Recommended Action:
Direct staff on how to move forward with the short-term rentals within the City of Beaumont.
BEAUMONT
-CALIFORNIA-
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Gustavo J. Romo, Interim City Manager
BY: Darron Usher, Principal Management Analyst
DATE: March 3, 2026
SUBJECT: Increased Donation Request for the 2026 IOA Championship Description: Staff is seeking City Council direction regarding a request to increase the City's donation to the 2026 IOA Championship from the budgeted amount of $10,000 to $40,000.
Background and Analysis:
The IOA Championship has continued to serve as a regional sporting event that provides national exposure, tourism activity, and economic benefits to the City of Beaumont. The City previously contributed $10,000 for the 2025 tournament and received promotional and participation benefits in exchange for that sponsorship.
For 2026, tournament organizers have requested an increased sponsorship level of $40,000.
Below is a side -by -side comparison of the 2025 sponsorship benefits and the proposed 2026 enhanced sponsorship package:
2025 Donation — $10,000
3 Pro -Am teams in the Official Pro -Am
24 invitations to the Pro -Am Party
Social media recognition using
#ACityElevated
Encouraged use of #ACityElevated
during tournament week
"About Beaumont" blurb on tournament
website with link to City website
2026 Proposed Donation — $40,000
5 Pro -Am teams in the official tournament Pro -
Am (as part of the Council Cup; three
amateurs per team)
10 invitations to the Meet the Pros Party
City name and logo incorporated into all
tournament collateral
Opportunity for City Official to participate in
trophy ceremony
Press release drafted and distributed by the
Epson Tour announcing partnership with the
IOA Championship
2025 Donation — $10,000
Opportunity to distribute marketing
handouts in player welcome bags
Opportunity to create promotional
events during tournament week
2026 Proposed Donation — $40,000
Two (2) on -course Tee Signs throughout
tournament week
Branding on three (3) on -course digital
leaderboards
Branding on two (2) tournament billboards
along I-10 leading up to and during
tournament week
Logo placement on IOAChampionship.com
homepage
Entitlement of the Meet the Pros Party at
Morongo Casino (branding during event and
speaking opportunity for City leader)
In summary, the proposed 2026 sponsorship level requested provides Beaumont with more regional visibility through:
• On -course signage and digital branding
• Freeway billboard exposure along I-10
• Website homepage logo placement
• Formal Epson Tour press release recognition
• Speaking opportunity and event entitlement at a major tournament function • Increased Pro -Am participation opportunities
The enhanced package positions Beaumont more prominently as a host city and aligns with economic development and tourism promotion objectives. However, the increase represents a fourfold funding adjustment from the amount currently budgeted. The increase could also set a precedence with future requests from other organizations.
Fiscal Impact:
The estimated cost to prepare this staff report is $300.
The FY 2025-26 adopted budget includes $10,000 for this event. If the City Council approves the $40,000 sponsorship level, an additional $30,000 will need to be allocated.
At the February 17, 2026, City Council meeting, the Finance Department presented the Mid -Year Budget Report, which identified $66,446 in unprogrammed funds. These funds may be used to cover the additional $30,000 request. The requested amount can also be obtained from the Administrative Salary savings from the staff vacancies.
Recommended Action:
Staff recommends that the City Council provide direction to:
Approve increasing the City's donation to $40,000 for the 2026 IOA Championship and authorize staff to identify the additional $30,000 from unprogrammed funds or Administration salary savings or;
Maintain the previously budgeted $10,000 donation for the 2026 IOA Championship.
Attachments:
A. Current Proposal
B. 2025 Agreement
C. 2024 Agreement
O
A
INSU PACE SERV CE-
CHAMPIONSHIP
APRIL 25 - 27, 2025
ETPSO U RON
KU�FT
CAA NYCR4
FIRST INSUMNS'
2026 Partnership Proposal
City of Beaumont
Pane 'ARC) of 1777
EPSON
TOUR
ROAD TO THE LPGA
2026 IOA Championship Benefits
Tournament Assets for 2026:
• City name and logo incorporated into all tournament collateral • Opportunity for City Official to participate in tournament trophy ceremony • One (1) Press Release drafted and distributed by the Epson Tour announcing partnership with the IOA Championship; • Five (5) Pro -Am teams in the official tournament pro -am (three amateurs per team) as a part of the Council Cup; • Ten (10) Invitations to the Meet the Pros Party
• On -site signage and branding to include two (2) Tee Signs throughout tournament week, branding on the three on course digital leaderboards and two tournament billboards along 1-10 leading up to and during tournament week; • Logo placement on homepage of IOAChampionship.com;
• Entitlement of the Meet the Pro's Party at Morongo Casino on Wednesday night of tournament week (branding during event and speaking opportunity for city leader;
• Sponsorship Investment: $40k
Pane 1FR1 of 1779
EPSON
TOUR
ROAD TO THE LPGA
BENEFITS AGREEMENT
2025
Epson Tour Event
This Benefits Agreement is made and entered into upon full execution ("Effective Date") by and between Organization and Client listed below:
Client:
Address:
Contact:
Email:
City of Beaumont, CA
550 E Sixth Street
Beaumont, CA 92223
Nicole Wheelwright
[email protected]
Organization: FGTA, LLC d/b/a Epson Tour
Address: 100 Intemational Golf Drive
Daytona Beach, Florida 32124
Contact:
Email:
TERMS OF AGREEMENT
In consideration of full payment of the Benefits Fee, Organization shall provide Client with the Benefits listed below at the Toumament selected below in accordance with the Benefit Terris & Conditions attached hereto.
TOURNAMENT:
D
z
D
CENTRAL FLORIDA
CHAMPIONSHIP
0 CHAMPIONSHIP
Logo TBD
BENEFITS:
•
Central Florida Championship
February 24 — March 2, 2025
Country Club of Winter Haven
Winter Haven, FL
Payment Due Date: February 10, 2025
IOA Championship Presented by Morongo
Casino Resort & Spa
April 21-27, 2025
Morongo Golf Club al Tukwet Canyon
Beaumont, CA
Payment Due Date: April 7.2025
Reliance Matrix Championship
April 28 — May 4, 2025
Spanish Trail Country Club
Las Vegas, Nevada
Payment Due Date: April 14 2025
• 3 Pro -Am teams for the Official Pro -Am
• 24 Invitations to the Pro -Am Party
• Social Media recognition of #ACityElevated or other hashtags provided by Sponsor on Toumament social media channels • Organization will encourage the use of the "#ACityElevated" hashtag generally during Tournament Week. • Organization will include an "About Beaumont" blurb on Toumament website with a link to Sponsor's website. • Opportunity to distribute Sponsor marketing handouts and special event announcements, as mutually agreed upon between the parties, in Tournament player welcome bags.
Opportunity to create other marketing and promotional events during Toumament Week, subject to Organization's written approval.
O
Tim Kramer
[email protected]
CARLISLE
Hartford 6
HealthCare
wn,nenr ChamDlnnenlu
EPSON
TOUR
CHAMPIONSHIP
Carlisle Arizona Women's Golf Classic
May 5 —11, 2025
Champions Course TPC Scottsdale
Scottsdale, AZ
Payment Due Date: April 21 2025
Hartford HealthCare Women's Championship
July 7 —13, 2025
Great River Golf Club
Milford, CT
Payment Due Date: June 23, 2025
Epson Tour Championship at Indian Wells
September 29 — October 5, 2025
Indian Wells Resort — Celebrity Course
Indian Wells, CA
Payment Due Date: September 15 2025
BENEFITS FEE:
VALUE - IN • KIND:
EXEMPT rev 11/20/24
S 10,000 plus applicable taxes
Full payment is due on or before the Payment Due Date listed with the specific Toumament information above. If the Payment Due Date for the applicable Toumament has passed, full payment must be submitted with this Agreement.
N/A
1 LEGAL
This Terms of Acreement and the Benefit Terms & Conditions attached hereto (collectively "Agreement') constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, arrangements and understandings, written or oral, relating to the subject matter hereof. Neither party has relied upon any statement or representation, written or oral, not contained in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last day and year listed below.
CLIENT ORGANIZATION
Signature:
Name:
Title:
Date:
EXEMPT rev 11/20/24
2 Signature:
Name:
Title:
Date:
Salta,
[email protected] [email protected]
CFO
03/26/2025
1 LEGAL
BENEFIT TERMS & CONDITIONS
1. Term. This Agreement shall be effective upon full execution and shall expire upon conclusion of the selected Tournament or December 31, 2025, whichever occurs first. Any and all terms & conditions contained herein which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement.
2. Client Marks. Client grants Organization the non-exclusive right to use Client's name and logo to deliver the Benefits under this Agreement during the Term. Client hereby authorizes Organization, its duly authorized agents, assigns, and licensees, to utilize the likeness, picture, or image of names, symbols, trademarks, copyrights, and/or decals owned or controlled by Client, as such lndicia is captured on the Tournament grounds during the Tournament ("lndicia°), for promoting, advertising, recording, broadcasting, or reporting on the Tournament, the Tour or golf, during and after such Tournament. Such rights to the Indicia shall be granted now and in perpetuity, royalty -free, and without further permission from Client, and shall survive the expiration or termination of this Agreement. Client represents that Organization's authorized use of Client intellectual property will not violate any agreement or license to which Client may be subject or infringe the intellectual property rights of any third party.
3. Tournament Marks/Organization Marks. Client shall have no right to use the name, logo, and/or intellectual property of Organization or the Toumament Mark(s) without prior express written approval from Organization. If Organization does grant the right to use a Toumament Mark, the following shall apply.
Each use of the Tournament Mark shall be subject to Organization's prior written approval. Client will submit all materials to Organization for approval no later than five (5) days before the intended use. Organization in its reasonable discretion, shall approve or disapprove each submission in writing within five (5) business days after receipt of such submission. Every use of the Toumament Mark will include any designation legally required or useful for enforcement of copyright, trademark or service mark rights, such as °©", "®°,"T'M" or "SM° or as designated by Organization. In the event the quality, appearance or style of the Tournament Mark as used by Client ceases to be acceptable or reflects unfavorably upon the professional, business or personal reputation of the Tournament, Organization shall have the right to withdraw its approval of such use. Upon receipt of written notice from Organization of any such withdrawal of approval, Client shall immediately cease the use of the Tournament Mark in connection with any activity for which approval has been withdrawn. Notwithstanding the above, Organization retains all rights in and to the Toumament Mark.
4. Media Rights. Client acknowledges and agrees that Organization exclusively and in perpetuity owns any and all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means, process, medium or device, whether or not currently in existence, all images, sounds and data (including but not limited to electronic transmissions and scoring information) arising from or during Toumament and that Organization is and shall be the sole owner of any and all copyrights, intellectual property rights, and proprietary rights worldwide in and to these works and in and to any other works, copyrightable or otherwise, created from the images, sounds and data arising from or during any Tournament.
5. Payment. Client understands and agrees the Benefits Fee shall be due and payable on or before the Payment Due Date. If this Agreement is executed after the Payment Due Date, the Benefits Fee shall be due immediately. If Client fails to pay the Benefits Fee by the Payment Due Date, Organization may deny providing the Benefits until the payment obligations are fulfilled. Such actions by Organization shall not be considered a breach of this Agreement nor relieve Client of the Benefits Fee due and owing under this Agreement. All payments are non-refundable. Any payment which is due but has not been received by Organization shall be subject to a monthly late charge of one and one-half percent (1.5%) of the amount(s) owed, which Client hereby agrees to pay. Further, Client agrees to pay any and all reasonable costs incurred by Organization in the collection of delinquent payments, including court costs and/or IegaVcollection fees.
6. Remedies. If due to circumstances beyond the reasonable control of Organization, it becomes impossible or impractical for Organization to provide any one or more of the Benefits, Organization will use goof faith efforts to provide a different promotion or benefit having similar promotional value as determined by Organization ("Substitute Benefit(s)). If Organization is unable to deliver a Substitute Benefit(s) due to cancellation or modfcaflon of the Toumament caused by events beyond Organization's reasonable control, Organization shall not be obligated to reduce or refund any part of the Benefits Fee to Client.
