10 of 19 17.2.4. Professional Liability (or Errors and Omissions) Liability. , within minimum limits of $1,000,000 per claim/aggregate. 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. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.3. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials 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. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.4. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials. 17.5. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, 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 elected and appointed officials, officers, employees, agents. designated 11 of 19 volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it. 17.6. Separation of Insureds. 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.7. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.8. Waiver of Subroqation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.9. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.10. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance 12 of 19 policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.11. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 17.12. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.13. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed 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 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), 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 Liabilities 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 Liabilities 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 13 of 19 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 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 indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities 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, materialmen, 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 Liabilities 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. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, 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 its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any 14 of 19 subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 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. 21.0 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. 22.0 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. 23.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 24.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 15 of 19 25.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 26.0 Prohibited Interests; Conflict of Interest 26.1. 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. 26.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 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. 26.3. 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 Section. 16 of 19 27.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 28.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 29.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 30.0 Mutual Cooperation 30.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 30.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 17 of 19 31.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 32.0 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. 33.0 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. 34.0 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. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 18 of 19 Approv:icif d s to Form: By, .Steele, City Attorney 19 of 19 cz CONSULTANT: The Martinet Group, LLC. By: Name:Mic a i E. M'arfine zz Its: Principal By: Name: Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories. (i) 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.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED EXHIBIT A Consultant's Proposal sAsr THE > MARTINET o ti GROUP, LLC r2Eco` The Martinet Group, LLC 24 Saint Andrews Way Londonderry, NH, 03053 415-500-5255 Point of Contact: Mike Martinet mike_martinet@yahoo.com Disaster Cost Recovery Training Program Proposal Sole Source Justification Information The Martinet Group, LLC, Company Background and Experience: Mr. Martinet has over 25 years experience in emergency management and disaster planning as a local government emergency manager. He worked for a California city as the Emergency Services Coordinator for nearly six years. He then served as the Executive Director for the "Area G" Disaster Management agency, a consortium of 14 cities in the South Bay region of Los Angeles County, California for sixteen plus years, representing 750,000 people. Mr. Martinet finished his career as the Emergency Planning Manager for the Controller's Office for the City and County of San Francisco for more than two years. Since his retirement from government service in 2013, he has focused exclusively on assisting local government agencies with disaster cost recovery training, planning and cost recovery response consulting. He is the founder and current Chair of the Disaster Cost Recovery Committee for the International Association of Emergency Managers. He has been providing disaster cost recovery training programs for nearly 20 years to local government agencies and staff, in California, Colorado, Florida, Georgia, Illinois, Maryland, Nebraska, Nevada, New Mexico, Oregon, Rhode Island, Texas, and Vermont. Mr. Martinet has experience with numerous disaster responses, including Presidentially declared disasters in the California Winter Floods of 1995; the crash of Alaska Airlines Flight 261 in 2000; and the San Diego Wildfires of 2003. More recently he has assisted the cities of San Francisco and Berkeley with their cost recovery efforts for the 2013 Rim Fire; the