PROFESSIONAL SERVICES AGREEMENT
CITY OF FORTUNA
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on August 18, 2026, between the City of Fortuna, a California municipality (“City”), and Serviam by Wright (“Consultant”).
1. Scope of Services. Consultant shall provide to City the professional services described in the Scope of Services, attached hereto as Attachment A and incorporated herein (the “Services”). Only the City’s governing body or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
Any such authorization shall be in writing and signed by the parties to be effective.
2. Term. This Agreement shall become effective on August 18, 2026 and shall continue in effect until the Services are completed, unless terminated sooner in accordance with Section 12 of this Agreement. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City shall compensate Consultant on a Time and Materials as needed basis as described in Attachment B.
4. Prevailing Wage Laws. Services by persons deemed to be employees of Consultant possibly may be subject to prevailing wages under California Labor Code Sections 1770-1781. Consultant has the sole responsibility to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs, Consultant, at its expense, shall indemnify, defend (including Consultant’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, wages, costs, or expenses pertaining to the prevailing wage laws.
5. Payment. City shall pay Consultant for services satisfactorily provided during each calendar month within thirty (30) days following City receipt and approval of a detailed invoice. Amounts unpaid 30 days after receipt of the invoice shall bear interest from the date payment is due at the rate of ten percent (10%) per annum until paid. The invoice must include, at a minimum:
5.1 A description of the specific Services provided,
5.2 the name of the individual providing the Services,
5.3 the date(s) upon which the Services were provided,
5.4 the time spent providing the Services,
5.5 the amount due for the Services and the basis for calculating the amount due, and
5.6 an itemized summary of Allowable Reimbursable Expenses.
PROFESSIONAL SERVICES AGREEMENT
6. Independent Contractor.
6.1 Consultant understands and acknowledges that Consultant is an independent contractor, not an employee, partner, agent, or principal of City. This Agreement does not create a partnership, joint venture, association, or employeremployee relationship between the Parties. At its own expense, Consultant is responsible for providing compensation; employment benefits; disability, unemployment, and other insurance; workers’ compensation; training; permits and licenses; and office space for Consultant and for Consultant’s employees and Subconsultants. Consultant has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom Consultant uses in performing the Services under this Agreement. Consultant shall provide the Services in Consultant’s own manner and method, except as this Agreement specifies. Consultant shall treat a provision in Consultant Agreement that may appear either to give City the right to direct Consultant as to the details of doing the work, or to exercise a measure of control over the work, as giving Consultant direction only as to the work’s end result.
6.2 Consultant shall indemnify, defend (including Consultant’s providing and paying for legal counsel for City), and hold harmless City for any obligation; claim; suit; demand for tax or retirement contribution, including any contribution or payment to the Public Employees Retirement System (PERS); social security; salary or wages; overtime, penalty, or interest payment; or workers' compensation payment that City may be required to make on behalf of Consultant, an employee of Consultant, or any employee of Consultant construed to be an employee of City, for the work done under this Agreement.
7. Consultant’s Warranties.
7.1 Consultant warrants that all Services provided under this Agreement shall be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the state.
7.2 Consultant warrants that all Services provided under this Agreement shall be performed in accordance with applicable federal, state, and local laws and regulations.
7.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
7.4 Consultant represents and warrants that it is now, and will remain for the duration of its Services, properly licensed, qualified, experienced, and equipped to perform the Services.
7.5 Consultant possesses the competence, experience, expertise, skill, facilities, equipment, personnel, financial wherewithal, and other resources
PROFESSIONAL SERVICES AGREEMENT
necessary to perform this Agreement and the Services in a professional and competent manner.
7.6 Consultant represents and warrants that the Services and the sale or use of the Services shall not infringe, directly or indirectly, on any valid patent, copyright or trademark, and Consultant shall, at Consultant 's sole cost and expense, indemnify, defend and hold harmless the City from and against any and all claims and causes of action based on alleged or actual infringements thereof.
7.7 These warranties shall survive the expiration or termination of this Agreement, and are in addition to any warranties provided by law. No payment to Consultant for any Services performed hereunder (including, without limitation, final payment) shall constitute a waiver of any Claims by the City against Consultant relating to the Services.