7. Indemnification. Client agrees to fully defend, indemnify and hold harmless Organization, the title sponsor, the Tournament site, and each of their affiliates, and each of their respective boards of directors, officers, agents, members, volunteers, assigns, designees licensees and employees, from any and all claims, demands, damages, liabilities, costs or expenses (including reasonable legal fees and expenses) arising out of or related to, Client's breach, or alleged breach, of its obligations, representations or warranties herein; or Client's use of the Benefits under this Agreement. Notwithstanding anything to the contrary, Client is not obligated to defend, indemnify, or hold harmless, Organization against any claims arising solely out Client's gross negligence or more culpable act or omission (including recklessness or willful misconduct). However, Client's obligation to defend shall extend to claims alleging the negligence, willful misconduct or omissions of Organization when combined with other claims triggering Client's obligation to defend, provided however that upon the final adjudication by a court of competent jurisdiction or written settlement between the parties, Organization shall reimburse Client for the portion of losses so adjudicated as the sole responsibility of Organization.
8. Direct Claims. The validity, interpretation and performance of this Agreement shall be govemed by the laws of the State of Florida, without giving effect to the principles of conformity or conflicts of laws thereof. The parties knowingly and voluntarily agree that the exclusive venue for any dispute, claim, question, or disagreement between the parties arising from or relating to this Agreement or the breach thereof shall be the state and federal courts in and for Orange County, Florida. AR parties hereby knowingly and voluntarily waive any and all objections to venue and personal jurisdiction in the foregoing and agree to waive any right to jury trial and submit themselves thereto.
9. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Organization's aggregate liability arising out of or related to this Agreement exceed the Benefits Fee. The foregoing limitation applies even if Client's remedies under this Agreement fail of their essential purpose.
Client acknowledges and agrees that Organization entered into the Agreement in reliance upon the limitations of liability set forth in this Section, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
EXEMPT rev 11/20/24
3 LEGAL
City of Beaumont CA - Benefits Event (IOA
Championship) - Agreement - Epson
Final Audit Report 2025-03-26
Created: 2025-03-25
By: LPGA Legal ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA8M3Gcgr-p5yZ875V60Widj02MjX2FcFJ "City of Beaumont CA - Benefits Event (IOA Championship) - Ag reement - Epson" History
Document created by LPGA Legal ([email protected]) 2025-03-25 - 6:32:16 PM GMT
C� Document emailed to [email protected] [email protected] ([email protected]) for signature 2025-03-25 - 6:32 21 PM GMT
''I Email viewed by [email protected] [email protected] ([email protected]) 2025-03-26 - 4:09:49 PM GMT
C56 Document e -signed by [email protected] [email protected] ([email protected]) Signature Date: 2025-03-26 - 4:10:46 PM GMT - Time Source: server Agreement completed.
2025-03-26 - 4:10:46 PM GMT
Q Adobe Acrobat Sign
Pa0c 1 RRC of 1779
094-13-5
2024 BENEFITS AGREEMENT
This Tournament Agreement is made and entered into upon full execution ("Effective Date') by and between FGTA, LLC cllb/a Epson Tour ("Organization") with an address of 100 International Golf Drive, Daytona Beach, Florida 32124 and the Client listed below:
Client:
Address:
City of Beaumont
550 E Sixth Street
Beaumont, CA 92223
Representative:
Email:
Phone:
TERMS OF AGREEMENT
Nicole Wheelwright
[email protected]
951-572-3196
In consideration of full payment of the Benefits Fee, Organization shall provide Client with the Benefits listed below at the Tournament selected below in accordance with the Benefit Terms & Conditions attached hereto.
TOURNAMENT:
C4RLISLE
❑ Hartford 6
HealthCare
Women's Championship
Nah+ral.
r r li'r
BENEFITS:
Carlisle Arizona Women's Golf Classic
May 6 — 12, 2024
Champions Course TPC Scottsdale
Scottsdale, AZ
Payment Due Date: April 24, 2024
Hartford HealthCare Women's
Championship
July 8-14, 2024
Great River Golf Club
Milford, CT
Payment Due Date: June 24, 2024
Florida Natural Charity Classic
March 4 — 10, 2024
Country Club of Winter Haven
Winter Haven, FL
Payment Due Date: February 19. 2024
I, ' uRANCE SERV,'. s
CHAMPIONSHIP
ETOURPSON
CHAMPIONSHIP
IOA Championship Presented by Morongo
Casino Resort & Spa
April 22 -28, 2024
Morongo Golf Club at Tukwet Canyon
Beaumont, CA
Payment Due Date: April 8 2024
Epson Tour Championship at Indian Wells
September 30 — October 6, 2024
Indian Wells Resort — Players Course
Indian Wells, CA
Payment Due Date: September 16. 2024
1. 3 Pro -Am teams for the Official Pro -Am
2. 24 Invitations to the Pro -Am Party
3. Social Media recognition of #ACityElevated or other hashtags provided by Sponsor on Tournament social media channels
4. Organization will encourage the use of the'Y#ACityElevated" hashtag generally during Tournament Week.
5. Organization will indude an "About Beaumont" blurb on Tournament website with a link to Sponsor's website.
6. Opportunity to distribute Sponsor marketing handouts and special event announcements, as mutually agreed upon between the parties, in Tournament player welcome bags.
7. Opportunity to create other marketing and promotional events during Tournament Week as mutually agreed upon between the parties.
BENEFITS FEE:
VALUE - IN - KIND:
$10,000.00 , plus applicable taxes Full payment is due on or before the Payment Due Date listed with the specific Tournament information above. If the Payment Due Date for the applicable Tournament has passed, full payment must be submitted with this agreement. , plus applicable taxes Full payment is due on or before the Payment Due Date listed with the specific Tournament information above. If the Payment Due Date for the applicable Tournament has passed, full payment must be submitted with this Agreement.
N/A
This Terms of Agreement and the Benefit Terms & Conditions (collectively "Agreement") constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, arrangements and understandings, written or oral, relating to the subject matter hereof. Neither party has relied upon any statement or representation, written or oral, not contained in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last day and year listed below.
CLIENT
Signature:
Name:
Title:
Date:
ROvt, C,1,66
-ifer3, ILA lob s
ORGANIZATION
Signature:
Name: Kathy Milthorpe
Title: Chief Financial Officer
Date:
BENEFIT TERMS & CONDITIONS
1. Term. This Agreement shall be effective upon full execution and shall expire upon conclusion of the selected Tournament or December 31, 2024, whichever occurs first. Any and all terms 8, conditions contained herein which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement.
2. Client Marks. Client grants Organization the non-exclusive right to use Client's name and logo to deliver the Benefits under this Agreement.
Client hereby authorizes Organization, its duly authorized agents, assigns, and licensees, to utilize the likeness, picture, or image of names, symbols, trademarks, copyrights, and/or decals ("Indicia") owned or controlled by Client, as such Indicia is captured on the Tournament grounds during the Tournament, for promoting, advertising, recording, broadcasting, or reporting on the Tournament, Tour or golf, during or after such Tournament. Such rights shall be granted now and in perpetuity, royalty -free, and without further permission from Client, and shall survive the expiration or termination of this Agreement. Client represents that Organization's authorized use of Client intellectual property will not violate any agreement or license to which Client may be subject or infringe the intellectual property rights of any third party.
3. Tournament MarkslOrganization Marks. Client shall have no right to use the name, logo, and/or intellectual property of Organization or the Tournament Mark(s) without prior express written approval from Organization. If Organization does grant the right to use a Tournament Mark, the following shall apply. Each use of the Tournament Mark shall be subject to Organization's prior written approval. Client will submit all materials to Organization for approval no later than five (5) days before the intended use. Organization in its reasonable discretion, shall approve or disapprove each submission in writing within five (5) business days after receipt of such submission. Every use of the Tournament Mark will include any designation legally required or useful for enforcement of copyright, trademark or service mark rights, such as "C)", "®","TM" or "SM" or as designated by Organization. In the event the quality, appearance or style of the Tournament Mark as used by Client ceases to be acceptable or reflects unfavorably upon the professional, business or personal reputation of the Tournament, Organization shall have the right to withdraw its approval of such use. Upon receipt of written notice from Organization of any such withdrawal of approval, Client shall immediately cease the use of the Tournament Mark in connection with any activity for which approval has been withdrawn. Notwithstanding the above, Organization retains all rights to the Tournament Mark.
4. Media Rights. Client acknowledges and agrees that Organization exdusively and in perpetuity owns any and all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means, process, medium or device, whether or not currently in existence, all images, sounds and data (including but not limited to electronic transmissions and scoring information) arising from or durin g Tournament and that Organization is and shall be the sole owner of any and all copyrights, intellectual property rights, and proprietary rights worldwide in and to these works and in and to any other works, copyrightable or otherwise, created from the images, sounds and data arising from or during any Tournament.
5. Payment. Client understands and agrees the Benefits Fee shall be due and payable on or before the Payment Due Date. If this Agreement is executed after the Payment Due Date, the Benefits Fee shall be due immediately. If Client fails to pay the Benefits Fee by the Payment Due Date, Organization may deny providing the Rights and Benefits until the payment obligations are fulfilled. Such actions by Organization shall not be considered a breach of this Agreement nor relieve Client of the Benefits Fee due and owing under this Agreement. All payments are non- refundable. Any payment which is due but has not been received by Organization shall be subject to a monthly late charge of one and one-half percent (1.5%) of the amount(s) owed, which Client hereby agrees to pay. Further, Client agrees to pay any and all reasonable costs incurred by Organization in the collection of delinquent payments, including court costs and/or legal/collection fees.
6. Remedies. If due to circumstances beyond the reasonable control of Organization, it becomes impossible or impractical for Organization to provide any one or more of the Rights and/or Benefits, Organization will use goof faith efforts to provide a different promotion or benefit having similar promotional value as determined by Organization ("Substitute Benefit(s)"). If Organization is unable to deliver a Substitute Benefit(s) due to cancellation a modification of the Tournament caused by events beyond Organization's reasonable control, Organization shall not be obligated to reduce or refund any part of the Benefits Fee to Client.
7. Indemnification. Client agrees to fully defend, indemnify and hold harmless Organization, the title sponsor, the Tournament site, and each of they affiliates, and each of their respective boards of directors, officers, agents, members, volunteers, assigns, designees licensees and employees, from any and all claims, demands, damages, liabilities, costs or expenses (including reasonable legal fees and expenses) arising out of or related to, Client's breach, or alleged breach, of its obligations, representations or warranties herein; or Client's use of the Rights and Benefits under this Agreement. Client's obligations to defend, indemnify and hold harmless shall not extend to claims. Notwithstanding anything to the contrary, Client is not obligated to defend, indemnify, or hold harmless, Organization against any direct claim arising solely out Client's gross negligence or more culpable act or omission (including recklessness or willful misconduct). However, Client's obligation to defend shall extend to claims alleging the negligence, willful misconduct or omissions of Organization when combined with other claims triggering Client's obligation to defend, provided however that upon the final adjudication by a court of competent jurisdiction or written settlement between the parties, Organization shall reimburse Client for the portion of losses so adjudicated as the sole responsibility of Organization.
8. Direct Claims. The validity, interpretation and performance of this Agreement shall be governed by the laws of the State of Florida, with out giving effect to the principles of conformity or conflicts of laws thereof. The parties knowingly and voluntarily agree that the exdusive venue for any dispute, claim, question, or disagreement between the parties arising from or relating to this Agreement or the breach thereof shall be the state and federal courts in and for Orange County, Florida. All parties hereby knowingly and voluntarily waive any and all objections to venue and personal jurisdiction in the foregoing and agree to waive any right to jury trial and submit themselves thereto.
9. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Organization's aggregate liability arising out of or related to this Agreement exceed the Benefits Fee. The foregoing limitation applies even if Client's remedies under this Agreement fail of their essential purpose. Client acknowledges and agrees that Organization entered into the Agreement in reliance upon the limitations of liability set forth in this Section, that the same reflect an allocation of risk between the parties (including the risk thata contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Thaxton Van Belle, Water Reclamation Director
BY: Darron Usher, Principal Management Analyst
DATE: March 3, 2026
SUBJECT: Approval of Third Amendment to Agreement with Dopudja & Wells Consulting
Description: Approve the Third Amendment to the Agreement for Professional Services with Dopudja & Wells Consulting, extending the term of the agreement through December 7, 2028, and increasing the total not -to -exceed compensation amount by $75,000 to a grand total of $225,000.
Background and Analysis:
On December 7, 2023, the City entered into an Agreement for Professional Services with Dopudja & Wells Consulting to provide senior advisory services related to the evaluation of outside sales of recycled water. The original agreement established a not - to -exceed amount of $74,880.
The First Amendment extended the term of the agreement to March 8, 2026, and the Second Amendment increased the total compensation to $150,000 to allow the continuation of professional advisory and technical services.
The agreement scope includes, but is not limited to:
• Review of existing supporting documentation and recycled water agreements • Interviews with City staff and Council subcommittee members • Evaluation of recycled water availability and conceptual infrastructure improvements
• Cost -benefit analysis and financial projections
• Development of draft policy memorandums and final recommendations • Project management and coordination support
As the City continues to evaluate long-term recycled water strategies, potential partnerships, infrastructure planning, and policy development, staff has identified the need for ongoing specialized advisory services. The recycled water initiative involves coordination with multiple regional agencies, complex financial modeling, infrastructure
feasibility considerations, and policy -level decision -making that requires subject matter expertise.
The proposed Third Amendment will:
1. Extend the term of the agreement through December 7, 2028, ensuring continuity of professional services during implementation and negotiation phases; and
2. Increase the total not -to -exceed compensation amount by $75,000 to support additional advisory services, updated financial modeling, infrastructure evaluation, policy refinement, stakeholder coordination, and implementation support.
This extension provides stability and continuity as the City transitions from evaluation and conceptual planning into more defined negotiation, policy adoption, and infrastructure implementation phases. Maintaining the consultant ensures institutional knowledge is retained and avoids delays associated with procuring and onboarding a new consultant.
The additional funding will allow the City to obtain updated projections reflecting changing water market conditions, regulatory requirements, and infrastructure costs, as well as continued executive -level advisory services necessary to support Council direction.
Strategic Plan Alignment
This item aligns with the City's Strategic Plan goals related to infrastructure planning, fiscal sustainability, and long-term water resource management (Goal 4.1).
Fiscal Impact:
The estimated cost of preparing this staff report is $300.
The Third Amendment increases the total not -to -exceed compensation under the agreement by $75,000. Funds are available within the applicable Water/Wastewater professional services budget, 700-4050-7068.
No additional General Fund impact is anticipated beyond budgeted appropriations.
Recommended Action:
Approve the Third Amendment to the Agreement for Professional Services with Dopudja & Wells Consulting to extend the term of the agreement through December 31, 2028 and increase the total not -to -exceed compensation amount by $75,000, for a revised total contract amount of $225,000; and
Authorize the City Manager to execute the Third Amendment and any minor, non - substantive changes consistent with Council direction.
Attachments:
A. Third Amendment
B. Second Amendment
C. First Amendment
D. Professional Services Agreement — Dopudja and Wells
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT BY INDEPENDENT CONTRACTOR (C23-129)
THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES ("Amendment No. 3") by and between the CITY OF BEAUMONT ("City") and Dopudja & Wells Consulting, a California Corporation ("Consultant") is effective as of this day:
RECITALS
A. City and Consultant entered into that certain Contract dated December 7, 2023 for the purpose of providing Senior Advisory Services for the evaluation of outside sales of Recycled Water or potential transfer ("Agreement").
B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated March 8, 2024 to extend the Term of the Agreement to March 8, 2026.
C. City and Consultant have entered into an Amendment No. 2 to the Agreement dated June 5, 2025 to increase the Contract Sum to One Hundred Fifty Thousand Dollars ($150,000.00).
D. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to March 8, 2028 and to increase the Contract Sum to Two Hundred Twenty - Five Thousand ($225,000.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 3 shall not exceed Seventy -Five Thousand ($75,000.00) thereby increasing the Contract Sum, as set forth in Section 4.01 of the Agreement, to Two Hundred Twenty -Five Thousand Dollars ($225,000.00).
1.2 The Term of the Agreement, as set forth in Section 1 of the Agreement, is hereby extended through March 8, 2028, unless sooner terminated or extended as provided in the Agreement.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement as amended by Amendment Nos.1 and 2, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 3. In the event of a conflict between the provisions of this Amendment No. 3 and the
provisions of the Agreement or Amendments No.1 through 3, the provisions of this Amendment No. 3 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 3.
2.3 Authority. The persons executing this Amendment No. 3on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 3 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party ("electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
The Parties are signing this Amendment No. 3 on the date stated in the introductory clause.
CITY OF BEAUMONT CONSULTANT
Gustavo Romo,
Interim City Manager
NAME:
TITLE:
City Council Approval: NAME:
TITLE:
ATTEST:
Nicole Wheelwright,
Deputy City Clerk
APPROVED AS TO FORM:
Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
City of Beaumont Contract Number:
C23-129.2
SECOND AMENDMENT TO AGREEMENT FOR SERVICES BY INDEPENDENT
CONTRACTOR
THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and Dopudja & Wells Consulting, a California Corporation (hereinafter called "CONTRACTOR") as of tune 3rd, 2025.
This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.
RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. WHEREAS, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Services by Independent Contractor" dated December 7, 2023 ("Agreement").
B. WHEREAS, CITY and CONTRACTOR agreed to extend the term of the agreement by two years in Amendment #1 on March 8, 2024.
AMENDMENT
The parties hereby agree that Section 1 of the Agreement is hereby deleted in its entirety and replaced with the following:
I . Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate on March 8, 2026 as stated in Amendment #1 unless extended by the parties with the approval of the City Council of City.
2. The parties hereby agree that Section 4.01 of the Agreement is hereby amended and replaced with the following:
2. Compensation. Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original agreement, compensation was set at Seventy -Four Thousand, Eight Hundred and Eighty Dollars ($74,888).
Per this Second Amendment, compensation is increased by the amount of Seventy -Five Thousand One Hundred twelve Dollars ($75,112), to be billed in accordance with the Proposal attached hereto as "Exhibit A" resulting in total of agreement of One Hundred and Fifty Thousand Dollars ($150,000)
City of Beaumont Contract Number:
C23-129.2
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written,
Grte0VD "r°
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR
SERVICES BY INDEPENDENT CONTRACTOR
CITY:
CITY OF BEAUMONT
By:
Date:
(2(f,19.5
Elizab h M. Gi
CITY OF BEAUMONT
CONTRACTOR: Dopudja & Wells
By:
Print Name: Stephen Dopudja
bs,`City Manager Title: President/CEO
Date:June 5, 2025
City of Beaumont Contract Number:
C23-129.2
EXHIBIT "A"
See Attachment A
Dopudja & Wells
c o n s u l t i n g
June 3, 2025
Ms. Elizabeth Gibbs
City Manager
City of Beaumont
550 E. 6ch Street
Beaumont, CA 92223
SUBJECT: Amendment #2 to Provide Senior Advisory Services for the Evaluation of Outside Sales of Recycled Water or Potential Transfers
Dear Ms. Gibbs,
Dopudja & Wells Consulting (Dopudja & Wells) has been supporting the City of Beaumont (City) in developing full beneficial use of the recycled water generated at the City's Wastewater Treatment Plant (WWTP). Support activities originally focused on a broad assessment of market opportunities for the recycled water, Based upon the results of this assessment, activities have recently focused on developing an agreement with the Beaumont Cherry Valley Water District (BCVWD) for use of the recycled water in its non -potable water system, and on developing supplemental uses for the recycled water that cannot be put to beneficial use in BCVWD's non -potable water system. The supplemental uses being explored involve other uses such as groundwater banking with BCVWD, as well as other uses with the San Gorgonio Pass Water Agency (SGPWA) and the Morongo Band of Mission Indians (MBMI) as examples_ Dopudja & Wells is pleased with the progress that has been made in negotiations with BCVWD, and is submitting this Amendment #2 for Phase 2 services to continue support for the development of beneficial uses for the City's recycled water.
Scope of Work — Phase 2
The results of the work done to date indicate that it is unlikely that the City will be able to enter into a single take - or -pay agreement that will utilize all of the recycled water for beneficial use. More likely is an outcome for which a portion of the recycled water is utilized in BCVWD's non -potable water system via agreement between the City and BCVWD, and the remaining portion is utilized via potential agreements with other agencies. These potential other agreements may take advantage of both the volume of recycled water available from the City as well as the high quality of the recycled water, both of which could provide value to potential agreement partners. To support these outcomes for the City, the following major task areas have been identified for the Phase 2 Scope of Work:
Task 1. Continued Negotiation With BCVVV
During Phase 1 of this process, Dopudja & Wells implemented a structured negotiation process between the City and BCVWD. This structured process includes an exchange of negotiating parameters via matrix, and is designed to focus negotiation on substantive issues. The process has advanced successfully to the point that the last remaining major point of negotiation is the price of the recycled water, in addition to several smaller points.
Dopudja & Wells anticipates continuing this negotiation process until negotiation points are agreed upon sufficiently to allow for the development of a Term Sheet between the City and BCVWD for the use of the City's recycled water in the BCVWD non -potable water system.
6789 Quail !Hill Parkway, #421 • Irvine California 92603
Ms. Elizabeth Gibbs
June 3, 2025
Task 1 Summary: This task will include multiple meetings internally with City staff and City elected officials, and multiple meetings with representatives of BCVWD. The deliverable for this task will be a completed negotiation matrix.
Task 2. Development of Term Sheet and Agreement for Recycled Water Sale between City and BCVWD
Based upon the agreements achieved in the negotiation matrix in Task 1, Dopudja & Wells will assist the City Attorney to develop a Term Sheet for the exchange of recycled water between City and BCVWD. Based upon the negotiations to date, it is anticipated that the Term Sheet will encompass an agreement under which BCVWD will use some portion of the City's available recycled water in BCVWD's non -potable system and will potentially convey the remaining portion of the recycled water for recharge or use by another agency. This combination of uses for the City's recycled water is described in the negotiation process as a "hybrid solution." Dopudja & Wells will assist the City Attorney in developing a Preliminary Term Sheet for review by City Staff and BCVWD staff. It is anticipated that minor negotiation will be required between the two agencies to achieve technical agreement on the Preliminary Term Sheet_ After this technical agreement, a Draft Term Sheet will be provided to the City and BCVWD for a final review.
When the Final Term Sheet is approved, Dopudja & Wells will continue to work with City legal staff to produce a Recycled Water Agreement between the City and BCVWD. It is assumed that City legal staff will lead the effort to produce the Term Sheet and Recycled Water Agreement, with Dopudja & Wells assisting and reviewing the documents for technical conformance to the Final Term Sheet.
Task 2 Summary: Deliverables for Task 2 will include a Final Term Sheet and a Recycled Water Agreement that conforms to the Final Term Sheet. Multiple meetings will be held internally and externally to achieve these deliverables. It is anticipated that Dopudja & Wells will be in a support role for the drafting and finalization of agreements.
Task 3. Coordination, Negotiations and Meetings with SGPWA, MBMI, and Other Potential Partners for Recycled Water Use
As described above, the current status of negotiations indicates that full beneficial use of the City's recycled water will take place using a hybrid solution, under which a portion of the recycled water is used in BCVWD's non -potable water system, and the remaining portion is used by another partner, or is recharged for later use. Dopudja & Wells will coordinate and negotiate with other potential partners for recycled water use, including SGPWA, MBMI, the City of Banning, and others as identified. These activities will include internal and external meetings and workshops as appropriate.