City of Vallejo with its cost recovery efforts in the 2014 Napa Earthquake; Lake County, CA for the 2015 Rocky and Valley Fires; the City of Santa Rosa for the North Bay fires of 2017; and the Town of Paradise, CA, for the Camp Fire in 2018; all Federally declared disasters. In addition to his flagship two-day class on the comprehensive introduction to FEMA's Public Assistance program, Mr. Martinet has also developed a series of a dozen customized workshops. The workshops cover the disaster cost recovery and financial aspects of: March 6, 2022 1 CAUserslmlke Tmpb=Wartinet Group LLCTroposals & CueteslSole Source Justlficotionll Sole Source Justification - Rev March 2022.vrpd 1. Comprehensive Disaster Cost Recovery Planning 2. Purchasing Compliance with Title 2 of the Code of Federal Regulations, Part 200 3. Pre and Post -Disaster Photo Documentation 4. Debris Management (including Debris Management Plans, Debris Management Contracting, Debris Monitoring Plans, Debris Monitoring Contracts, Right of Entry Waivers, Debris Insurance Cost Recovery Planning) 5. Cost Recovery Work and Activity Documentation 6. Information Work Process Flow 7. Financial Aspects of the Damage Assessment Process 8. Insurance and Risk Management for Disaster Cost Recovery 9. Disaster Pay Policies, Employee Feeding, and Employee Housing Issues 10. Volunteers, Donations Management and Victim's Services 11. Legal Issues for Disaster Cost Recovery (Real Estate Contracts, Insurance and Donations) , 12. Creating Project Worksheets for Small Projects Mr. Martinet is a Certified Emergency Manager through the International Association of Emergency Managers (IAEM). He served for six years on the IAEM Certified Emergency Manager Commission. He holds a Master of Science degree in Emergency Services Administration from California State University at Long Beach, CA. He is the past Vice -President of the IAEM Region IX and is a past member of the IAEM Global Board. "He also served on the National Fire Protection Association's Technical Committee on Standard 1600, the Standard for Emergency/Disaster Management and Business Continuity. He has written articles on disaster cost recovery for the IAEM Bulletin; Emergency Management, the online trade publication; and the magazine of the California Society of Municipal, Finance Officers; The Journal of Government Accountants; the NACo Newsletter; and the Journal of Business Continuity and Emergency Planning. To his knowledge, Mr. Martinet is the only consultant in the United States that provides these specialized and in depth disaster cost recovery training programs on a pre -disaster basis without requiring contractual arrangements for post - disaster consulting in cost recovery. Previous attendees frequently include state emergency management officials and have also included Federal officials, including FEMA personnel. Mr. Martinet provides his Disaster Cost Recovery training programs on a contract basis for a number of national firms which specialize in Public Assistance cost recovery. Match 6.2022 2 Q%Userslmlkel0rophoxlMartlnetGroup LLClproposals&Quotas\SoleSource JusOticallonllSole SaurceJusll0ca0on- Rev Match 2022.wpd Disaster Cost Recovery Training Program Proposal For the City of Seal Beach PROGRAM BACKGROUND Catastrophic disasters are a continuing threat throughout California, and occur on an irregular cycle which can devastate large areas throughout the City. Following such Presidentially declared disasters, the Federal Emergency Management Agency (FEMA) provides local government agencies with financial assistance through the Public Assistance program, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. While the stated objective of the Public Assistance program is to assist local governments to financially recover from the effects of disasters, the program has extremely complex regulations that often result in specific recovery projects being denied funding by FEMA. And years later, the Department of Homeland Security, Office of the Inspector General (DHS -OIG) can further substantially reduce whatever financial assistance local government agencies received when they audit projects completed by these same agencies. Multi-million dollar audit "take -backs" are not uncommon in these audits. The greatest single risk for FEMA deobligations and DHS -OIG audit findings is the failure of a local government agency to comply with the Federal procurement regulations in Title 2 of the Code of Federal Regulations, Part 200. The second greatest risk comes from insurance and risk management related issues as explicated in FEMA's Public Assistance Policy on Insurance, Recovery Policy FP 206-086-1. Most local government agencies are completely unaware of how these regulations put Federal grant funds at risk following disasters. A fundamental flaw exists in how local government agencies perceive FEMA's Public Assistance process. Many agencies focus virtually all of their attention on tracking the costs for the emergency response phase of a disaster, the first one or two weeks from the onset of an event. But in fact, approximately 80% of the costs of a disaster occur AFTER the "emergency" phase is over. Most of these post -emergency phase costs are managed by government staff other than first responders, i.e., the financial staff, procurement personnel, risk managers, project managers, etc. These personnel seldom if ever receive appropriate training in the unique aspects of disaster cost April 5, 2022 1 C.11.1serslmlke 1DropboxlMartinet Group LLC12022 Filing System12022 City of Seal BeachlProposals12022 Seal Beach.wpd The Martinet Group, LLC 24 Saint Andrews Way Londonderry, NH 03053 0?0 415-500-5255 Point of Contact: Mike Martinet