7.8 Consultant shall comply with the City of Fortuna Lake Conflict of Interest Code and the California Political Reform Act and applicable regulations promulgated by the Fair Political Practices Commission.
8. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a .pdf (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows:
City: City of Fortuna
Attn: City Manager
P.O. Box 545
Fortuna, CA 95540
Phone: (707) 725-1410
Email: [email protected]
Consultant: Serviam by Wright
3 Corporate Park, Ste 100
Irvine, CA 92606
9. Indemnity.
9.1 General. For purposes of the following indemnification provisions, the phrases “design professional” and “design professional services” shall have the same meaning as set forth in California Civil Code section 2782.8. If any term, provision or application of this Section 9 is found to be invalid, in violation of public policy or unenforceable to any extent, such finding shall not invalidate any other term or provision of this Section 9 and such other terms and provisions shall continue in full force and effect. If there is any conflict between the terms, provisions or application of this Section
PROFESSIONAL SERVICES AGREEMENT
9 and the provisions of California Civil Code Sections 2782 or 2782.8, the broadest indemnity protection for the District under this Section 9 that is permitted by law shall be provided by Consultant.
9.2 Indemnification for Design Professional Services Claims. Consultant shall indemnify, defend and hold harmless the District, its governing board, directors, officers, employees, and agents against any claims that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its employees, subcontractors, and agents in the performance of design professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or willful misconduct of District, or defect in a design furnished by District, but in no event shall the amount of such Consultant’s liability exceed such Consultant’s proportionate percentage of fault as determined by a court, arbitrator or mediator, or as set out in a settlement agreement. In the event one (1) or more defendants to any action involving such claim or claims against District is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with the other parties to such action regarding unpaid defense costs. Notwithstanding the foregoing, for any direct claims initiated by the District exclusively against Consultant unrelated to, and without limitation on, Consultant’s indemnity or defense obligations for third-party claims, Consultant will not be obligated to provide the District a defense for the direct claim but, in the event the District prevails in such direct claim, Consultant shall be subject to Section 15.13, below, concerning the the reimbursement of its reasonable attorneys’ fees and court costs.
9.3 Indemnification for All Other Claims or Loss. For any claim, loss, injury, damage, expense or liability other than claims arising out of Consultant’s performance of design professional services under this Agreement (e.g., those types of claims usually covered by general liability insurance or automotive liability insurance), Consultant shall indemnify, defend and hold harmless District, its governing board, directors, officers, employees, and agents against any claim for loss, injury, damage, expense or liability resulting from or alleging injury to or death of any person or loss of use of or damage to property, arising from or related to the performance of services under this Agreement by Consultant, its employees, subcontractors, or agents, excepting only liability arising from the sole negligence, active negligence or willful misconduct of District, or defect in a design furnished by District.
9.4 Indemnification Not Limited by Availability of Insurance; Survival. The obligations set forth in this Section 9 (including, without limitation, the indemnification and defense obligations) are not limited by any limitation on the amount, coverage or type of damages available under any applicable insurance policy held by Consultant and shall survive the expiration or early termination of this Agreement with respect to any liability subject to the indemnity obligations created by this Agreement.
10. Insurance. Consultant shall comply with the Insurance Requirements for Professional Services, as described in Attachment C hereto and incorporated herein, during the Term of this Agreement.
PROFESSIONAL SERVICES AGREEMENT
11. Dispute Resolution. In the event that any dispute arises between the parties in relation to this Agreement, the parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the parties agree to submit the dispute to mediation.
11.1 Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session must take place within sixty (60) days after the date that such notice is given, or sooner if reasonably practicable. The parties shall jointly appoint a mutually acceptable mediator. The parties further agree to share equally the costs of the mediation, except costs incurred by each party for representation by legal counsel.
11.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute.
12. Early Termination.
12.1 Termination for Convenience. City may terminate this Agreement for convenience by giving ten (10) calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it shall pay Consultant for services satisfactorily provided up to the effective date of termination.
12.2 Termination for Cause. If either party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other party may terminate this Agreement by giving written notice ten (10) calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination. Consultant shall be entitled to payment for all services satisfactorily provided up to the effective date of termination, except that the City may withhold from that payment the amount of costs the City incurred, if any, because of Consultant’s alleged breach of the Agreement.
