Manhattan Beach City Council
June 3, 2025

Approved for Use 2/15/20
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated December 15, 2020 (“Effective Date”) and is between the City of Manhattan Beach, a California muni cipal corporation (“City”) and McGowan Consulting LLC , a California Limited Liability Corporation (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

A. City desires to utilize the services of Consultant as an independent contractor to provide coordination and implementation watershed activities for Beach Cities Watershed Management Group.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise o f its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

A. Scope of Services . Consultant shall perform the services described in Consultant’s Proposal (the “Services”) for the coordination and implementation of watershed activities for the Beach Cities Watershed Management Group (WMG), attached as Exhibit A . City may request, in writing, changes in the Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement
B. Party Representatives . For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Kathleen McGowan, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time fo r Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like DocuSign Envelope ID: 8DE38115-578B-43D0-8E03-6450834ED051

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professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses . Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 3 0, 2023 , unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee S chedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $295,880 (the “Maximum Compensation”) for such Services.

B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B.

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

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B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant i s a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

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C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

8. Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabili ties”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, DocuSign Envelope ID: 8DE38115-578B-43D0-8E03-6450834ED051

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except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this S ection from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting . Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting . City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any DocuSign Envelope ID: 8DE38115-578B-43D0-8E03-6450834ED051

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insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of Insurance . Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non- owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non- owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non- owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Section.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

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D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self -insurance maintained by City, its elected and appointed officials, officers , employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modificat ions to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immedi ately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premi um paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance . Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance pol icies to City.

Consultant shall maintain current endorsements on file with City’s Risk Manager.

Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with ot her policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

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J. Indemnity Requirements not Limiting . Procurement of insurance by Consultant shall not be construed as a li mitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.

K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

L. Subcontractor Insurance Requirements . Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation. City shal l provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure DocuSign Envelope ID: 8DE38115-578B-43D0-8E03-6450834ED051

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of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence , in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial or ders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

14. Default.

A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c ) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

TO CITY: TO CONSULTANT:

City of Manhattan Beach McGowan Consulting, LLC
Public Works Kathleen McGowan, Principal
Attn: Shawn Igoe 412 Olive Avenue, #189
1400 Highland Avenue Huntington Beach, CA 92648
Manhattan Beach, California 90266
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COPY TO CITY ATTORNEY:

City of Manhattan Beach
Attn: City Attorney
1400 Highland Avenue
Manhattan Beach, CA 90266

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to e nsure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbr ance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a DocuSign Envelope ID: 8DE38115-578B-43D0-8E03-6450834ED051

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release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

23. Exhibits. Exhibits A and B constitute a p art of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

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26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. “Business days” means days Manhattan Beach City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of C alifornia, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Manhattan Beach.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constit ute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]

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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Stephanie Katsouleas
Title: Public Works Director
Consultant:

McGowan Consulting, LLC.
a California Limited Liability Corporation

By:

Name: Kathleen McGowan
Title: Principal

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
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12/29/2020
12/29/2020
12/31/2020
12/31/2020
12/31/2020

A-1
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EXHIBIT A

SCOPE OF SERVICES

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A-2
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A-3
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EXHIBIT B

APPROVED FEE SCHEDULE

DocuSign Envelope ID: 8DE38115-578B-43D0-8E03-6450834ED051 @coNTRACT APPROVAL ROUTING SLIP
Department: _______________ _ City Staff: ____________ _ Vendor /Company Information:

Contract with: -----------------------------------
Name of Signer: _______________ Email: ________________ _ Name of Signer: _______________ Email: ________________ _ Name of Signer: ______________ Email: ________________ _ Contract Details:

Dollar Amount: ----------
Contract Budgeted: __ Yes __ No Line Item Account No.: _____________ _ City Council Agenda Date: __________ Staff Report No: ____________ _ Contract Start Date: Contract End Date: ------------ ------------ Have Services Started: Yes No If Yes, Date When Services Began: __________ _ Contract Type: __ Original
Grant
Amendment Renewal __ Change Order
Other _____________ _
Bidding Process: __ RFI __ RFP __ Bids (Public) __ Renewal (Amendments Only} Contract Description/Notes: ____________________________ _ Required Documents (Documents need to be submitted with the signed agreement when required):

W9 Required __ File (Munis) Vendor No. ___ _
Insurance Required __ Yes No
Bonds Required __ Yes __ No
Included
Verification of Corporate Entity __ Yes __ No Verification of Authority to Sign __ Yes Business License Required __ Yes __ No Business License No: _________ _ Notary for Management Services Signature Authority:

Yes No __ City Manager __ City Attorney __ City Council Insurance Waiver/Modification Request: __ Yes No
__ Sole Source Agreement (Must Provide Attachment)
Sole source agreements must include a written justification. Reasons to sole source include there is only one existing source for the service/supply, the unique nature of the service/supply, the relationship of the parties, and the exigency for providing the service/supply.

Legal, Risk and Purchasing Review
Revised 10/2022
_______ Department Manager ____ Department Head
___ City Clerk's Office ____ Risk Manager ____ Purchasing ____ City Council --------------
X
Public Works
V.Choi/ N.Petroff
McGowan Consulting LLC
Kathleen McGowan
[email protected]
$105,700
Trust Account 502-21502

5.16.23 23-0162

06.30.2024

12.15.2020
coordination and implementation of watershed activities for Beach Cities Watershed Management Group.
11321
BL-28238
✔
✔
✔
✔

07.01.2023
✔
✔
✔
✔
✔
✔
✔
DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9 4/20/2023
4/21/2023
4/24/2023
4/25/2023
4/26/2023
5/17/2023

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MANHATTAN BEACH AND MCGOWAN CONSULTING, LLC.

This First Amendment (“Amendment No. 1”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and McGowan Consulting LLC , a California Limited Liability Corporation (“Consultant”) (collectively, the “Parties”) is hereby entered into as of May 16, 2023 (“Effective Date”).

RECITALS
On December 15, 2020 , the City and Consultant en tered into an agreement for professional services for the Consultant to provide coordination and implementation of watershed activities for Beach Cities Watershed Management Group (“Agreement”); The Parties now desire to amend the Agreement to further extend the term, increase the maximum compensation, and modify the scope of services and fee schedule.

NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:

Section 1. Section 2 of the Agreement is hereby amended to extend the term of the Agreement through June 30, 2024, unless sooner terminated as provided in Section 12 of the Agreement.

Section 2. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $105,700, for a new Maximum Compensation of $401,580.

Section 3. Exhibits A and B of the Agreement are hereby amended to add additional Scope of Services and amend the Fee Schedule for Fiscal Year 2023 -24, as shown on Exhibits A and B attached to this Amendment No. 1.

Section 4. Except as specifically amended by this Amendment No. 1, all other provisions of the Agreement shall remain in full force and effect.

IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first shown above.
[SIGNATURE PAGE FOLLOWS]

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2034384v3.doc City of MB Form

The Parties, through their duly authorized representatives are signing this A mendment No. 1 on the date stated in the introductory clause.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Consultant:

McGowan Consulting, LLC.
a California Limited Liability Corporation

By:

Name: Kathleen McGowan
Title: Principal

DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9 4/26/2023
4/27/2023
4/27/2023
4/29/2023
5/22/2023
5/22/2023
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2034384v3.doc City of MB Form

EXHIBIT A

SCOPE OF SERVICES

MCGOWAN CONSULTING, LLC
412 Olive Avenue, #189, Huntington Beach, CA 92648
310-213-4979 [email protected]

March 21, 2023

Erick Lee, Director
Lourdes Vargas, Utilities Division Manager

City of Manhattan Beach
Department of Public Works
3621 Bell Avenue
Manhattan Beach, CA 90266

RE: SCOPE OF SERVICES FOR BEACH CITIES WMG COORDINATION SERVICES

Dear Mr. Lee and Ms. Vargas:

McGowan Consulting, LLC, is pleased to propose this Scope of Services to provide continuing CIMP Coordination (Task 7) for the Beach Cities Watershed Management Group (WMG) consistent with Amendment No. 1 of the Beach Cities Coordinated Integrated Monitoring Program (CIMP) MOU effective July 1, 2020. The scope and cost of services in t his proposal have been developed to support the Beach Cities WMG during Fiscal Year 2023 -2024 consistent with the Regional Stormwater Permit1 and related regulatory drivers.