mike(cD_themartinetgroup.com April 5, 2022 Disaster Cost Recovery Training Program Proposal For the City of Seal Beach PROGRAM BACKGROUND Catastrophic disasters are a continuing threat throughout California, and occur on an irregular cycle which can devastate large areas throughout the City. Following such Presidentially declared disasters, the Federal Emergency Management Agency (FEMA) provides local government agencies with financial assistance through the Public Assistance program, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. While the stated objective of the Public Assistance program is to assist local governments to financially recover from the effects of disasters, the program has extremely complex regulations that often result in specific recovery projects being denied funding by FEMA. And years later, the Department of Homeland Security, Office of the Inspector General (DHS -OIG) can further substantially reduce whatever financial assistance local government agencies received when they audit projects completed by these same agencies. Multi-million dollar audit "take -backs" are not uncommon in these audits. The greatest single risk for FEMA deobligations and DHS -OIG audit findings is the failure of a local government agency to comply with the Federal procurement regulations in Title 2 of the Code of Federal Regulations, Part 200. The second greatest risk comes from insurance and risk management related issues as explicated in FEMA's Public Assistance Policy on Insurance, Recovery Policy FP 206-086-1. Most local government agencies are completely unaware of how these regulations put Federal grant funds at risk following disasters. A fundamental flaw exists in how local government agencies perceive FEMA's Public Assistance process. Many agencies focus virtually all of their attention on tracking the costs for the emergency response phase of a disaster, the first one or two weeks from the onset of an event. But in fact, approximately 80% of the costs of a disaster occur AFTER the "emergency" phase is over. Most of these post -emergency phase costs are managed by government staff other than first responders, i.e., the financial staff, procurement personnel, risk managers, project managers, etc. These personnel seldom if ever receive appropriate training in the unique aspects of disaster cost April 5, 2022 1 C.11.1serslmlke 1DropboxlMartinet Group LLC12022 Filing System12022 City of Seal BeachlProposals12022 Seal Beach.wpd recovery grant management. And managing disaster recovery grants is substantially different than the management of other "day-to-day" non -disaster Federal grants. Furthermore, the Federal regulations continually change. Since Hurricane Sandy devastated parts of New York and New Jersey in 2011, the Federal government has issued well over a dozen major program changes that further frustrate even the best efforts of local government agencies. Many, if not most of these financial losses are avoidable when local government agencies have effective plans and procedures in place to manage these FEMA Public Assistance grants. There are occasionally DHS -OIG audits with zero dollar findings, that is, when the local government agency complied with Federal regulations and effectively managed their disaster assistance grants. It is therefore imperative that local government agencies have effective disaster grant management plans in place; have pre -established administrative disaster grant management processes; and have a pre -selected disaster cost recovery team identified and well-trained in order to avoid these all too common multi-million dollar deobligations and audit findings. Having both strategic and tactical cost recovery plans, regulation compliant procedures and effective staff training are essential to avoid FEMA deobligations and DHS -OIG audit findings which can run into the tens of millions of dollars for a single agency on a given disaster. THE MARTINET GROUP, LLC, COMPANY BACKGROUND AND EXPERIENCE: Mr. Martinet has over 30 years experience in emergency management and disaster planning as a local government emergency manager. He worked for a small California city as the Emergency Services Coordinator for nearly six years. He then served as the Executive Director for the "Area G" Disaster Management agency, a consortium of 14 cities in the South Bay region of Los Angeles County, California for sixteen plus years, representing 750,000 people. Mr. Martinet finished his career as the Emergency Planning Manager for the Controller's Office for the City and County of San Francisco for two plus years. Since his retirement from government service, in 2013, he has focused exclusively on assisting local government agencies with disaster cost recovery training, planning and cost recovery response consulting. He is the founder and- current Chair of the Disaster Cost Recovery Caucus for the International Association of Emergency Managers. He has been providing disaster cost recovery training programs for 20 years to local government agencies and staff in California, and 14 other states. Mr. Martinet has experience with numerous disaster responses, including Presidentially declared disasters in the California Winter Floods of 1995; the crash of Alaska Airlines Flight 261 in 2000; and the San Diego Wildfires of 2003. More recently he assisted government agencies with their cost recovery efforts for the 2013 Rim Fire; the 2014 April 5.2022 2 CAUsers\mike \DropbozWlartinet Group LLC\2022 Filing System\2022 City of Seal Beach\Proposals\2022 Seal Beach.wpd Napa Earthquake; the 2015 Rocky and Valley Fires; two California floods in 2017; the Sonoma County Firestorm of 2017; and the historic 2018 Camp Fire in Butte