13. Work Product. City shall be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the parties.
14. Audit. During this Agreement’s Term and for a period of four (4) years after the expiration, cancellation, or termination of this Agreement, or any extension of it, Consultant shall:
14.1 Keep and maintain, in their original form, all records, books, papers, or documents related to Consultant’s performance of this Agreement; and
PROFESSIONAL SERVICES AGREEMENT
14.2 Permit City or its authorized representatives, at all reasonable times, to have access to, examine, audit, excerpt, copy, photocopy, photograph, or transcribe all records, books, papers, or documents related to Consultant’s performance of this Agreement including, but not limited to: direct and indirect charges, and detailed documentation, for work Consultant has performed or will perform under this Agreement.
15. General Provisions.
15.1 Assignment and Successors. Neither party may transfer or assign its rights or obligations under this Agreement, in part or in whole, without the other party’s prior written consent. This Agreement is binding on the heirs, successors, and permitted assigns of the parties hereto.
15.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement.
15.3 Nondiscrimination. Consultant shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
15.4 Choice of Law and Venue. This Agreement shall be governed by California law, and venue shall be in the Superior Court for the county in which City is located, and no other place.
15.5 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions, or portions of the Agreement shall remain in full force and effect.
15.6 Amendment. No amendment or modification of this Agreement shall be binding unless it is in a writing duly authorized and signed by the parties to this Agreement.
15.7 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement shall be amended to make the insertion or correction.
15.8 Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties regarding
PROFESSIONAL SERVICES AGREEMENT
the subject matter of this Agreement and supersedes all prior written or oral understandings or agreements of the parties.
15.9 Attachments. If any provision in any attachment to this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement shall control over the conflicting or inconsistent provisions in the attachment.
15.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
15.11 Force Majeure. If either party is delayed or hindered in or prevented from the performance of any act required hereunder because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the party delayed, excluding financial inability (“Force Majeure Event”), performance of that act shall be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance shall be extended for an equivalent period. Delays or failures to perform resulting from lack of funds shall not be Force Majeure Events.
15.12 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.
15.13 Attorneys Fees and Venue for Disputes. If litigation becomes necessary to enforce the terms and provisions of this Agreement or as a result of any breach by Consultant or the City of this Agreement, the prevailing party in any such litigation shall be entitled to recover reasonable attorney’s fees and costs. The Humboldt County Superior Court for the State of California shall have exclusive jurisdiction over any dispute arising out of this Agreement or Consultant’s provision of Services hereunder, and shall serve as the venue for any such dispute.
All parties expressly consent to this designation of jurisdiction and venue.
15.14 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
15.15 Authorization. Each individual executing this Agreement, or its counterpart, on behalf of the respective party, warrants that he/she is authorized to
PROFESSIONAL SERVICES AGREEMENT
do so and that this Agreement constitutes the legally binding obligation of the entity which he/she represents.
16.16 Government Code 1097.6 Safe Harbor. Consultant’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
SIGNATURE PAGE FOLLOWS THIS PAGE
PROFESSIONAL SERVICES AGREEMENT
The parties agree to this Agreement as witnessed by the signatures below:
CITY: CONSULTANT:
City of Fortuna Serviam by Wright
s/_______________________________ s/_________________________ Amy Nilsen, City Manager Izabela Mijic, Chief Marketing Officer
Date: ___________________________ Date: ______________________ Attachments:
Attachment A: Scope of Services
Attachment B: Consultant’s Fee Schedule
Attachment C: Insurance Requirements for Professional Services
PROFESSIONAL SERVICES AGREEMENT
Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
PROFESSIONAL SERVICES AGREEMENT
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, CG 20 39 (not allowed from subcontractors), or CG 20 40.
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language
PROFESSIONAL SERVICES AGREEMENT
shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SERVIAM BY WRIGHT LLP | RFQ—On-Call Hearing Officer Services Confidential—Submitted to City of Fortuna
SECTION 5—RATE SCHEDULE AND COST PROPOSAL
SERVIAM bills in one-tenth of an hour (0.10) increments rather than quarter-hour increments. The rates below constitute SERVIAM’s complete and binding fee schedule for all hearing officer services provided to the City of Fortuna. A single, uniform rate applies across all hearing types and all attorney levels. No additional charges will be billed to the City beyond those set forth here, except as expressly noted.