Scope of Services
This Scope of Services provides for McGowan Consulting to serve as the CIMP Coordination Consultant for the Beach Cities WMG for fiscal year 2023 -2024. The scope of services and assumptions for Tasks 7.1 through 7.9 are outlined below.

Task 7.1 Meeting Planning, Agendas and Minutes
Plan, revise and distribute the Beach Cities WMG agendas and minutes for twelve (12) monthly meetings. Arrange for guest speakers as needed. A level of effort of four (4) hours per month is assumed based on previous experience.

Task 7.2 Meeting Preparation, Attendance, Coordination

1 Regional Phase I MS4 NPDES Permit – Order No. R4-2021-0105 – NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9 -4-
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2034384v3.doc City of MB Form

Prepare materials for information, discussion and decision -making at the Beach Cities WMG meetings. Attend and coordinate online meetings, take notes during meetings for documentation in the minutes, and follow up on action items from each meeting. A level of effort of six (6) hours per month is assumed based on two staff people hosting the online meeting, with one staff person running the meeting and the second staff person taking notes.

Task 7.3 WMG Coordination Activities
Project management, planning and scheduling of group activities. As needed communication via email, telephone and video calls supplemental to or as action items arising from WMG direction at monthly meetings. As directed by the Beach Cities WMG, provide su pport to the group in coordinating and carrying out required activities, including tracking of WMG implementation activities, milestones and deadlines, and other as-needed assistance. A level of effort similar to that experienced in FY2022-2023 is assumed including development of a second amendment of the CIMP MOU among the Beach Cities WMG following approval of the updated CIMP by the LA Water Board.

Task 7.4 Support for Adaptive Management
Support the Beach Cities WMG in responding to comments from Regional Board staff on the revised Watershed Management Program (WMP). This effort also includes support for adaptive management of the Beach Cities WMP, which may be necessitated by changes in WMP regional project concepts and scopes, implementation timelines, and/or locations, that may arise as projects are developed through project feasibility studies, preliminary engineering, environmental analysis, and design. Additionally, negotiation with Regional Board staff on proposed adaptive management changes in the WMP could be needed and may be included in this task.

Task 7.5 CIMP Review & Support
Provide technical and regulatory review of data and review and comment on reports prepared by the CIMP Implementation Consultant, including semi-annual data reports, periodic memos, and the Annual Monitoring Report. As needed assistance to the CIMP Implementation Consultant in evaluating and responding to Regional Board staff comments on the updated CIMP submitted to the Regional Board on March 10, 2023.

Task 7.6 Develop & Manage Joint Outreach
Develop joint public outreach materials utilizing contract services for graphic layout and illustration and manage ongoing website content and hosting via contracted services with the Environmental Services Center staff of the South Bay Cities Council of Governments (COG). This task is anticipated to include updating the Small Site Construction Brochure to apply to all construction sites and to align with additional BMP requirements included in the Regional Stormwater Permit and updating references in the brochure. The effort in this task also includes tracking of joint outreach activities using relevant metrics as required by the Regional Stormwater Permit for annual reporting. Other outreach materials may be developed as time and budget allows by customizing or adapting materials developed by others.

DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9 -5-
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Subcontracted work to be performed by staff of the South Bay Cities COG will include continued website hosting, preparation of website analytics for annual reporting, and promoting the webpages as directed by the Beach Cities WMG and McGowan Consulting. Subcontracted graphic design work is assumed to be performed by Christine Barnicki/Desktop Design who prepared the original Small Site Construction Brochure and will include revisio n of the brochure based on direction from McGowan Consulting. Other graphic design/layout assistance may be needed for short narrative pieces as time and budget allows.

As in previous years, it is assumed that McGowan Consulting’s level of effort and sup porting subcontracted services for joint outreach will be offset by 50% through combined work for the Peninsula WMG.

Task 7.7 Permit/Region-wide Coordination
Participate in Los Angeles region -wide WMG Coordination and Regional Board meetings and workshops on behalf of the Beach Cities WMG. During FY2023-2024 this task includes an allocation of time to represent the WMG at two (2) Regional Board meetings and wor kshops. Additional time is also included for meeting preparation and/or preparation of brief statements of testimony. This task also includes an allocation of time for tracking of region -wide regulatory actions and studies, such as the Regional Zinc Recalc ulation Study applicable to Dominguez Channel, State/Regional Water Board revisions to 303(d) list of impaired water bodies, or development of new TMDLs by the Regional Water Board.

Task 7.8 Regional Project Funding Assistance
Assist in aligning joint r egional projects for funding opportunities as they arise and as directed by the Beach Cities WMG. This task could include activities such as: tracking and summarizing grant funding opportunities, presentations for the Safe Clean Water (SCW) South Bay Water shed Area Steering Committee (WASC) or submittal of a joint project into the SCW online project module, and coordination between the Beach Cities WMG and other entities on joint regional projects. Note that the allocation of effort in this task is not sufficient to prepare a full grant proposal.

Task 7.9 Watershed Annual Report
Prepare two (2) semi -annual Beach Cities WMG Watershed Progress Reports due June 15 and December 15, along with semi -annual posting of Section 1.1 of the reports in English and Span ish on the WRAMPS public portal for the Beach Cities WMG, as required by the Regional MS4 Permit.

This task includes development and semi-annual updating of a Beach Cities WMP Progress Reporting webpage utilizing the WRAMPS public dashboard tool.

Cost of Services
McGowan Consulting will conduct the work effort outlined in the foregoing Scope of Services during the period from July 2023 through June 2024 for an amount not to exceed $105,700 based on time and materials as estimated in the attached Budget Table and Rate Schedule. An allocation for other direct costs is included as a separate line item in the Budget Table. Other direct costs chargeable to DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9 -6-
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2034384v3.doc City of MB Form

the project may include: subcontracted graphic design, illustration, website design and hosting services; translation services; report reproduction and binding; courier services; and other direct project costs not specifically included in labor rates. McGowan Consulting labor rates for FY2023 - 2024 are shown in the attached Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Labor rates shown in the attached rate schedule have been adjusted based on an assumed 6% April 2022 to April 2023 increase in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor – Bureau of Labor Statistics (CPI); however if the actual April 2022 to April 2023 CPI increase is less than 6%, the lesser increase will be honored in McGowan Consulting actual billing rates for FY2023-2024.

McGowan Consulting will adhere to the Scope of Services and Budget Table and will inform City staff and Beach Cities WMG representatives of changing requirements and emerging issues as part of regular communication. In order to provide a measure of flexibility to best meet the needs of the Beach Cities WMG, it is understood that reallocation of level -of-effort and cost between tasks may occur so long as the total contract amount is not exceeded. It is the nature of regulatory and monitoring-driven programs to be subject to u ncertainty such as unforseen technical issues, new regulatory requirements, or regulatory enforcement action. If necessary to provide additional consulting services to meet the needs of the WMG, and if requested by the Beach Cities WMG and directed by City of Manhattan Beach staff, McGowan Consulting will submit an authorization request for a change to the Scope and Cost of Services.

Please do not hesitate to contact me if you have any questions or require additional information or clarification regarding this Scope of Services. Thank you for the opportunity and privilege of continuing to provide CIMP Coordination Services for the City of Manhattan Beach and the Beach Cities Watershed Management Group.

