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HomeMy WebLinkAboutAGMT - Colantuono Highsmith Whatley, PC (formerly known as Telecom Law Firm - Professional legal and general telecommunications)COLANTUONO HIGHSMITH WHATLEY,PC ROBERT C. MAY III 1 (619) 272-6200 1 RMAY@CHWLAW.US August 6, 2025 VIA EMAIL AND U.S. MAIL asmittle@sealbeachca.gov City of Seal Beach Alexa Smittle 211 Eighth Street Seal Beach, CA 90740 Re: Cvlantuono Highsmith & Whatley + Telecom Law Firm Dear Alexa, Jonathan and I are pleased to let you know that the key attorneys at Telecom Law Firm, PC, have joined Colantuono, Highsmith & Whatley, PC. This move, which comes at the end of a nearly 20 -year run as Telecom Law Firm, combines our leading expertise in telecommunications law, policy, and litigation with one of the most highly respected law firms in California. As a result, we are now able to offer our clients the expanded breadth and depth of expertise of the attorneys at CHW. We've been honored to serve you through Telecom Law Firm, and we look forward to continuing to serve you and offer the expanded capabilities at CHW. That said, if you would like us to return or close your file or transfer it to other counsel, please let us know by email to tmay@chwlaw.us and jkramer@chwlaw.us with a copy to Tripp's legal assistant, Ms. McCall Williams at mwil(iams@chwlaw.us and Jonathan's legal assistant, Ms. Tracey West at twest@chwlaw.us. Warmly, Tripp May F. onathan L. Kramer 888 PROSPECT STREET, SUITE 200, LA JOLLA, CALIFORNIA 92037 1 (562) 542-0501 GRASS VALLEY I ORANGE COUNTY I PASADENA I SACRAMENTO I SAN DIEGO I SONOMA 407401.1 AC"Ra CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) ��_ 08/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A T Lisa Anderson NAME' Shaw Moses Mendenhall & Associates Ins. Agency PHONE (626) 799-7813 FAX AIC No Ext): pIC Nv : (626) 799-8784 License #OD94511 -MAIL ADDRESS: lisa@smmainsurance.com 625 Fair Oaks, Suite 158 EACH OCCURRENCE $ 2.000,000 INSURER(S) AFFORDING COVERAGE NAICS South Pasadena CA 91030 INSURERA: Massachusetts Bay Ins Company 22306 INSURED INSURER 13: AllmeriGa Financial Benefit 41840 COLANTUONO, HIGHSMITH & INSURER C : Associated Industries Insurance Company Inc 33758 WHATLEY, PC INSURER D: 420 SIERRA COLLEGE DR STE 140 INSURER E : GRASS VALLEY CA 95945 INSURER F: COVERAGES CERTIFICATE NUMBER: 2025-2026 REVISION NIIMRFR• 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 CONTRACTOR 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 TYPE OF INSURANCE INSO SUOR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY MM/Lgl CY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR EACH OCCURRENCE $ 2.000,000 PREMISE5Eaoccurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2.000,000 A OD39898667 04/01/2025 04/01/2026 GEN'LAGGREGA7E LIMITAPPLIES PER: POLICY 0 PRO JECT ❑LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY CS]I,ABINED SINGLE IT $ 2,000,000 Ea acdds ANYAUTO BODILY INJURY (Per person) $ AOWNED SCHEDULED AUTOS ONLY AUTOS OD39898667 04/01/2025 04/01/2026 BODILY INJURY (Per accident) $ HIRED vv NON -OWNED AUTOS ONLY ^ AUTOS ONLY PRO DAMAGG Per aocidenl $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LAB CLAIMS -MADE OD39898667 04/01/2025 04/01/2026 AGGREGATE $ 3,000,000 DED I I RETENTION $ $ 04/01/2025 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / NER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA W239898674 04/01/2026 /� STATUTE OTHm E.L EACHACCIDENT $ 1,000,000 Em DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatoryin If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1,000,000 1 Professional Liabiliy 1 C AES1223451 04/04/2025 04/04/2026 General Aggregate $4,000,000 Occurrence $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCFLLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eight Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Colantuono, Highsmith & Whatley, PC Policy Number: OD39898667 04/04/2025-04/0412026 custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (iv) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; (d) "Nuclear material" means "source material", "special nuclear material" or "by-product material"; (e) "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; (f) "Property damage" includes all forms of radioactive contamination of property. (g) "Source material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereof; (h) "Special nuclear material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereof; (i) "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; Q) "Waste" means any waste material: (i) Containing "by-product material' other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content; and (ii) Resulting from the operation by any person or organization of any "nuclear facility" included under paragraphs (i) and (fl) of the definition of "nuclear facility". C. Who Is An Insured Hanover Insurance Croup- OD3 9898667 1001140 a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a lartnership, joint venture or limited ability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury' or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business ; 1. If you are designated in the Declarations (b) To the spouse, child, parent, as: brother or sister of that co - 3914003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 71 of 81 "employee" as a consequence (2) "Personal and advertising injury" of paragraph (1) (a) above; arising out of an offense (c) For which there is any committed before you acquired obligation to share damages or formed the organization. with or repay someone else No person or organization is an insured with who must pay damages respect to the conduct of any current or past because of the injury partnership, joint venture or limited liability described in paragraphs (1)(a) company that is not shown as a Named or (1)(b); or Insured in the Declarations. (d) Arising out of his or her D. Liability and Medical Expenses Limits of providing or failing to provide Insurance professional services. 