5.1 Hearing and Preparation Rates
Service Category Billing Unit Rate Minimum
Case review, hearing preparation, coordination,
and rendering of written decision Per 0.10 hour $273.00/hr None Hearing conduct (in-person, virtual, or hybrid) Per 0.10 hour $273.00/hr None Daily minimum where in-person travel to
Fortuna is required Per day $273.00/hr 4 hours
Daily minimum (virtual / online hearings) Per 0.10 hour $273.00/hr None
5.2 Uniform Rate by Hearing Type
Hearing Type Hourly Rate 0.10-Hour Rate
Administrative citation appeals (FMC Ch. 1.09) $273.00 $45.50 Neighborhood preservation & nuisance abatement (FMC
Ch. 8.16) $273.00 $45.50
Abandoned / inoperative vehicle abatement (FMC Ch.
8.24) $273.00 $45.50
Noisy-dog and animal-related determinations (FMC Ch.
6.4) $273.00 $45.50
Mobile home space rent stabilization (FMC Ch. 11.02) $273.00 $45.50 Other administrative appeals & housing-related matters $273.00 $45.50
5.3 No-Show and Cancellation
Category Policy / Rate
No-show by responding party / contestant No charge (preparation time only if actually incurred, at $273.00/hr)
Cancellation—any notice period No charge (preparation time only if actually incurred, at $273.00/hr)
Advance notice requested to avoid charge 3 business days preferred for in-person; 0 days for virtual hearings
SERVIAM BY WRIGHT LLP | RFQ—On-Call Hearing Officer Services Confidential—Submitted to City of Fortuna
5.4 Ancillary and Travel Costs
Item Rate
Foreign-language interpreter (if applicable) Actual cost, passed through at invoice with no markup
Court reporter / transcription (if requested) Actual certified court-reporter cost with no markup Travel—mileage (in-person hearings only) IRS standard mileage rate in effect at time of travel Travel time, portal-to-portal (in-person only) $273.00/hr in 0.10-hour increments, for travel beyond ordinary commute
Hotel per diem (if overnight stay required) At cost
Meal reimbursement None
Taxes As applicable by law
Note: SERVIAM’s principal office is in Irvine, California. To minimize cost to the City, Serviam will prioritize virtual and hybrid hearings wherever the City permits and, when in-person travel to Fortuna is required, will coordinate hearing dates to cluster assignments and reduce total travel.
5.5 Term for Which Rates Apply
The rates set forth above are firm and fixed for the full initial contract term proposed in Section 6 (three years), with no escalation during that period. SERVIAM will hold these rates through any negotiated initial term and will not seek an adjustment except by mutual written agreement at renewal.
5.6 Independent Contractor and City-Provided Facilities SERVIAM acknowledges that the hearing officer serves as an independent contractor, receives no employee benefits or workers’ compensation coverage from the City, and is subject to no City withholdings.
SERVIAM further acknowledges that the City will provide, without charge, a hearing room, use of copying equipment, and necessary clerical support, and that all other business needs—including equipment for remote hearings—are at SERVIAM’s expense.
SERVIAM BY WRIGHT LLP | RFQ—On-Call Hearing Officer Services Confidential—Submitted to City of Fortuna
SECTION 5—RATE SCHEDULE AND COST PROPOSAL
SERVIAM bills in one-tenth of an hour (0.10) increments rather than quarter-hour increments. The rates below constitute SERVIAM’s complete and binding fee schedule for all hearing officer services provided to the City of Fortuna. A single, uniform rate applies across all hearing types and all attorney levels. No additional charges will be billed to the City beyond those set forth here, except as expressly noted.
5.1 Hearing and Preparation Rates
Service Category Billing Unit Rate Minimum
Case review, hearing preparation, coordination,
and rendering of written decision Per 0.10 hour $273.00/hr None Hearing conduct (in-person, virtual, or hybrid) Per 0.10 hour $273.00/hr None Daily minimum where in-person travel to
Fortuna is required Per day $273.00/hr 4 hours
Daily minimum (virtual / online hearings) Per 0.10 hour $273.00/hr None
5.2 Uniform Rate by Hearing Type
Hearing Type Hourly Rate 0.10-Hour Rate
Administrative citation appeals (FMC Ch. 1.09) $273.00 $45.50 Neighborhood preservation & nuisance abatement (FMC
Ch. 8.16) $273.00 $45.50
Abandoned / inoperative vehicle abatement (FMC Ch.