County, CA. These events were all Federally declared disasters. Mr. Martinet has developed a series of customized workshops for local government agencies and colleges and universities designed to enhance the disaster cost recovery capabilities of local government agencies of all sizes. The workshops cover the disaster cost recovery and financial aspects of: 1. Comprehensive Disaster Cost Recovery Planning 2. Purchasing Compliance with Federal regulations 3. Pre and Post -Disaster Photo Documentation 4. Debris Management (including Debris Management Plans, Debris Management Contracting, Debris Monitoring Plans, Debris Monitoring Contracts, Right of Entry Waivers, and Debris Insurance Cost Recovery Planning) 5. Cost Recovery Work and Activity Documentation 6. Information Work Process Flow 7. Financial Aspects of Damage Assessment Planning 8. Insurance and Risk Management for Disaster Cost Recovery 9. Disaster Pay / Employee Feeding and Housing Issues 10. Volunteers, Donations and Victim's Services 11. Legal Issues for Disaster Cost Recovery (Real Estate Contracts, Insurance and Donations) 12. Creating Project Worksheets for Small Projects Mr. Martinet is a Certified Emergency Manager through the International Association of Emergency Managers (IAEM). He served for six years on the IAEM Certified Emergency Manager Commission. He holds a Master of Science degree in Emergency Services Administration from California State University at Long Beach, CA. He is the past Vice -President of the IAEM Region IX and is a past member of the IAEM Global Board. He also served on the National Fire Protection Association's Technical Committee on Standard 1600, the Standard for Emergency/Disaster Management and Business Continuity. He has written articles on disaster cost recovery for the IAEM Bulletin; Emergency Management, the online trade publication; the magazine of the California Society of Municipal Finance Officers (2017); the Journal of the Association of Government Accountants (2019); and the U.K. based Journal of Business Continuity & Emergency Planning(2019), and the NACo monthly magazine(2019). He is a frequent speaker at state and national conferences. SCOPE OF WORK The Martinet Group, LLC, proposes to conduct a two day training session for City of Seal Beach (City) to provide an introduction to FEMA's Public Assistance program. The training will include working tools in the form of Excel spreadsheets and Adobe April 5, 2022 3 C:%Userslmike 1DropboxWlartinel Group LLC12022 Filing System12022 City of Seal BeachXProposals\2022 Seal Beach.wpd Acrobat forms for tracking costs and managing the disaster cost recovery process. There is no prerequisite training for these courses, and there is no set limit to the number of attendees for this training program. All training will be at a location provided by the City. The City will provide all site logistical support, including training rooms, a video projector, and a sound amplification system. A lavalier cordless microphone is required if there are more than 30 attendees registered. The City will also provide all beverages and refreshments. The City will determine if lunch will be provided for the program or if lunches will be "on -your -own." The City will advertise the training to prospective attendees and handle all registrations. The City will provide all training materials for the courses, from master documents provided by The Martinet Group, LLC, including student manuals, slide handouts, a CD- ROM, and sign -in sheets. Because of the size of the workbook, it is highly recommended that the workbook and slide handouts be three -hole punched and 3 -ring binders provided for the students. One week before the training programs take place, the City will provide the Martinet Group, LLC with an Excel spreadsheet or MS Word format list of the attendees registered at that time. The Martinet Group, LLC will provide table tent place cards and a training certificate for each attendee based on the provided registration data. TRAINING COST This is a fee for service contract with a fixed cost which includes: travel (lodging, airfare, car rental, per diem and incidentals) for 1 instructor; and provision of a set of master documents and master CD-ROM. The cost for the entire training program is $10,900.00. This proposal is valid for 90 calendar days from the date issued. Force Majeure Clause: Due to the nature of the Martinet Group's disaster related work with existing clients, a major disaster may make it necessary to delay or reschedule work under this contract. Accepted by: Print Name: Date: T itle: April 5, 2022 4 C:1Userslmike 1Dropbox\Martinet Group LLC12022 Filing System12022 City of Seal BeachlProposals12022 Seal Beach.wpd TRAINING The City of Seal Beach is sponsoring a two-day training seminar for Disaster Cost Recovery. This training provides participants with an overview of the disaster cost recovery processes, including requirements for obtaining and retaining federal disaster assistance grants. It includes detailed information on disaster response cost documentation and disaster assistance eligibility guidelines. To aid in the experience, participants will learn from FEMA case studies, group exercises, examples taken from actual disasters, and Department of Homeland Security audits. Why take a Chance? KEPT IMPROPER DOCUMENTATION PAY OUT OF POCKET $300.00 PER ATTENDEE CHECK MADE OUT TO CITY OF SEAL BEACH— MUST BE RECEIVED PRIOR TO START c REGISTER WITH: I SERGEANT BRIAN GRAY BGRAY@SEALBEACHCA.GOV • Purpose of the training: The post disaster cost recovery process typically goes on for years. Without proper training, public agencies can lose millions of dollars because they are not prepared to deal with the disaster cost recovery process. • Who should attend? People who may be assigned to a Disaster Cost Recovery Team, managers, procurement staff, risk managers, public works staff., and emergency managers. Register now. Space is limited. • When: The two-day training will be held: Tuesday, September 27 & Wednesday, September 28. • Time: Training days run from 8 a.m. to 5 p.m. both days. • Where:. The training will be hosted at the Seal Beal Beach Police Department, 911 Seal Beach Blvd. Seal Beach, CA 90740 FREE PARKING *Monopoly and associated im¢aes and content are the property o%Hasbro. LOCATION SEAL BEACH DEPARTMENT DATES: 9/27 & 9/28 Registration 7:30 a.m. Training 8 a.m.