Sincerely,

Kathleen C. McGowan, P.E., ENV SP
Principal/Owner
McGowan Consulting, LLC

Attachments:

Budget Table
Rate Schedule
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EXHIBIT B

FEE SCHEDULE

*Indicates tasks that incorporate cost/labor savings due to work performed in common for two watershed groups

Budget Table
for Beach Cities WMG Coordination Services
FY23-24
Task Description Labor
Hours
Estimated
Cost

7.1 WMG Meeting Agendas and Minutes 48 $ 7,890

7.2 WMG Meeting Preparation and
Attendance/Chairing 72 $ 12,210

7.3 WMG Coordination Activities 84 $ 14,250

7.4 Adaptive Management 70 $ 11,870

7.5 CIMP Review & Support 40 $ 6,780

7.6 Develop & Manage Joint Outreach* 60 $ 9,500

7.7 Permit/Region-wide Coordination* 40 $ 6,780

7.8 Regional Project Funding Assistance 44 $ 7,460

7.9 Watershed Annual Reporting 130 $ 21,360
Other Direct Costs
Includes subcontracted website hosting by SBCCOG and
graphic design and layout for outreach materials* $ 7,600 Total All Tasks + Other Direct Costs 588 $ 105,700
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Rate Schedule
McGowan Consulting, LLC
Fiscal Year 2023-20242

Professional/Staff Labor Rates
Principal $185.5 per hour
Sr. Scientist $153.7 per hour

Staff Scientist $66.8 per hour
Labor rates include: automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying

Expenses
Other direct costs chargeable to the project include: graphic layout and illustration; webpage design, hosting and maintenance; translation services; report reproduction and binding; project-specific publications; courier services; and any other direct project costs not included in the labor rates.

2 Labor rates to be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/8/2022
License # 0E67768(925) 918-454113056McGowan Consulting LLC412 Olive Avenue, Suite189Huntington Beach, CA 9264831194 A 2,000,000XXPSB00063086/9/20226/9/20231,000,00010,0002,000,0004,000,0004,000,0002,000,000A XXPSB00063086/9/20226/9/2023 BProfessional Liab.X1063150696/9/2022Per Claim2,000,000BProfessional Liab.X1063150696/9/20226/9/2023Aggregate2,000,000RE: MS4 Permit Consulting.City of Manhattan Beach, its officers, employees, agents and volunteers are included as Additional Insured as their interests may appear in regards to Commercial General Liability and Automobile Liability policies per the attached endorsement, as required by written contract. This insurance is Primary and Non-contributory to any other insurance provided as respects Commercial General Liability policy as required by written contract. Waiver of Subrogation in favor of the certificate holder with regard to the Commercial General Liability policy, as required by written contract. The Non-Owned and Hired Auto Liability Limit Is Subject To The General Liability Per Occurrence Limit. Professional Liability is a claims made policy and includes Waiver of Subrogation Provision as required by written contract.

City of Manhattan BeachDept. of Public Works3621 Bell AvenueManhattan Beach, CA 90266 MCGOCON-03MICHAELA
IOA Insurance Services3875 Hopyard RoadSuite 200Pleasanton, CA 94588Melissa [email protected] Insurance CompanyTravelers Casualty & Surety Company of America 6/9/2023
X X
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DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
04/10/2023
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
Automatic Data Processing Insurance Agency, Inc.
1-800-524-7024
McGowan Consulting LLC
412 Olive Ave
Huntington Beach CA 926485142
Rated by Multiple Companies
2955883
A Y Y 76WEGAD1DKK 05/01/2023 05/01/2024 1,000,000
1,000,000
1,000,000
This certificate has a blanket Waiver of Subrogation for the following state(s) :CA City of Manhattan Beach, Attn: Dept. of Public Works
3621 Bell Avenue
Manhattan Beach CA 90266
DocuSign Envelope ID: CC5FEBD2-DCDF-4EDB-870D-811DCC1C0ED9