8.24) $273.00 $45.50
Noisy-dog and animal-related determinations (FMC Ch.
6.4) $273.00 $45.50
Mobile home space rent stabilization (FMC Ch. 11.02) $273.00 $45.50 Other administrative appeals & housing-related matters $273.00 $45.50
5.3 No-Show and Cancellation
Category Policy / Rate
No-show by responding party / contestant No charge (preparation time only if actually incurred, at $273.00/hr)
Cancellation—any notice period No charge (preparation time only if actually incurred, at $273.00/hr)
Advance notice requested to avoid charge 3 business days preferred for in-person; 0 days for virtual hearings
SERVIAM BY WRIGHT LLP | RFQ—On-Call Hearing Officer Services Confidential—Submitted to City of Fortuna
5.4 Ancillary and Travel Costs
Item Rate
Foreign-language interpreter (if applicable) Actual cost, passed through at invoice with no markup
Court reporter / transcription (if requested) Actual certified court-reporter cost with no markup Travel—mileage (in-person hearings only) IRS standard mileage rate in effect at time of travel Travel time, portal-to-portal (in-person only) $273.00/hr in 0.10-hour increments, for travel beyond ordinary commute
Hotel per diem (if overnight stay required) At cost
Meal reimbursement None
Taxes As applicable by law
Note: SERVIAM’s principal office is in Irvine, California. To minimize cost to the City, Serviam will prioritize virtual and hybrid hearings wherever the City permits and, when in-person travel to Fortuna is required, will coordinate hearing dates to cluster assignments and reduce total travel.
5.5 Term for Which Rates Apply
The rates set forth above are firm and fixed for the full initial contract term proposed in Section 6 (three years), with no escalation during that period. SERVIAM will hold these rates through any negotiated initial term and will not seek an adjustment except by mutual written agreement at renewal.
5.6 Independent Contractor and City-Provided Facilities SERVIAM acknowledges that the hearing officer serves as an independent contractor, receives no employee benefits or workers’ compensation coverage from the City, and is subject to no City withholdings.
SERVIAM further acknowledges that the City will provide, without charge, a hearing room, use of copying equipment, and necessary clerical support, and that all other business needs—including equipment for remote hearings—are at SERVIAM’s expense.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
08/03/2026
PRODUCER
First Indemnity Insurance Agency, Inc.
One Beacon Street
Boston, MA 02108
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
Serviam By Wright, LLP
3 Corporate Park, Suite 100
Irvine, CA 92606-5159
INSURER A: Spinnaker Insurance Company 24376
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY
COMMERICAL GENERAL LIABILITY
CLAIMS MADE OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
EACH OCCURENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE LIMIT
(Each Occurrence) $
BODILY INJURY
(Per person) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN
AUTO ONLY:
EA ACC $
AGG $
EXCESS/UMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under
SPECIAL PROVISIONS below
WC STATUTORY LIMITSOTHER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
A
OTHER
Cyber Insurance Policy FLY-CB76431152B-006
12/01/2025 12/01/2026 Aggregate Limit
Per Claim Limit
$2,000,000
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Fortuna is hereby listed as an additional insured
CERTIFICATE HOLDER CANCELLATION
City of Fortuna
Community Development Department
621 11th Street
Fortuna, CA 95540
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) © ACORD CORPORATION 1988
INSR
LTR
ADD’L
INSRD
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
07/31/2026
PRODUCER
First Indemnity Insurance Agency, Inc.