6789 Quail Hill Parkway, #421 • Irvine California 92603
Ms. Elizabeth Gibbs
June 3, 2025
Task 3 Summary: Deliverables will include report -outs from meetings and negotiations. if appropriate, a Memorandum of Understanding will be developed between potential recycled water partners and the City.
Task 4. Evaluation of Conceptual Infrastructure Alternatives for Recycled Water Utilization During Phase 1, Dopudja & Wells reconciled projections for recycled water availability. The projections included near -term (next five years) through ultimate values.
During Phase 2, Dopudja & Wells will develop conceptual layouts reflecting the reuse and recharge concepts, and the required recycled water infrastructure for each of the three service options to BCVWD, SGPWA, and/or MBMi.
The refined conceptual layouts will be based upon previous efforts to the extent possible and updated where appropriate.
Task 4 Summary: Recycled water availability and conceptual infrastructure projections will be updated and developed in figure and table format. The figures and tables will be integrated into the internal communications described in Task 2.
Task 5. Financial Evaluation of Recycled Water Utilization Alternatives Following the conceptual layouts, Dopudja & Wells will evaluate the cost and benefits of the proposed infrastructure alternatives with the preliminary water reuse policy that is being developed. The Cost Benefit Analysis will help guide the discussions regarding the highest and best use of the City's treated effluent. Cost projections are anticipated to be at the conceptual level in terms of dollars invested compared to acre-feet of yield. Industry standard cost assumptions will be used where no specific data is available for the City's options.
Task 5 Summary: Cost Benefit Analysis in figure and table format will be provided for review and comment by City staff and/or Council Subcommittee members.
Task 6. Coordination and Collaboration with City Stakeholders As with Phase 1, the activities in Task 1 through Task 5 for Phase 2 will require extensive coordination with City stakeholders, including leadership staff, technical staff, legal counsel, and elected officials. Dopudja & Wells will provide extensive coordination and collaboration with these City stakeholders, including report -out emails, calls, virtual meetings and workshops, in -person meetings and workshops, and public meetings as required.
Task 6 Summary: Deliverables from coordination activities will be provided as required. 6789 Quail Hill Parkway, #421 • Irvine California 92603
Ms. Elizabeth Gibbs
June 3, 2025
Page4
Task 7. Project Management
Project control activities include internal coordination, management of internal project support team, monitoring of schedule and budget, and internal review of work products (QA/QC).
Proposed Fee, Schedule and Hourly Rates
The tasks under Phase 2 can be challenging to fully estimate due to the fluidity of topics and issues to resolve.
Dopudja & Wells has made its best effort to estimate the scope of work. The tasks in the Phase 2 Scope of Work described above will be performed on a time and materials basis, with the total fee not to exceed $75,112, without prior authorization. The proposed budget is for the entire engagement and all or part of the budget may be shifted by Dopudja & Wells among tasks as the project progresses.
Hourly rates for consultant support are shown in Table 2. It is our understanding that the work will be conducted principally by Dopudja & Wells' Principal, Stephen Dopudja, P.E., Jon Wells, P.E., Jason Pivovaroff, P.E. with support from Paul D. Jones I I, on an as -needed basis.
Table 1 - Fees for Services
Tasks
Description
Estimated Hours
Amount ($)
1 Continued Negotiation With BCVWD
68 $23,500
2 Development of Term Sheet and Agreement for Recycled Water Sale between City and BCVWD
56 $19,100
3 Coordination. Negotiations and Meetings with SGPWA, MBMI. and Other Potential Partners for Recycled Water Use
24 $8.200
4 Evaluation of Conceptual Infrastructure Alternatives for Recycled Water Utilization
1E
$5,400
5 Financial Evaluation of Recycled Water Utilization Alternatives 24 $8,200
6 Coordination and Collaboration with City Stakeholders 20 $6,900
7 Project Management
14 $3,530
Expenses — Mileage (assumes up to three in -person meetings at the City) As -needed
$282
Total Amount
$75,112
Note: Any reimbursable expenses will be billed on a cost plus 10% basis. Mileage will be billed at the current IRS rate.
Table 2 - Hourly Rates
Staff Description Hourly Rate ($)
Principal/Senior Advisor
$375
Project Manager/Senior Engineer
$325
Senior Administrative
$155
6789 Quail Hill Page .,1021Of I"I / p2California 92603
Ms. Elizabeth Gibbs
June 3, 2025
We look forward to working with the City of Beaumont on this important project. Please do not hesitate to contact Stephen Dopudja at [email protected] or at 949-842-4370 if there are any questions.
Sincerely,
Dopudja & Wells Consulting
/ f
,::'2,—
Stephen Dopudja, P.E.
President
R.C.E. 65187
6789 Quail Hill Parkway, t 121 • Irvine, California 92603
A r Ian CERTIFICATE OF LIABILITY INSURANCE
11ATE(MMIDEVYYYY)
2/11/20255
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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Venbrook Insurance Services, CA Lic 0D80832
632O Canoga Ave., 12th Floor
Woodland Hills CA 91367
CONTACT Daniel Goodrich
NAME'
ONE Ex1i: (818)598-8900 {AAre,No):
Amuse:[email protected]
INSURERISI AFFORDING COVERAGE
NAIC s
INsuRERA:Hartford Underwriters Insurance Company,
30104
INSURED
Dopudja 6 Wells Consulting
18721 Cottonwood St
Suite 12
Fountain Valley CA 927O8
INSURERs:Redwood Fire and Casualty Insurance Cos
11673
INSURERc;Hartfard Casualty Insurance Company
29424
LNsuRERD;Landmark American Insurance Company
33136
INSURER E
INsuRERF:
COVERAGES
CERTIFICATE NUMBER:CL252473139
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVWTHSTAND1NGANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
INSD
SU0R
WW1
POLICY NUMBER
POLICY EFF
.1M _
POLICY EXP
IMWppryYYY]
LIMITS
A
X
COMMERCIALGENERAL UABILnY
Y
7230ABJ3NIL
2/22/2025
I
2/22/2026
EACH OCCURRENCE
S 2,000,000
$ 1,000,000
CLAIMS -MADE 1-1 OCCUR
DAMAGE TO RENTED
PREMISES {Ira occurrence)
MED pe
EXP (Any aria rson)
S 10,000
PERSONAL d ADV INJURY
5 2,000,000
GENII_
X
1 AGGREGATE LIMIT APPLIES PER:
POLICY D PA P LOC
OTHER:
GENERAL AGGREGATE
5 4,000,000
PRODUCTS - OOMPIOP AGG
S 4,000,000
S
B
AUTOMOBILE
X
X
LIABIUTY
ANY AUTO
ALL OWNED
AUTOS
HIREDAUTOS
—
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
01APM041046-02
Endorsed to General Liability
11/19/2024
11/10/2025
COMBINED SINGLE LIMIT
(Ea accident)
5 1,000,000
BODILY INJURY (Per penori)
S
BODILY INJURY Pet accident)
S
S
PROPERTY DAMAGE
Per accident)
Hired d Non -Owned
$ 1,000,000
UMBRELLA LIAB
EXCESS LIAO
—
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
S
AGGREGATE
S
DED RETENTION S
5 C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORJPARTNERIEXECUTNE
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes. describe order
DESCRIPTION OF OPERATIONS below
Y!N
NIA
y
72WECAX4EEK
2/22/2025
2/22/2026
X —PER fOTH-
STATUTE I ER
E.L. EACH ACCIDENT
5 1,000,000
E.,L DISEASE • EA EMPLOYEE
5 1,000,000
E.L. DISEASE • POLICY LIMIT
S 1,000,000
D
Professional Liability
LHR864474
2/2/2025
2/2/2926
55,a06ded. 52,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace la requir d) City of Beaumont Agreement @C23-129
City of Beaumont and CITY, its officials, employees and agents are Additional Insured with regard to General Liability, Auto Liability and Professional Liability when required by written contract per form issued by carrier.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
D Goodrich/DGOODR --
ACORD 25 (2014/01)
1N5025 (201401)
Q 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEC AK4WEK Endorsement Number:
Effective Date: 02/22/25 Effective hour is the same as stated on the information Page of the policy.
Named Insured and Address: Dopudja & Wells Consulting
18721 COTTONWOOD ST
FOUNTAIN VALLEY CA 92708
We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule,
The additional premium for this endorsement shall be 2 °I° of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whore you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 01113/25 Policy Expiration Date: 02/22/26
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE
HARTFORD
HIRED AUTO PHYSICAL DAMAGE COVERAGE
This endorsement modifies insurance provided under the following:
SPECIAL PROPERTY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Paragraph A.6., Coverage Extensions:
Hired Auto Physical Damage Coverage
(1) We will pay for direct physical loss or direct physical damage to a "'hired auto" caused by or resulting from a Covered Cause of Loss.
(2) We will also pay, up to a maximum of $1.000 per occurrence, for the loss of use of a "hired auto" if:
(a) It results from a covered loss as described in Paragraph (1) above; (b) You or your employee are legally liable for the loss of use; and (c) The lessor incurs an actual financial loss.
This limit is subject to, and not in addition to, the Limit of Insurance shown in the Declarations for Hired Auto Physical Damage Coverage.
(3) The following Paragraphs of Section A. COVERAGE do not apply to this Coverage Extension:
(a) Paragraph 1.b.(2): and
(b) Paragraph 2.b.
(4) The following exclusions apply to this Coverage Extension:
(a) We will not pay for loss or damage to any covered "hired auto" while used in professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for loss or damage to any "hired auto" while that covered "hired auto" is being prepared for such a contest or activity.
(b) We will not pay for loss or damage caused by or resulting from any of the following:
(i) Wear and tear, freezing. mechanical or electrical breakdown. (ii) Blowouts, punctures or other road damage to tires.
We will not pay for loss or damage to any of the following:
(i) Tapes, records, discs or other similar audio visual or data electronic devices designed for use with audio, visual or data electronic equipment.
(ii) Any device designed or used to detect speed -measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment.
(d) We will not pay for loss or damage to any "hired auto' you hire or borrow from any of your:
(i) "Employees";
(ii) Partners (if you are a partnership);
(iii) "Members" (if you are a limited liability company); (iv) Volunteers; or
any member of their household.
(e) We will not pay for loss or damage to a "hired auto" that is leased, hired, rented or borrowed with a driver (chauffeured vehicle).
We will not pay for loss or damage to a "hired auto" that is leased for a period of more than six months.
The following conditions do not apply to this Coverage Extension:
(5)
(c)
(f)
Form SP 30 73 10 18 Page 1 of 2
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. (a) Paragraph F.3., No Benefit To Bailee: and
(b) Paragraph F.4., Other Insurance.
(6) Additional Conditions
(a) In the event of loss or damage, you also must do the following:
(i) Promptly notify the police if the covered "hired auto" or any of its equipment is stolen; (ii) Take all reasonable steps to protect the covered "hired auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim; (iii) Permit us to inspect the covered "hired auto" and records proving the "loss" before its repair or disposition; and
(iv) Agree to examination under oath at our request and give us a signed statement of your answers. (b) We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding. storing or transporting property for a fee regardless of any other provision of this Coverage Form.
(c) The insurance provided by this Coverage Extension is intended to be primary insurance, If you have other insurance in the name of your business that provides Hired Auto Physical Damage Coverage on a primary basis, this coverage will contribute with that other insurance on a pro -rata basis.
We will not pay for loss or damage until it exceeds the Deductible shown in the Declarations for Hired Auto Physical Damage Coverage.
For each covered "hired auto", our obligation to pay for, repair, return or replace the damaged or stolen "hired auto" will be reduced by the Deductible shown in the Declarations for Hired Auto Physical Damage Coverage.