CONTRACT APPROVAL ROUTING SLIP
Revised 8/2023
Department: City Staff:

Contractor/Consultant Information:

Contract with:

Name of Signer: Email:

Name of Signer: Email:

Name of Signer: Email:

Contract Details
Contract Type: Original Amendment Renewal Change Order Grant Other
Total Contract Amount: Amendment/Change Amount:

Budgeted: Yes No Line Item Account Number:

City Council Agenda Date: Staff Report No.:

Contract Start Date: Contract End Date:

Have services started? Yes No If yes, when did services begin:

Bidding Process: RFI RFP Bids (Public) Renewal (Amendments Only) Contract Description/Notes:

Required Documents (must be included when applicable)
Is W9 on file (MUNIS)? Yes; Vendor No: No; W9 attached Insurance Required? Yes No Insurance Waiver/Modification? Yes No Bonds Required? Yes No Verification of Authority to Sign? Yes No Verification of Corporate Entity? Yes No
Business License Required? Yes No If yes, number:

Is this a Sole Source Agreement? If yes, must attach justification. Yes No Notary for Management Services Signature Authority? Yes No If yes, which signatures? City Manager City Attorney City Co uncil Department, Legal, Risk Management, and Purchasing Review (please initial):

Department Manager Department Head
City Clerk’s Office Risk Manager Purchasing
If City Council approval is required, Clerk’s Office must initial after City Attorney signature.

City Clerk’s Office
Public Works
S. Nimat/N. Petroff/L. Urrutia
McGowan Consulting, LLC
Kathleen McGowan
[email protected]
N/A
N/A
N/A
N/A
✔
$510,340
$108,760
✔
50218770-52101
5/21/2024
24-0132
12/15/2020
6/30/2025
✔
12/15/2020
✔
Amend. No. 2 extend the term, increase max compensation, modify scope of services, and fee schedule for coordination and implementation of watershed activities for Beach Cities Watershed Management. Added contingency of $10,876 for additional services. ✔
11321
✔
✔
✔
✔
✔
N/A
✔
✔
✔
DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

Approved for use 6/1/23
2817434v1.doc City of MB Form
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MANHATTAN BEACH AND MCGOWAN
CONSULTING, LLC.

This Second Amendment (“Amendment No. 2”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and McGowan Consulting, LLC, a California Limited Liability Corporation (“Consultant”) (collectively, the “Parties”). The date the City Council approves this Amendment shall be the date this Amendment is effective (“Effective Date”).

RECITALS
A. On December 15, 2020, the City and Consultant entered into an agreement for professional services for the Consultant to provide coordination and implementation of watershed activities for Beach Cities Watershed Management Group (“Agreement”).

B. On Ma y 16, 2023, the Parties entered into Amendment No. 1 to extend the term, increase the Maximum Compensation, and modify the Scope of Services and Approved Fee Schedule.

C. The Parties now desire to amend the Agreement to extend the term, increase the Maximum Compensation, and modify the Scope of Services and Fee Schedule.

NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:

Section 1. Section 2 of the Agreement is hereby amended to extend the term of the Agreement through June 30 , 2025, unless sooner terminated as provided in Section 12 of the Agreement.

Section 2. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $108,760 for a new Maximum Compensation of $510,340 plus a contingency of $10,876 for unanticipated additional services and monitoring outside the scope set forth in Exhibit A -1, based on Schedule of Rates set forth in Exhibit B-1.

Section 3. Exhibits A and B of the Agree ment are hereby amended to add additional Scope of Services and amend the Fee Schedule for Fiscal Year 2024 - 2025 as shown on Exhibit A-1 and Exhibit B-1, attached to this Amendment No. 2.