One Beacon Street
Boston MA 02108
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
Serviam Law, LLP
3 Corporate Park, Suite 100
Irvine, CA 92606-5159
INSURER A: Hartford Underwriters Insurance Company 30104 INSURER B: Hartford Casualty Insurance Company 29424
INSURER C:
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY) LIMITS
A
GENERAL LIABILITY
COMMERICAL GENERAL LIABILITY
CLAIMS MADE OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
08 SBA BP0AVT 02/06/2026 02/06/2027
EACH OCCURENCE $2,000,000
DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OP AGG $4,000,000
$
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
08 SBA BP0AVT 02/06/2026 02/06/2027
COMBINED SINGLE LIMIT
(Each Occurrence) $2,000,000
BODILY INJURY
(Per person) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN
AUTO ONLY:
EA ACC $
AGG $
A
EXCESS/UMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $10,000
08 SBA BP0AVT 02/06/2026 02/06/2027
EACH OCCURRENCE $2,000,000
AGGREGATE $2,000,000
$
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under
SPECIAL PROVISIONS below
08 WEC BJ9H7N 07/22/2026 07/22/2027
WC STATUTORY LIMITSOTHER
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
A
OTHER
Businessowners Policy 08 SBA BP0AVT 02/06/2026 02/06/2027 Business Personal Property:
$42,100
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Fortuna, its City Council, officers, officials, employees, agents, and volunteers are hereby listed as an additional insured due to endorsement SL 30 32 06 21. The policy is primary and non-contributory with endorsement SL 00 00 10 18. A blanket waiver of subrogation is attached with endorsement SL 00 00 10 18 in relation to the general liability and auto liability policies. A blanket waiver of subrogation is attached with endorsement WC040306 in relation to the workers compensation policy. A 30-day notice of cancellation is provided with endorsement SU 00 00 12 19. The GL, Auto and Umbrella policies are primary and non-contributory with endorsement SL 00 00 10 18
CERTIFICATE HOLDER CANCELLATION
City of Fortuna
Community Development Department
621 11th Street
Fortuna, CA 95540
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO
THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) © ACORD CORPORATION 1988
INSR
LTR
ADD’L
INSRD
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.
COMBINED SINGLE LIMIT (Ea
accident)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required)
GENERAL LIABILITY
GEN'L AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIABILITY
Y/N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICE/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under DESCRIPTION OF
OPERATIONS below
EML0004232-
261 A Lawyers Professional 07/01/26 07/01/27
EACH OCCURANCE
DAMAGE TO RENTED PREMISES
(Ea occurance)
MED EXP (Any one person)
PERSONAL & AND INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE (Per accident)
EACH OCCURANCE
AGGREGATE
WC STATUTORY LIMITS OTHER
E.L. EACH ACCIDENT
E.L. DISESAE - EA
EMPLOYEE
E.L. DISEASE - POLICY LIMIT
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVED DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSUREER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION
OR LIABILITY OF ANY KIND TO THE INSURER, IT'S AGENTS OR REPRESENTITIVES
AUTHORIZED REPRESENTATIVE
N/A
$3,000,000
$3,000,000
Each Claim:
General Aggregate:
INSURER D:
First Indemnity Insurance Agency, Inc.
One Beacon Street
Suite 33200
Boston, MA 02108
Serviam Law LLP
D/B/A Serviam by Wright LLP
3 Corporate Park Suite 100
Irvine, CA 92606
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES
DATE (MM/DD/YYYY)
07/01/2026
INSURERS AFFORDING COVERAGE NAIC #
INSURER A:
INSURER B:
INSURER C:
Everest National Ins Co
TYPE OF INSURANCE INSR
LTR
ADD'L
INSRD POLICY NUMBER POLICY EFF POLICY EXP LIMITS SUBRWVD PHONE
(A/C, No, Ext):
E-MAIL
ADDRESS:
781-581-2519
[email protected]
CERTIFICATE NUMBER: REVISION NUMBER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
INSURER E:
INSURER F:
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
POLICY PROJECT LOC
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON-OWNED
AUTOS
UMBRELLA LIAB
EXCESS LIAB
DED RETENTION $
OCCUR
CLAIMS MADE
CONTACT
NAME: Sean Hayes
781-595-2293 FAX
(A/C, No, Ext):
PRODUCER
INSURED
The ACORD name and logo are registered marks of ACORD ACORD 25 (2009/01) Claims made Coverage. Retro-Active Date: 03/01/2013. $25,000 Deductible is per claim and applies to loss and defense.
Claim Expenses Are Inside the Limits of Liability
X N/A CSIC-XPL0000110-00
$1,000,000
X $1,000,000 07/01/26 07/01/27
City of Fortuna
Community Development Department
621 11th Street
Fortuna, CA 95540