(8) Limit of Insurance
(a) The most we will pay for loss in any one occurrence regardless of the number of "hired autos" involved, is the lesser of:
(i) The limit shown in the Declarations for Hired Auto Physical Damage Coverage; (I) The actual cash value of the damaged or stolen "hired auto" at the time of the loss; or (iii) The cost of repairing or replacing the damaged or stolen "hired auto" with another of like kind and quality.
With respect to this Coverage Extension only, actual cash value means fair market value. An adjustment to fair market value may be made for depreciation and physical condition. (b) At our option we may:
(i) Pay to repair or replace the damaged or stolen "hired auto"; (ii) Return the stolen "hired auto", at our expense; or (iii) Take all or any part of the damaged or stolen "hired auto" at an agreed or appraised value.
If we pay for the loss, our payment will include the applicable sales tax for the damaged or stolen "hired auto".
(7)
THE
HARTFORD
B. The following definition is added to Section G., PROPERTY OEFINTIONS:
"Hired auto" means a land motor vehicle of the private passenger or truck type with a gross vehicle weight of
20.000 lbs. or less that:
a. You Pease, hire, rent or borrow; or
b. Is leased, hired or rented by your employee under a contract in that individual employee's name, with your permission, while performing duties related to conduct of your business. "Hired auto" includes a trailer with a load capacity of 2O00 lbs. or less and permanently attached equipment.
Form SP 30 73 10 18 Page 2 of 2
O 2018. The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, THE
HARTFORD
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The persons) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL
EXPENSES GENERAL CONDITIONS
a. Vendors
Any person(s) or organizations) (referred to below as vendor), but only with respect to "bodily injury" or "property damage"' arising out of "'your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 106 21 Page 1 of 3
rr;© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE.
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(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage® arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products -completed operations hazard", but only if:
(I) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3
© 2021„ The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE
HARTFORD
damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products -completed operations hazard", but. only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities, This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", 'property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f,(2)(b) above.
Form SL 30 32 06 21 Page3of3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY.
THE
HARTFORD
ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Designated Person Or Organization
a. The person(s) or organization(s) shown in the Declarations as Additional Insured — Designated Person Or Organization is also an additional insured, but only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(1) In the performance of your ongoing operations; or
(2) In connection with your premises owned by or rented to you. b. If coverage provided to these additional insureds is required by a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement, or permit to provide for these additional insureds. c. The insurance afforded to these additional insureds only applies to the extent permitted by law.
B. With respect to the insurance afforded such additional insured(s) by this endorsement, the following additional exclusion is added to Section B. EXCLUSIONS:
This insurance does not apply to 'bodily injury' or "property damage" included within the "products -completed operations hazard".
Form SL 30 4210 18 Page 1 of 1
©2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE
HARTFORD
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. The person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(1) In the performance of your ongoing operations for the additional insured(s): or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications, payment requests, manuals or instructions; (2) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (3) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service:
(4) Monitoring, sampling, or testing service necessary to perform any of the services included in (1), (2) or (3) above,
Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in (1), (2) or (3) above:
c. If coverage provided to these additional insureds is required by a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement, or permit to provide for these additional insureds. d. The insurance afforded to these additional insureds only applies to the extent permitted by law. (5)
Form SL 30 48 10 18 Page 1 of 1
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THE
HARTFORD
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
QUICK REFERENCE
A. COVERAGES
Business Liability
Medical Expenses
Coverage Extension - Supplementary Payments
B. EXCLUSIONS
C. WHO IS AN INSURED
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1, Bankruptcy
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
3. Legal Action Against Us
4. Separation Of Insureds
5. Representations
6. Other Insurance
7. Transfer Of Rights Of Recovery Against Others To Us
F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
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Form SL 00 00 10 18
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BUSINESS LIABILITY COVERAGE FORM
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered.
Throughout this Coverage Part the words "you" and "your" refer to the Named insured shown in the Declarations. The words "we", "us" and "bur" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation„ whichever is earlier, The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions.
A. COVERAGES
1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage'" or "personal and advertising injury" to which this insurance does not apply.
We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(a) The "bodily injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage territory";
(b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "'employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period, c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or
Form SL 00 00 10 18
© 2018, The Hartford
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(3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.
d. Damages because of "'bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if:
(a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and
(b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence".
2. Medical Expenses
Insuring Agreement
a. We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident, and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services.
3. Coverage Extension - Supplementary Payments
a. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds.
The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
(3)
(5)
Form SL 00 00 10 18
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
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(7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid. offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit". we will defend that indemnitee if all of the following conditions are met (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract":
(2) This insurance applies to such liability assumed by the insured:
(3) The obligation to defend. or the cost of the defense of, that indemnitee. has also been assumed by the insured in the same "insured contract":
(4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee;
(a) Agrees in writing to:
(i) Cooperate with us in the investigation, settlement or defense of the "suit":
(ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit";
(iii) Notify any other insurer whose coverage is available to the indemnitee: and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee: and
(b) Provides us with written authorization to:
(i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit" So long as the above conditions are met. attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions. such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
(1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above. or the terms of the agreement described in Paragraph (6) above. are no longer met.
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property: or
(2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury'.
Form SL 00 00 10 18 Page 3 of 22.
C: 20'13, The Hartford
(May include copyrighted material of Insurance Services Office, Inc.. with its permission)
THE
HARTFORD
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages because of:
(a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or
(b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided:
(i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and
(ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;
(3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or
(4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2), (3) or (4) above.
However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
Form SL 00 00 10 18 Page 4 of 22
OO 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THE
HARTFORD
This exclusion does not apply to liability assumed by the insured under an "insured contract".
Pollution
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to; (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for:
(i) Any insured; or
(ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to:
(i)
"Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage°' sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'.
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or
(b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".
Form SL 00 00 1018 Page 5 of 22
U 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
g.
However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand. order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority.
Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance. use or entrustment to others of any aircraft that is an "'unmanned aircraft". Use includes operation and "loading or unloading" This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or -property damage arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or '"property damage" arising out of the ownership, maintenance, use or entrustrnent to others of any aircraft (other than -unmanned aircraft"). "auto' or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".
This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than `unmanned aircraft"). "auto" or watercraft that is owned or operated by or rented or loaned to any insured.
This Exclusion g.(2) does not apply to:
(a) A watercraft while ashore on premises you own or rent:
(b) A watercraft you do not own that is:
(i) Less than 51 feet long: and
(ii) Not being used to carry persons or property for a charge:
(c) Parking an "auto" on, or on the ways next to, premises you own or rent. provided the "auto" is not owned by or rented or loaned to you or the insured;
(d) Liability assumed under any "insured contract" for the ownership. maintenance or use of aircraft (other than "unmanned aircraft") or watercraft;
(e) "Bodily injury" or "property damage" arising out of:
(i) The operation of any of the machinery or equipment listed in Paragraph L(2) or f.(3) of the definition of "mobile equipment": or
(ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or
An aircraft (other than "unmanned aircraft') that is not owned by any insured and is hired, chartered or loaned with a paid crew. Howeverthis exception does not apply if the insured has any other insurance for such "bodily injury." or "property damage", whether the other insurance is primary, excess, contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured: or
(2) The use of "mobile equipment-' in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity.
(f)
Form SL 00 00 10 18 Page 6 of 22
2018. The Hartford
(May include copyrighted materia[ of insurance Services Office. Inc., with its permission)
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i. War
"Bodily injury" "property damage" or "personal and advertising injury", however caused; arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents: or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
jj. Professional Services
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to:
(1) Legal. accounting or advertising services;
(2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical. surgical, dental. x-ray or nursing services, treatment, advice or instruction:
(5) Any health or therapeutic service treatment, advice or instruction:
(6) Any service. treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming:
(7) Optical or hearing aid services including the prescribing. preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any:
(a) Body piercing (not including ear piercing);
(b) Tattooing. including but not limited to the insertion of pigments into or under the skin; and (c) Similar services;
(10)Pharmaceutical services including but not limited to:
(a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers:
(11)Computer consulting, design or programming services, including web site design.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured. if the "bodily injury". "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages.
k. Damage To Property
„Property damage" to:
(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person. organization or entity. for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property:
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
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(3)
(4).
(5)
Properly loaned to you;
Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. if the "property damage" arises out of those operations: or
(6) That particular part cif any property that must be restored, repaired or replaced because "your work"' was incorrectly performed on it.
Paragraphs (1). (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you fora period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are ""your work" and were never occupied, rented or held for rental by you.
Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators.
Paragraphs (3). (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard".
I. Damage To Your Product
"Property damage" to 'your product" arising out of it or any part of it. m. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard".
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of:
(1) A defect. deficiency, inadequacy or dangerous condition in "'your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'your product"" or "'your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal. recall. inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral. written. electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18 Page 8 of 22
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(2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement";
(5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement";
(6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of:
(a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or
(b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply.
However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
a. Copyright;
b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or
c. Title of any literary or artistic work; or
(ii) Copying, in your "advertisement', a person's or organization's "advertising idea" or style of "advertisement".
Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is:
(a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of"personal and advertising injury" in Section F. Liability And Medical Expenses Definitions.
For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting;
(9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control;
(10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act.
However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act;
(12)Arising out of:
(a) Advertising content for others on your web site;
(b) Placing a link to a web site of others on your web site; Form SL00001018 Page9of22
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(c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text. graphics or images: or (d) Computer code, software or programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law;
(14)Arising out of the fluctuation in price or value of any stocks. bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information. including patents. trade secrets. processing methods, customer lists, financial information, credit card information health information or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses. public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information: or
(16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring. employment training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to.
(a) Infringement, in your "advertisement", of
(I) Copyright:
(ii) Slogan; or
(iii) Title of any literary or artistic work; or
(b) Copying. in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement".
Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability (1) Damages because of "bodily injury" or "property damage- arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information: or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access. or inability to manipulate "electronic data".
This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury".
r. Employment -Related Practices
"Bodily injury" or "personal and advertising injury" to:
(1) A person arising out of any
(a) Refusal to employ that person;
(b) Termination of that person's employment: or
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(c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline. defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person: or
(2) The spouse, child, parent, brother or sister of that person as a consequence of"bodily injury" or "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury -causing event described in Paragraphs (a), (b), or (c) above occurs before employment. during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard"
(2) Any damages, judgments, settlements, loss, costs or expenses that:
(a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard
(b) Arise out of any request. demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard or (c) Arise out of any claim or "suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard''.
t. Recording And Distribution of Material or Information In Violation of Law "Bodily injury", "property damage" or "'personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA)" including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal. collecting, recording, sending. transmitting. communicating or distribution of material or information.
Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured. except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured.
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c. Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws
To a person. whether or not an "employee" of any insured, if benefits for the "bodily injury"' are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests.
g
Products -Completed Operations Hazard
Included with the "products -completed operations hazard".
Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below. 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 theft duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
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 partnership, joint venture or limited liability 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; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.
If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage-" to property:
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(a) Owned. occupied or used by:
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees' "volunteer workers„ any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager
Any person (other than your "employee" or "volunteer worker"'), or any organization while acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. ci. Legal Representative If You Die
Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part.
The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form. other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50/0 of the voting stock. will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period. whichever is earlier; and b. Coverage under this provision does not apply to:
(1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
5. Operator Of Nonowned Watercraft
With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability.
However, no person or organization is an insured with respect to:
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a. 'Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability, company that is not shown as a Named Insured in the Declarations.
D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE
1. The Most We WiII Pay
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations.
This General Aggregate limit does not apply to "property damage' to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations.
The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner.
In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of:
a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section.
If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page14of22
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coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months.. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense
You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim
If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable.
You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The insured
You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity.
However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to:
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(1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation;
(5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity.