Section 4. Except as specifically amended by this Amendment No. 2 , all other provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

-2-
Approved for use 6/1/23
2817434v1.doc City of MB Form
[SIGNATURE PAGE FOLLOWS]

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

-3-
Approved for use 6/1/23
2817434v1.doc City of MB Form

IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 2 on the day and year first shown above.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Consultant:

McGowan Consulting, LLC.
a California Limited Liability Corporation

By:

Name: Kathleen McGowan
Title: Principal

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F 5/9/2024
5/9/2024
5/9/2024
5/21/2024
5/23/2024
5/24/2024

-4-
Approved for use 6/1/23
2817434v1.doc City of MB Form
Exhibit A-1
Scope of Services

Task 7.1 Meeting Planning, Agendas and Minutes
Plan, prepare , and distribute the Beach Cities WMG agendas and minutes for twelve (12) monthly meetings. Arrange for guest speakers as needed.

Task 7.2 Meeting Preparation, Attendance, Coordination
Prepare materials for information, discussion and decision -making at the twelve (12) Beach Cities WMG meetings. Coordinate and chair online meetings, prepare meeting minutes, and follow up on action items from each meeting.

Task 7.3 WMG Coordination Activities
Project management, coordination, planning and scheduling of group activities. As needed communication via email, telephone and video calls supplemental to or as action items arising from WMG direction at monthly meetings. As directed b y the Beach Cities WMG, provide support to the group in coordinating and carrying out required activities, including tracking of WMG implementation activities, milestones and deadlines, and other as -needed assistance. An increased level of effort is assumed to account for the need to develop a second amendment of the CIMP MOU among the Beach Cities WMG prior to expiration of the existing MOU Amendment 1 and with sufficient lead time to provide for continuity of the CIMP monitoring contract.

Task 7.4 Support for Adaptive Management
A new MOU and scope of work to revise the Beach Cities Watershed Management Program (WMP) will need to be developed during the second half of FY2024 -25 so that work to revise the WMP, including any necessary revision of the Reasonable Assurance Analysis, can be completed during FY2025 -26. This task provides assistance in development of a new MOU and scope of work for the revision/adaptive management of the Beach Cities WMP that will be due to the LA Water Board by March 15, 2026. E ffort in this task may also include support for negotiation with LA Water Board staff on WMP implementation schedules for projects necessary for final compliance with the Santa Monica Bay Beaches Bacteria TMDL or other conditions of approval in the still pending final approval of the Beach Cities WMP submitted in July 2023.

Task 7.5 CIMP Review & Support
Technical and regulatory review of data and monitoring reports prepared by the CIMP Implementation Consultant, including semi-annual data submittals, periodic memos, and the Annual Monitoring Report. This task includes an increased effort arising from the revised CIMP, once approved. As-needed assistance to the WMG and CIMP Implementation Consultant in evaluating and responding to LA Water Board staff comments on the March 2023 updated CIMP still pending final approval from the LA Water Board.

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

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Approved for use 6/1/23
2817434v1.doc City of MB Form
Task 7.6 Develop & Manage Joint Outreach
Develop joint public outreach materials utilizing contract services for graphic design and layout and manage ongoing website content and hosting via contracted services with the Environmental Services Center staff of the Sout h Bay Cities Council of Governments (COG). The effort in this task includes tracking of joint outreach activities using relevant metrics as required by the Regional Stormwater Permit for annual reporting. Other outreach materials will be developed as time and budget allows by customizing or adapting materials developed by others with direction and input from the WMG. As in previous years, it is assumed that McGowan Consulting’s level of effort and supporting subcontracted services for joint outreach will b e offset by 50% through combined work for the Palos Verdes Peninsula WMG.

Subcontracted work to be performed by staff of the South Bay Cities COG will include continued website hosting, preparation of website analytics for annual reporting, and promoting the webpages as directed by the Beach Cities WMG and McGowan Consulting. Other graphic design/layout assistance may be needed for short narrative pieces as time and budget allows. Subcontracted graphic design work is assumed to be performed by Christine Barnicki/Desktop Design.