1. The Limits of Insurance under SECTION (2) "Property damage" to property: II - LIABILITY shown in the Declarations (a) Owned, occupied or used by; and the rules below fix the most we will or pay regardless of the number of: (b) Rented to, in the care, custody a. Insureds; or control of, or over which b. Claims made or "suits" brought; or physical control is being exercised for any purpose by; c. Persons or organizations making "suits". claims or bringing you, any of your "employees", volunteer workers", any partner 2. Subject to the Aggregate Limit identified or member you are aoint in paragraph 5. below, the most we will partnership or j venture), or pay for the sum of all damages because any member (if you are a limited of all: liability company). a. "Bodily injury", "property damage" b. Any person (other than your "employee" "volunteer and medical expenses arising out of any one "occurrence"; and or worker) or any organization while acting as your b. "Personal and advertising injury" real estate manager, sustained by any one person or c. Any person or organization having organization; proper temporary custody of your is the Liability And Medical Expenses property if you die, but only: Limit shown in the Declarations. (1) With respect to liability arising out 3. Subject to the Liability And Medical of the maintenance or use of that Expenses Limit, the most we will pay for property; and all medical expenses because of "bodily (2) Until your legal representative has injury" sustained by any one person is been appointed. the Medical Expenses Limit shown in the Declarations. d. Your legal representative if you die, but only with respect to duties as 4. The Damage to Premises Rented to You such. That representative will have all Limit shown in the Declarations is the yourrights and duties under this most we will pay for damages because "property policy. of damage" to any one premises while rented to you, or 3. Any organization you newly acquire or temporarily occupied by you with form, acquire or form, other than a permission of the owner. Partnership, joint venture or limited ability company, and over which you S. Aggregate Limits maintain ownership or majority interest, a. The most we will pay for: will qualify as a Named Insured if there is (1) All "bodily injury" and "property no other similar insurance available to damage" that is included in the that organization. However: "products -completed operations a. Coverage under this provision is hazard" is twice the Liability And afforded only until the 9dh day after Medical Expenses Limit. you acquire or form the organization (2) All: or the end of the policy period, whichever is earlier; and (a) "Bodily injury" and "property b. Business Liability Coverage does not damage" except damages because of "bodily injury" and apply to: (1) "Bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 72 of 81 Colantuono, Highsmith & Whatley OD39898667 04/01/2025-04/01/2026 1. SECTION I - PROPERTY, if two or more of this coverage part's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. 2. SECTION II - LIABILITY, it is our stated intent that the various Coverage Parts, forms, endorsements or policies issued to the named insured by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same claim, "suit", "occurrence", offense, accident, "wrongful act" or loss. We will not pay more than the actual amount of the loss or damage. If this Coverage Part and any other Coverage Part, form, endorsement or policy issued to the named insured by us, or any compan affiliated with us, apply to the same c aim, "suit", occurrence, offense, accident, "wrongful act" or loss, the maximum Limit of Insurance under all such Coverage Parts, forms, endorsements or policies combined shall not exceed the highest applicable Limit of Insurance under any one Coverage Part, form, endorsement or policy. This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess insurance over this policy. G. Liberalization If we adopt any revisions that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance 1. SECTION I -PROPERTY If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But, we will not pay more than the applicable Limit of Insurance of SECTION - PROPERTY. 2. SECTION II - LIABILITY If other valid and collectible insurance is available to the insured for a loss we cover under SECTION II - LIABILITY, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this Insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in paragraph c. below. w Hanover ]nsarance Group_ OD3 9898667 1001140 However, if you agree in a written contract, written agreement, or written permit that the insurance provided to any person or organization included as an Additional Insured under this Coverage Part is primary and non-contributory, we will not seek contribution from any other insurance available to that Additional Insured which covers the Additional Insured as a Named Insured except- (1) For the sole negligence of the Additional Insured; or (2) When the Additional Insured is an Additional Insured under another liability policy. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Property Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to SECTION II - LIABILITY, Exclusion g. Aircraft, Auto or Watercraft; and (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under SECTION ll - LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 Colantuono, Highsmith & Whatley, PC Policy Number: OD39898667 04/01/2025-04/01/2026 insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period_ The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then in effect will apply. if you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. If so, we may require an additionalpremium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I - PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to SECTION II - LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Hanauer ]nmiranre Crnrsp- OW 9898667 1001140 We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injuryor damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This condition does not apply to Medical Expenses Coverage. L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. Ifyou die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative. until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 81 of 81 By Electronic Mail May 14, 2024 Telecom Law Firm, P.C. Attn: Lory Kendirjian 3570 Camino del Rio N., Suite 102 San Diego, CA 92108 SUBJECT: CITY OF SEAL BEACH — TELECOM LAW FIRM, P.C. PROFESSIONAL SPECIAL COUNSEL SERVICES AGREEMENT EXTENSION NO. 1 Professional legal and general telecom services Dear Ms. Kendirjian: Pursuant to the Agreement for Special Counsel Services for professional legal and general telecom services, dated August 10, 2023, by and between the City of Seal Beach ("City") and Telecom Law Firm, P.C., the City of Seal Beach is hereby notifying Telecom Law Firm, P.C. of its desire to exercise the first of three additional one (1) year term extension per Section 4 Term, Extensions, for a total not -to -exceed amount of thirty thousand dollars and 00/100 ($30,000.00). The Agreement termination date is now revised to midnight of June 30, 2025. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Alexa Smittle, Director of Community Development at (562) 431-2527 Ext. 1313 or asmittle@sealbeachca.gov Sincerely, Jill R. ngram City Manager CC: Alexa Smittle, Director of Community Development Gloria D. Harper, City Clerk