This Paragraph f. applies separately to you and any additional insured under this Coverage Part.
3. Legal action Against Us
No person or organization has a right under this Coverage Part:
a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.
4. Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought.
5. Representations
a. When You Accept This Policy
By accepting this Policy, you agree:
(1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards.
If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure.
6. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCiP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work";
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(2) Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft
if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions.
(5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
When You Add Others As An Additional insured To This Insurance That is other insurance available to an additional insured.
However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insureds own insurance, this insurance is primary and we will not seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insureds rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the lass in the absence of this insurance; and
(2) The total of all deductible and self -insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
(7)
Form SL 00 00 10 18 Rage 17 of 22
2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THE
HARTFORD
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
7. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.
F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement.
2. "Advertising idea" means any idea for an "advertisement".
3. "'Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
5. "Bodily injury" means physical:
a. Injury:
b. Sickness: or
c. Disease
sustained by a person and, if arising out of the above. mental anguish or death at any time,
6. "Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada:
b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above:
c, All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or
Form SL 00 00 10 18 Page 18 of 22
L'7 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THE
HARTFORD
(3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication.
provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to.
7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks.
CD-ROMs, tapes. drives. cells. data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data.
B. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document.
10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
11. "Impaired property"' means tangible property, other than your product" or "your work", that cannot be used or is less useful because:
a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement.
12. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement:.
c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality,
e. An elevator maintenance agreement; or
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury'" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing.
However. Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports. surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
Form Si_ 00 00 10 18 Page 19 of 22
2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".
14. "Loading or unloading" means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads„ b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
Air compressors, pumps and generators, including spraying. welding. building cleaning, geophysical exploration, lighting and well servicing equipment.
However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos".
16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
17. "Personal and advertising injurry" means injury, including consequential "bodily Injury", arising out of one or more of the following offenses:
(3)
Form SL 00 00 1018 Page 20 of 22
O 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor;
d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement".
18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
19. "Products -completed operations hazard";
a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed, (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" far consumption on premises you own or rent.
b. Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
20. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it.
As used in this definition, "electronic data"" is not tangible property.
21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent„ or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
Form SL 00 0010 18 Page 21 of 22
Q 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
WE
HARTFORD
22. 'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
23. "Unmanned aircraft" means an aircraft that is not:
a. Designed;
b. Manufactured; or
c. Modified after manufacture;
to be controlled directly by a person from within or on the aircraft.
24. 'Volunteer worker' means a person who:
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
25. "Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.
26. "Your work":
a. Means:
(1) Work or operations performed by you or on your' behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and
(2) The providing of or failure to provide warnings or instructions.
Form SL 00 00 10 18 Page22of22
O 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR
THIS FIRST AMENDMENT TO AGREEMENT OF PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon March 08, 2024 and between the CITY OF EAUMONT ("CITY"), a general law city, and Dopudja & Wells Consulting, a California Corporation, (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On December 7th 2023, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor ("Agreement") to provide Consulting Services.
AMENDMENT
Section 1. Term of Agreement in accordance with Section 1 of the Agreement, the parties agree to extend the term of the Agreement by two (2) years. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate on March 08, 2026 , unless earlier terminated by the parties in accordance with the Agreement or extended by the parties of the Agreement is hereby amended as follows: CONTRACTOR agrees to provide the services ("Services") as follows: Consulting ("Services") per Exhibit "A" and any other services which the City may request in writing. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Stephen Dopudja as CONTRACTOR's professional responsible for overseeing the Services provided by CONTRACTOR.
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR
SERVICES BY INDEPENDENT CONTRACTOR
CITY OF BEAUMONT
CITY:
CITY OF BEAUMONT
By
Eli .eth M. Gibbs, City Manager
Date:
(
�-t
CONTRACTOR:
By:
Print Name:
Title:
Date:
EXHIBIT "A"
PROPOSAL
Dopudja & Wells
consultin g
October 34, 2023
Ms. Elizabeth Glbba
aty Manager
Oty of Mannar
550 E 66 Strait
Beaumont CA 922U
SUBJECT: Proposal to Provide Senior Advisory Services for the Evaluation of Outside Sales of Recycled Water or Potential Transfers
Dear Ms. Gibbs,
Dopudja & Wells Consulting (Dopudja & Wells) understands that the City of Beaumont (City) is seeking support for implementing outside sales or the reuse of its recycled water. These activities are based upon recent discussions and exploration with the thy and adjacent agencies such as the Beaumont Cherry Valley Water District (BCVWD), the San Gorgonio Pass Water Agency (SGPWA), and the Morongo Band of Mission Indians (MBMi), to determine the highest and best use of the City's recycled water. Dopudja & Wells anticipates our engagement will be with senior City management staff and its City Council Water Subcommittee to provide strategic -level advice regarding the explored alternatives.
Dopudja & Wells has extensive experience in the type of services the City is exploring, We have advised and negotiated similar complex agreements with agencies such as:
• City of Rialto
• inland Empire Utility Agency
• South Coast EaterOistrict
• Irvine Ranch Water District
• Municipal Water Oistriet of Orange County
• Western Riverside County Regional Wastewater Authority o Western Municipal Water District
o Jurupa Community Services District
o Crtyof Norco
o City of Corona
o Home Gardens Sanitary District
• Calleguas Municipal Water District
o Beryiwood Heights Mutual Water Company
o Canirosa Water District
o City of Camarillo
o Crestview Mutual Water Company
o Pleasant Valley Mutual Water Company
o Solana Verde Mutual Water Company
o Ventura County Waterworks Distrkt#s. 1.8.17, 19 and 38 a Zone Mutual Water Company
6789 Quail Hill Pexkwoy, #421 • Irvine. CaHo1nia 92603
Ms. Elizoi h Gibbs
October 30, 2023
subsequent phase consisting of policy implementation and negotiations with potential partnering agencies or purchasers. Phase 1 will focus on the following major task areas:
Dopudja & Wells anticipates a high-level review of existing supporting documents provided by the City. These may lnciude supporting technical studies, notes from the facilitated process, existing agreements, and the proposed agreement with BCSMID. These documents Wll be reviewed to help with high-€evel strategic advisement and policy development. We will not review existing documents for technical accuracy or legal opinion.
Task 1 Summary. Mere are no deliverables for this task Information taken from the review will be used as a basis for the subsequent tasks.
T:hs4 *, inr net ar�v. r ,r:�ith r era dill -Prv4 rn!tn,.si e.,r ^r�m°Ytl�tr*:. !�A .•rh *W Based upon initial discussions with the City Staff, Dopudja & Wells has prepared a preliminary list of prospective issues requiring resolution forthe Crty's recycled water options. These Include:
• Recycled Water Availability
• Potential In -plant Usages
• Flows required for River Discharge
• Opportunities for Outside Sales/Cooperative Agreements • Cost -Benefits of Required Infrastructure
• overall Value of the Effluent
Task 2 may involve contacting designated representatives of BCVWD, SGPWA, or MBMI to validate particular Issues and ascertain if there are additional Issues or concerns that may need to be addressed. For budgeting purposes, Dopudja & Wells arrtticipates scheduling one -hour individual virtual interviews each with RCVWA D, SGPWA or MRMI.
From information gathered in the Interviews, art updated issue list will be delivered to the City and reviewed with the City Council Water Subcommittee for completeness and consensus.
Task 2 Summary: Deliverable for this task is a vetted comp &ues list to be addressed In subsequent tasks. This task fmlurks three two-hour virtual meetings with the City staff and/or Coundl Subcommittee members. Far budgeting purposes,. Oopudfa el Wells hos also Included three Individual one -hour virtual meetings each with BCWIi7. NOWA and ME MI.
Task 3. Evaluatinnn of Recvcled Water Availability and Conceptual Infrastructure Rec tiirernents Using the data provided in Task 1 and Task 2. Dopudja & Wells will develop reconciled protections for recycled water availability. The projections will include near -term (next five years), 2.033, and ultimate values, 6789 mil Hill Parkway, #421 • irvine, California 926O
Ms. Elizabeth Gbbs
October 30, 2023
Dopudja & Wells will develop a conceptual layout for the required recycled water infrastructure for each of the three service options to BCVWD. SGPWA, and MBMI. The conceptual layout will be based upon previous efforts to the extent possible and updated where appro artate.
Task 3 Summary: Recycled water avaliability and conceptual Infrastructure projections will be developed in figure and table forrmat. The figures and tables will be integrated into the memorandum described in Task 5
Task 4 Cost Benefit .I rvl
Following the conceptual layouts. Dopudja & Wells will evaluate the cost and benefits of the proposed Infrastructure alteratives with the preliminary water reuse policy that is being developed. The Cost Benefit Analysis will help wide the discussions regarding the highest and best use of the City's treated effluent. Cost projections are anticipated to be at the conceptual level in terms of dollars invested compared to acre-feet of yield. Industry standard cost assumptions will be used where no specific data is available for the City's options.
Task 4 Summary: Cast Benefit Analysts in figure and table lormat will be provided for review and comment by City staff ond/ar Council Subcommittee members.
Task S. Policy Formation and Recommendations
Upon the conclusion of Tasks 1 through 4, Dopudja and Wells will prepare a Draft Policy Memorandum for the City that outlines a policy recommendation and potential paths forward. Dopudja & Wells will conduct a virtual call to present the Draft Policy Memorandum and recommendations to City staff and the City Council Water Subcommittee, Comments will be received and integrated into a Final Policy Memorandum.
Task 5 Summary: Draft Policy Memorandum and Final Policy Memorandum will be developed and delivered to the Qty. A one -hoar virtual meeting to review the Draft Policy Memorandum is included In this task
Task 6. Project Manag
Project control activities include coordination of project activities with City staff, management of Internal project support team, monitoring of schedule and budget, and Internal review of work products (QA/QC'j. 6789 Quail r- Parkway. #421 • Irvine, California 92603
Ms. EIiabe n Gibbs
Octabec 30, 2023
Poge 5
Proposed Fee,. Schedule and Hourly Rites
The tasks in the Phase 1. Scope of Work desalbed above will be performed on a time and materials basis, with the total fee not to exceed $77,460, without prior authorization. The proposed budget Is for the entire engagement and aII or part of the budget may be shifted by Dopudja & Wells among tasks as the project progresses.
Because we do not have a detailed list of documents, nor have those documents in our possession at the time of this proposal, we are estimating our effort will take approximately two to three months from the notice to proceed.
Table 1 below outlines the proposed not -to -exceed contract amount to provide as -needed support for the aforementioned tasks. Hourly rates for consultant support are shown In Table 2. it is our understanding that the work will be conducted principally by Dopudja & Welts' Principal, Stephen Dopudja, with support born Paul D.
Jones II, F. E., Jon Wells, P.E, and Jason Pnrovaroff, PL on an as -needed basis.
Table 1- Foes for Services
1.;;Pr t ,I. i ours
F i)
1 Review Existing Supporting Documents
2 interviews with City Staff and Council Subcommittee Members 3 Evaluation of Recycled W tcrAvailabifity end CuncepTusl Infrastructure 4 f Cot Benefit Analysts
S Poffey Formation and Recarr endadrons
Project Management
Expenses — Mties$e (assumes up to Three In -person meetings at the City) 24 72
48 18
24 As9eded
$8;040
$24,120 j
$14,030
$5,360
$57,244
$B4O40
Total Amount $74,1380
Mote; Any reimbursable expenses will be billed on a cost picas Millais. rllais. Mileage will be pilled at the current IRS rate.
Table 2 - Ifouiy Rain
1tOLrfvR1Tfi{Si
PrIncipatt enior Advisor
Fruieet Manager/Senior Engineer
Senior Administrative
$355
$316
$445
6789 Quail Mil Parkway, #421 • irvine, California 92603
Ms. Elizabeth Gibbs
October 30, 2023
Page G
We look forward to working with the City of Beaumont on this important project. Please do not hesitate to contact Stephen Dopudja at tj*tai 3i ,uu awelig.t., or at 949-842-4370 if there are arry questions_ Sincerely,
Dopudja & Wells Consulting
Stephen Dopudja, P.E.