-5 p.m. Address 911 Seal Beach Blvd. Seal Beach, CA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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. Ifthe 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 ofsuch endorsement(s). PRODUCER CONTACT NAME: Marie Milliman Marie Milliman(998427M) PHONE FAX 11650 Iberia PI Ste 101 (A/C, NO, EXT): 858-487-9200 (A/C, NO): 858-748-8503 E-MAIL San Diego CA 92128-2454 ADDRESS: mmilliman@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Truck Insurance Exchange 21709 INSURERe: Farmers Insurance Exchange 21652 MARTINET GROUP LLC 3715 SANDPOINT CT INSURERC: Mid Century Insurance Company 21687 INSURERD: RLI Insurance Co 13056 CARLSBAD CA 92010 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ISTO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDTL INSD SUBR WVD POLICYNUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 75,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 C Y N 605509182 01/09/2022 01/09/2023 GENT AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 4,000,000 X POLICY [—] PROJECT [—] LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2'000'000 (Ea accident) BODILY INJURY (Per person) $ ANYAUTO OWNC ONLY EDAUTOS SCHEDULED AUTOS N 605509182 01/09/2022 01/09/2023 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Peraccident) HIREDAUTOS x NON -OWNED ONLY AUTOSONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED _FTRETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTHER $ E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/ Y/N EXECUTIVE OFFICER/MEMBERN/A EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below D RLI Insurance Co N RTP0025984 05/15/2022 05/15/2023 Professional LiabilityE&O 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 3715 SANDPOINT CT, CARLSBAD, CA 92010 CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH POLICE DEPT SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 911 SEAL BEACH BLVD DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SEAI REACH CA Qn74n ACORD 25 (2016/03) 31-1769 11-15 @1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD WORKERsS COMPENSATION DECLARATION forthe CITY OF SEAL BEACH CONTRACTORICONSULTANT NAME: The Martinet Group. LLC. a California limited liability company PROJECT NO./AGREEMENT: Professional Services Agreement for Disaster Cost Recovery Training Program Services, dated September 13th, 2022 You are required to complete this form because you have not filed a certificate of workers' compensation insurance with the City of Seal Beach ("City"). California law requires all employers to carry workers' compensation insurance, even if they have only one employee. If you are the sole owner and you have no employees, or if your business is an out-of-state corporation with no employees working in California, you may not be required to cavy workers' compensation insurance. It is your responsibility to comply with the law. If you do not know whether you are required to carry workers' compensation insurance, find out by contacting the California Department of Industrial Relations ("DIR"). Information is also available on the DIR's website at hfp:llwww.dir.ca.gov. If you are subject to the Workers' Compensation Laws of California, you must promptly file a certificate of Workers' Compensation Insurance with the City. Alternatively, if you have a certificate of self-insurance from the DIR, you must file that certificate with the City. When completing this form, remember that the term "employee" includes clerical persons as well as any other persons employed by your company including drivers. ACKNOWLEDGEMENT 1, on behalf of myself and on behalf of The Martinet Group. LLC, hereby declare under penalty of perjury under the laws of the State of California as follows Tnifial applicable provisionj X The Martinet Group. LLC is exempt from the California Labor Code provisions regarding Workers' Compensation Insurance because The Martinet Group. LLC has no employees. In the performance of the services under the aforementioned Agreement, The Martinet Group. LLC shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of California. If The Martinet Group, LLC should become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code, The Martinet Group. LLC shall forthwith comply with those provisions. The Martinet Group. LLC has and will maintain- a certificate of consent to self -insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the services under the aforementioned Agreement. The Martinet Group. LLC has and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the services under the aforementioned Agreement. The Martinet Group. LLC's workers' compensation insurance carrier and policy number are: Carrier Policy Number .1 further declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _13th_ day of_ eptember , 2022, at _Londonderry, New Hampshire. THE MARTINET GROUP, By: Title: Principal Entity Address: 24 Saint Andrews Way, Londonderry, New Hampshire WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.