President
R.C.E. 65187
6789 Quail Hill Parkway, #421 • Irvine, Cai'ifamia 92603
EXHIBIT "B"
CERTIFICATES OF INSURANCE
Acc' Rltf CERTIFICATE OF LIABILITY INSURANCE
kiii.l
DATE{MMIDDIYYYYI
2/29/2O24
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Venbrook Insurance Services
16815 Von Karmen Avenue
Suite 180
Irvine, CA 92606
www.venbrmok.com CA Lie No. OD8O832
CONTACT
NAME; Daniel Goodrich
PHONE
Q Ext). 818-59& 89U8 FAX, FAX
I
E-MAIL
ADDRESS: [email protected]
INSURER(SIAFFORDING COVERAGE
NAIC#
INSURERA: Sentinel Insurance Company,_ Ltd.
11OOO
INSURED
Dopudja & Wells Consulting
18721 Cottonwood Street
Fountain Valley CA 92708
INSURER a: Redwood Fire and Casualty Insurance Co
11673
INSURER c: Hartford Casualty Insurance Company
29424
INSURER D: Landmark American Insurance Company
33138
INSURER E : _
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 788726O
REVISION N
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
L•R
TYPE OF INSURANCE
ADDL SUER
INSD 4YV0
POLICY NUMBER
POLICY EFF
IMM1001YYYYI
POLICY EXP
IMM1D0rYYYY1
LIMITS
A
i
COMMERCIAL GENERAL LIABILITY
N/
72SBABD9478
2/22/2O24
2/22/2O25
EACH OCCURRENCE
$ 51, 000,000
CLAWS -MADE 7
OCCUR
DAMAGE TO RENTS0
PREMISES (Ea occurrence)
t$$1,OOO,OOO
Deductible "none"
MED EXP (Any one person)
$ $10,000
PERSONAL & ADV INJURY
$ $1,000,000
GE
1 'L AGGREGATE
POLICY
OTHER:
LIMIT APPLIES PER:
GENERAL AGGREGATE
$ $2,000,000
PRODUCTS -COMP/OPAGG
$$2,OOODD
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A
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AUTOMOOSJELIABILrrr
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ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
1 t(
S
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
01APM041046-01
11/1O12O23
COMBINEDISINGLEUMIT
i
$$1,t}OO,OOO
BODILY INJURY (Par person)
$ $5,000
11/1O/2024
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
+Per accident)
$
$
UMBRELLA LIA5
EXCESS LIRB
I OCCUR
CLAIMS -MADE
I EACH OCCURRENCE
AGGREGATE
$
DED
RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
OF ICER ME BCEERREXCLUDED CIIrIVE
(Mendalory In NN)
if es, descrbe under
DESCRIPTION OF OPERATIONS below
N►A
72WECAK4WEK
2!2212O24
2/22/2O25
y/ PER
STATUTE
EAR
E L. EACH ACCIDENT
$ $1,000,000
E.L. DISEASE - EA EMPLOYEE $ $11.00,00)
E.L. DISEASE - POLICY LIMIT $ $1.000,000
O
Professional Liability Ded. $5,000
rr
LHR855959
2/2/2O24
2/2/2O25
$2,000,000/$2,000,000 EachClaim/Aggregate
DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) City of Beaumont Agreement #C23-129
City of Beaumont and CITY, its officials, employees and agents are Additional Insured with regard to General Liability, Auto Liability and Professional Liability when required by written contract per form issued by carrier.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beamont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Daniel Goodrich
a 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD nalfitapElltlEThelats4gisNkti marks of ACORD 78872801 1 77241 12024 GL, 8A, WC, PL I Daniel Goodrich l 2/29/2024 11.09m32 AM (PST) I Page 1 of 7
2BBABD9478
opudja & Wells Consulting
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed,
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain 'financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"'
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f, below are additional
insureds when you have agreed, in a written
78872891
Form SS 00 08 04 05 Page 1745 of 1772
77241 1 2924 GL, BA, WC, PL I Daniel Goodrich 1 2/29/2024 1109:32 AM (PST} I Fade 2 of 7
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.
VF.]LYUI ICII HUUILIUI1dI ii ibureu S..+UvefW3yu .
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement:
(b) Any express warranty
unauthorized by you;
Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(c)
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labelled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees ar anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f), or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for 'bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
(g)
78872861 1 772.1 1 2024 GT, Bk. WC, PL, I Daniel GoodriOh 1 2/29/242+, =7;09:32 Al (PST} I Page 3 of 7
Form SS00080405
)opudja & Wells Consulting
BUS{NESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury'
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision,
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed. in a written
'&67289=
Form SS 00 08 04 05
77241 1 2924 GI, AA, WC, PL i Daniel Goodrich V 2/29/2024 11:09:32 AM (PST} I Page 4
of 7
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a)
"Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration. testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e)
Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(g)
(i)
(ii)
The exceptions contained in
Subparagraphs (d) or (f); or
Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury" "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
78872801 1 77241 1 2024 GL, DA, WC, PL I Daniel Goodrich 1 2/29/2024 11,09:32 AM (PST) II Page S of 7 Form SS 00 08 04 05
)opudja & Wells Consulting
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a)
Primary Insurance
Required By Contract
When
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with al! that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
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.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part. those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them, This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS pU 08 04 05 Page 1749 of 1772
76&72801 I 7724a 1 2024 G%.. RA. WC. PL I Daniel Goodrich 12/29/2024 11,05:32 AM (PST) I Pane 6 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEC AK4WEK Endorsement Number: 002
Effective Date: 02/22/24 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Dopudja & Wells Consulting
18721 COTTONWOOD ST
FOUNTAIN VALLEY CA 92708
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 01130/24 Page 1750 of 1772
78872801 d 77211 1 2024 GL. BA.. WC, DL f Daniel Goodrich 12/29/2024 11:09:32 AM IPSt1 I Page 7 of 7 Policy Expiration Date: 02/22125
City of Beaumont Agreement #
C23-129
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 7th day of December 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Dopudja & Wells Consulting, a California Corporation, whose address is 6789 Quail Hill Parkway, #421, Irvine, CA 92603 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide senior advisory services for the evaluation of outside sales of recycled water or potential transfer; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) month (s) unless extended by the parties.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Senior advisory services for the evaluation of outside sales of recycled water or potential transfers per Exhibit "A". All Services shall be performed in the manner and according to the timefrarne set forth in the Proposal. CONTRACTOR designates Stephen Dopudja as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CON FRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
1
City of Beaumont Agreement #
C23-129
4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Seventy -Four Thousand, Eight Hundred and Eighty Dollars and Zero Cents ($74,880.00).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR 1
City of Beaumont Agreement #
C23-129
shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health
City of Beaumont Agreement #
C23-129
and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person,
6.03 Workers' Compensation coverage for any of CONTRACTOR' s employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions prtaining to Insurance Coverage
7.01. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.02. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.03 Self-insurance does not comply with these insurance specifications. 4
City of Beaumont Agreement #
C23-129
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CON TRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.04 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.
7.05 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification
8.41 Indemnification by CONTRACTOR: CONTRACTOR shall indemnify and hold harmless CITY, and CITY's officers, directors, members, partners, agents, and employees, subconsultants, and subcontractors from any claims, actions, judgements, expenses, costs, losses, and damages (including reasonable attorneys' fees) to the proportional extent they result from any negligent act, error, or omission while performing Services under this Agreement on the part of CONTRACTOR or CONTRACTOR's officers, directors, members, partners, agents, employees, subconsultants or subcontractors in the performance of or failure to perform CONTRACTOR's obligations under this Agreement, excepting those to the extent they are due to CITY's negligence, recklessness or willful misconduct.
8.02 Indemnification by CITY: CITY shall indemnify and hold harmless CONTRACTOR, and CONTRACTOR's officers, directors, members, partners, agents, employees, subconsultants, and subcontractors, from any claims, actions, judgments, expenses, costs, losses, and damages (including reasonable attorneys' fees) to the proportional extent they result from any negligent act, error, or omission by the City arising out of or relating to the projectlmatter, and so long as they are not the result of CONTRACTOR's Services or any negligent act, error, or omission on the part of CONTRACTOR or CONTRACTOR's officers, directors, members, partners, agents, employees, subcontractors, or subconsultants.
9. Additional Services. Chanties and Deletions.
9.41 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 5
City of Beaumont Agreement #
C23-129
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
14.41 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit ofCONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR. shall regularly confer with CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents: Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or 6
City of Beaumont Agreement
C23-129
nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled,
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any 7
City of Beaumont Agreement #
C23-129
litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees, CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. 8
City of Beaumont Agreement #
C23-129
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BEAUMONT Dopudja & Wells Consulting
:_jcxabeak:rik By:
Eli,zabe Gibbs, City Manager Stephen Dopudja
Print Name: 1' P
Title. President/CEO
cJ
City of Beaumont Agreement #
C23-129
EXHIBIT "A"
PROPOSAL
(insert behind this page)
Dopudja & Wells
c o n s u i t I n g
October 30, 2023
Ms. Elizabeth Gibbs
City Manager
City of Beaumont
550 E. 6`" Street
Beaumont, CA92223
SUBJECT: Proposal to Provide Senior Advisory Services for the Evaluation of Outside Sales of Recycled Water or Potential Transfers
Dear Ms. Gibbs,
Dopudja & Wells Consulting (Dopudja & Wells) understands that the City of Beaumont (City) is seeking support for implementing outside sales or the reuse of its recycled water. These activities are based upon recent discussions and exploration with the City and adjacent agencies such as the Beaumont Cherry Valley Water District (BCVWD), the San Gorgonio Pass Water Agency (SGPWA), and the Morongo Band of Mission Indians (MBMQ), to determine the highest and best use of the City's recycled water. Dopudja & Wells anticipates our engagement uvill be with senior City management staff and its City Council Water Subcommittee to provide strategic -level advice regarding the explored alternatives.
Dopudja & Wells has extensive experience in the type of services the City is exploring. We have advised and negotiated similar complexagreements with agencies such as:
• City of Rialto
• inland Empire Utility Agency
• South Coast Eater District
• irvine Ranch Water District
• Municipal Water District of Orange County
• Western Riverside County Regional Wastewater Authority o Western Municipal Water District
o Jurupa Cornmunity Services District
o City of !Norco
a City of Corona
o Home Gardens Sanitary District
• Calleguas Municipal Water District
o Berylwood Heights Mutual Water Company
o Camrosa Water District
o City of Camarillo
o Cxestvlew Mutual Water Company
a Pleasant Valley Mutual Water Company
• Solana Verde Mutual Water Company
o Ventura County Waterworks District Ifs. 1, 8, 17, 19 and 38 o Zone Mutual Water Company
6789 Quail Hill Parieway, #421 • Irvine. Colltunki 92603
Ms, Elizabeth Gibbs
October 30, 2023
subsequent phase consisting of policy implementation and negotiations with potential partnering agencies or purchasers, Phase 1 will focus on the following major task areas:
Dopudie & Wells anticipates a high-level review of existing supporting documents provided by the City. These may include supporting technical studies, notes from the facilitated process, existing agreements, and the proposed agreement with BCVWD. These documents will be reviewed to help with high-level strategic advisement and policy development. We will not review existing documents far technical accuracy or legal opinion.
Task 1 Summary: There are no deliverables for this task information taken from the review will be used as a basis for the subsequent tasks.
Task 2. Interviews with City Staff and Council Subcommittee Members Based upon initial discussions with the City Staff, Dopudja & Wells has prepared a preliminary list of prospective Issues requiring resolution for the City's recycled water options. These Include:
s Recycled Water Availability
• Potential In -plant Usages
• Flaws required for River Discharge
• Opportunities for Outside Sales/Cooperative Agreements • Cost -Benefits of Required Infrastructure
• Overall Value of the Effluent
Task 2 may irwoive contacting designated representatives of BCVWD, SGPWA, or MBMI to validate particular issues and ascertain if there are additional issues or concerns that may need to be addressed. For budgeting purposes, Dopudja & Wells anticipates scheduling one -hour individual virtual interviews each with BCVWD, SGPWA or MBML
From Information gathered in the interviews, an updated issue list will be delivered to the City and reviewed with the City Council Water Subcommittee for completeness and consensus.
Task 2 Summary: Deliverable for this task is a vetted comprehensive issues list to be addressed in subsequent tasks. This task indudes three two-hour virtual meetings with the City staff and/or Council Subcommittee members. For budgeting purposes, Dopudja & Wells has also induded three individual one -hour virtual meetings each with BCVWD, SGPWA and &IBM .
Task 3. Evaluation of Recycled Water Availability and Conceptual Infrastructure Requirements Using the data provided in Task 1 and Task 2, Dopudja & Wells will develop reconciled projections for recycled water availability. The projections will include near -term (next five years), 2033, and ultimate values,. 6789 Quail Hill Parkway, #421 • fivine, Califon*: 92
Ms, Elizabeth Gibbs
October 30, 2023
Dopudja & Wells will develop a conceptual layout for the required recycled water infrastructure for each of the three service options to BCVWD, SGPWA, and MBMI. The conceptual layout will be based upon previous efforts to the extent possible and updated where appropriate.
Task 3 Summary: Recycled water availability and conceptual infrastructure projections will be developed in figure and table format. The figures and tables will be integrated into the memorandum described in Task 5.
Task 4. Cost Benefit Anaivr,fr
Following the conceptual layouts, Dopudja & Wells will evaluate the cast and benefits of the proposed infrastructure alternatives with the preliminary water reuse policy that Is being developed. The Cost Benefit Analysis will help guide the discussions regarding the highest and best use of the City's treated effluent. Cost projections are anticipated to be at the conceptual level in terms of dollars invested compared to Here -feet of yield. Industry standard cost assumptions will be used where no specific data is available for the City's options.
Task 4 Summary: Cost Benefit Analysis in figure and table format will be provided far review and comment by City staff and/or Council Subcommittee members.
Task S. Policy Formation and Recommendations
Upon the conclusion of Tasks 1. through 4, Dopudja and Wells will prepare a Draft Policy Memorandum for the City that autllnes a policy recommendat€on and potential paths forward. Doped}a &Wells will conduct a virtual call to present the Draft Policy Memorandum and recommendations to City staff and the City Council Water Subcommittee. Comments will be received and integrated Into a Final Policy Memorandum.
Task 5 Summary: Draft Policy Memorandum and Final Policy Memorandum will be developed and delivered to the City. A one -hour virtual meeting to review the Draft Policy Memorandum is included in this task
Project control activities include coordination of project activities with City staff, management of Internal protect support team, monitoring of schedule and budget, and internal review of work products (QA/QC). 6789 Quail Hill Pariauay, #421 • Irvine, California 92603
Ms. Ezabeiti Gibbs
October 30. 2023
Proposed Fee, Schedule and Hourly Rater
The tasks in the Phase 1 Scope of Work described above will be performed on a time and materials basis, with the total fee not to exceed $77,460, without prior authorization. The proposed budget is far the entire engagement and all or part of the budget may be shifted by Dopudja & Wefts among tasks as the project progresses.
Because we do not have a detailed list of documents, nor have those documents In our possession at the time of this proposal, we are estimating our effort will take approximately two to three months from the notice to proceed.
Table 1 below outlines the proposed not -to -exceed contract amount to provide as -needed support for the aforementioned tasks. Hourly rates for consultant support are shown in Table 2. It is our understanding that the work will be conducted principally by Dopudja & Wells' Principal, Stephen Dopudja, with support from Paul D.
Jones II, P.E., Ion Wells, P.E. and Jason Pivovaraff, P.E. on an as -needed basis.
Table 1- Faas for Se=rvices
Tasks
DcscriptiQ*n
Estimated Hours
A'i.a:foot iS)
1 Review Existing Supporting Documents
24 $x,040
2 interviews with Cky Staff and Courual Snbrxarirrt;tfea Members 12 $24,120
3 Evah. acorn of Recycled Water Availability and Conceptual Infrastructure 4B
$14.080
4 Cost Ranee Analysis
1 16
$6,360
6 Poi"iiey Fon, tian and Racommandakons
66 $17,240
6 Prefect Management
24 $6,040
. Expanses — Nil#eege (assumes up t4 tate In -person meetrrga at the City) As -needed
$,200
Total Amount l
$74,680
Note: Any reimbursable expenses will be billed on a cost plus 10% basis. Mileage wilt ne willed at the current IRS rate.
Table 2 - Hourly Rates
Staff Description Hourly Rate (;)
PtincipaLSenior Advisor
Project ManagenSsnior Engineer
Senior Mrninetraiiva
$355
$315
$445
6789 Quail MIN Parkway, #421 • Irvine, California 92603
Ms. Elizabeth Gibbs
October 30, 2023
We look forward to working with the City of Beaumont on this important project. Please do not hesitate to contact Stephen Dopudja at steohen.ha [email protected] or at 949-842-4370 if there are any questions.
Sincerely,
Dopudja & Wells Consulting
Stephen Dopudja, P.E.
President
R.C.E. 65187
6789 Quail FBI Parkway, #421 • Irvine, California 92603
City of Beaumont Agreement #
C23-129
EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
ACC)R� CERTIFICATE OF LIABILITY INSURANCE
DATE (MIVODNYYYj
12/11/2023
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 pollcy('ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER.
Venbrook Insurance Services
16815 Von Korman Avenue
Suite 180
Irvine, CA 92606
www.venbrook.com CA Lic No. 0D80832
CONTACT
NAME: Von brook OC Cart Desk
PHONE FAX
{Ale No Exu: (949) 652-6321 (Arc. No): 1 949 1 652-3980 E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC a
INSURER A: Sentinel Insurance Company, Ltd.
11000
INSURED
Do udja & Wells Consulting
18721 Cottonwood Street
Fountain Valley CA 92708
1NsuRER s : Sentinel Insurance Company, Ltd.
11000
INSURER c: Hartford Casualty Insurance Company
29424
INSURER D: Landmark American Insurance Company
33138
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 7752,348
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE
LTR
ADOL
iNSD
SUER
wvD POLICY NUMBER
POLICY EFF
{MMIDDIYYYYI
POLICY EXP
II lDDlYYYYI
LiMIT3
A
,/
COMMERCIAL GENERAL LIABILITY
i
72SBABD9478
2/22/2023
2/22/2024
EACH OCCURRENCE $$1,000.000
CLAIMS -MADE
1 I OCCUR
DAMAGE TO RENTED
PREMISES eEaoccurrencel b$1,000,000
I
Deductible "none"
MED EXP (Any one person)
$ $10,000
PERSONAL S ADV INJURY
$ $1,000,000
GENt
✓
AGGREGATE LIMIT APPLIES PER
POLICY JEc n LOC
OTHER:
GENERAL AGGREGATE
s $2,000,000
PRODUCTS • COMP/OP AGG
I $2,000 000
$
co co
AUTOMOBILE
✓
,/
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY �
Deductible "none
SCHEDULED
AUTOS
AUTOS ONLY
,/ COMBINED
72SBABD9478
NON -OWNED PROPERTY DAMAGE $
2/22/2023
COMBINED SINGLE LIMIT
accident,
$ $1,000,000
BODILY INJURY (Per person)
$
212212024
BODILY INJURY (Per accident)
$
'yet accident)
UMBRELLA LIAR
EXCESS LIAR
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
s
AGGREGATE
S
17ED _ RETENTION $
5 C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBEREXCLUDED7
(Mandatory In NN)
ii yes, describe under
DESCRIPTION OF OPERATIONS below
Y 1 N
©
N 1A
72WECAK4WEK
2/22/2023
2/22/2024
/ PER
OET
E.L. EACH ACCIDENT
s$1,000,000
E.L. DISEASE - EA EMPLOYEE
$ $ 1 000 p0D
E.L. DISEASE - POLICY LIMIT
$ $1.000.000
D
Professional Liability Ded. $5,000
j
LHR845254
2/2/2023
2/2/2024
$2,000,000/$2,000,000 EachClalm/Aggregate
DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Beaumont Agreement #C23-129
City of Beaumont and CITY, its officials, employees and agents are Additional Insured with regard to General Liability, Auto Liability and Professional Liability when required by written contract per form issued by carrier.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beamont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Jeffrey Lang
tiD 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 775253+18 IE 77241 I 2023 GL A WC PL I Daniel Goodrich I 12/11/2023 1e i i i m 772E This certificate cancels and supersedes ALL previously iss3�e t i e
728BABD9L78
Dopudja & Wells Consulting
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
'volunteer worker"), or any organization
while acting as your real estate manager,
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability,
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by.
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05
77525348 1 77241 l 262.3 GL A WC ?I, 1 Daniel Goodrich 12/11/2623 This certificate cancels and supersedes ALL previously i s .e�
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However. no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing;
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(c)
(e) Any failure to make such
inspections, adjustments. tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration; installation.
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into. accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment, but only
with respect to their liability for "bodily
injury' "property damage" or
"personal and advertising injury"
caused, in whole or in part. by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
7752534E 77241 I 2©"23 GL A WC FL I Daniel Goodrich I 12/11/21723 12:i :�"�. of I�591QLy� This cer i£icate cancer and supersedes ALL previously issued certificates.
Dopudja & Web Consulting
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
P roperty
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) 'Personal and advertising injury'
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision_
6. Additional insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form ;35 80 t]8 04DS ge i7
77$25348 77241 2023 !I. 71 A WC I. Da
niel C4a[$sGoodrich 12r 11/'2 C23 1P1a. X79 )of n j_?215 This certificate cancels and supersedes ALL previously issued certificates.
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages..
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(c)
(e)
Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury' or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i)
The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury" "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
77525.34E j 77241 j 2023 GL A WC PL I Daniel Go oarsen I 12/11/2023 Lip„agia.17Z1 ioLu177r2 This certificate cancels and supersedes ALL previously issuca ertiticates.
Dopudja & Wells Consulting
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
(7)
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a)
Primary Insurance
Required By Contract
When
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary_ If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends. we will undertake to do
so, but we will be entitled to the insured's
rights against ail those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
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.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS o a P
L 0s 04 05 ge 177 � gf��1y772. E
3775.25248 77241 3.L 2023 A NC eL 17a:+ieY C,49dsiGh I 12 11,'0 '.' dl 2 This certificate cancels and supersedes ALL previously issueM certifise::es-
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BEAUMONT
CALIFORNIA
Billboard
Survey
Result
March 3, 2026
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Overview
Support for Billboards
Generating Revenue
• very Supportive
• Sonewhat Supportive
• Neutrd/Unsure
• Son'ewhat Opposed
• Strongly Opposed
Support for Billboards Providing Space
for Community Messaging
• very Supportive
• Somewhat Supportive
• Neutrd/Unsure
• Somewhat opposed
• Strongly Opposed
Overall Opinions
on Billboard Replacement
Percentages
40%
35%
30%
25%
20%
15%
10%
5%
0%
35%
Replace existing, older
billbocrds only
32%
Replace billbocrds and
slightly expcnd messaging
options
9%
22%
Indifferent / Not Sure Do not replace or modernize
billbocrds
List of Opinions
Primary Respondent Concerns
Percentages
60%
50%
40%
30%
20%
10%
0%
54%
Location necr
neighborhoods
53%
48%
45%
29%
19%
Brightness Driving Distractions Visud Clutter Energy Uscge No Concerns List of Concerns
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BEAUMONT
CALIFORNIA
Thank You
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