Task 7.7 Permit/Region-wide Coordination
Attend Los Angeles region-wide WMG Coordination and LA Water Board meetings and workshops as needed on behalf of the Beach Cities WMG. Represent the Beach Cities WMG at the bimonthly Ad -Hoc Leadership Committee meetings of the LA Permit Group. Prepare as-needed comment letters on proposed LA Water Board or State Water Board regulatory actions. This task also includes an allocation of time for tracking of region -wide regulatory actions and stu dies, such as the Regional Zinc Recalculation Study applicable to Dominguez Channel, State/Regional Water Board revisions to 303(d) list of impaired water bodies, or development of new TMDLs by the LA Regional Water Board.

Task 7.8 Regional Project Funding Assistance
Track and summarize grant funding opportunities as they arise and disseminate to the Beach Cities WMG. This task could include coordination between the Beach Cities WMG and other entities, e.g., industrial facilities and/or Caltrans to facilitate joint funding of regional projects. Note that the allocation of effort in this task is not sufficient to prepare a full grant proposal.

Task 7.9 Watershed Semi-Annual Reports
Prepare two (2) semi-annual Beach Cities Watershed Progress Reports due June 15 and December 15, along with semi-annual posting of Section 1.1 of the reports in English and Spanish on the WRAMPS public portal for the Beach Cities WMG, as required by the Regional Stormwater Permit. This task includes semi -annual updates of the Be ach Cities WMP Progress Reporting public dashboard on the Los Angeles County Watershed Reporting System (WRAMPS2) webpage.

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

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Approved for use 6/1/23
2817434v1.doc City of MB Form
Cost of Services
Amendment 1 of the CIMP MOU provides for two, one -year term extensions as long as the cost for each additional year does not exceed Fiscal Year 2022 -2023 costs adjusted April to April by the Consumer Price Index for Los Angeles County as calculated by the U.S. Department of Labor – Bureau of Labor Statistics (CPI).

The first term was extended for Fiscal Year 2023 -2024 with a CPI adjustment of

3.8% and budget limit for Task 7 of $103,582. Since the April 2023 – April 2024 is unavailable as of the time of thi s proposal, a 5% maximum CPI increase is assumed in this proposal with a budget limit of $108,760, however, if the April 2023 – April 2024 CPI increase is lower, McGowan Consulting will accept the lower increase and adjust our cost accordingly.

McGowan Consulting will conduct the work effort outlined in the foregoing Scope of Services during the period from July 2024 through June 2025 for an amount not to exceed $108,760 based on time and materials as estimated in the attached Budget Table and Rate Schedule. An allocation for other direct costs is included as a separate line item in the Budget Table. Other direct costs chargeable to the project may include: subcontracted graphic design, illustration, website design and hosting services; translation services; report reproduction and binding; courier services; and other direct project costs not specifically included in labor rates.

McGowan Consulting labor rates for FY2024-2025 are shown in the attached Rate Schedule and include automobile mileage, parking fees, and routine printing and copying. Labor rates shown in the attached rate schedule have been adjusted based on an assumed 5% April 2023 to April 2024 increase in the Consumer Price Index for the Los Angeles area; however if the actual April 2023 to April 2024 CPI increase is less than 5%, the lesser increase will be honored in McGowan Consulting actual billing rates for FY2024-2025.

McGowan Consulting will adhere to the Scope of Services and Bu dget Table and will inform City staff and Beach Cities WMG representatives of changing requirements and emerging issues as part of regular communication. In order to provide a measure of flexibility to best meet the needs of the Beach Cities WMG, it is und erstood that reallocation of level -of-effort and cost between tasks may occur so long as the total contract amount is not exceeded. It is the nature of regulatory and monitoring -driven programs to be subject to uncertainty such as unforeseen technical issu es, new regulatory requirements, or regulatory enforcement action. If necessary to provide additional consulting services to meet the needs of the WMG, and if requested by the Beach Cities WMG and directed by City of Manhattan Beach staff, McGowan Consulti ng will submit an authorization request for a change to the Scope and Cost of Services.

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

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Approved for use 6/1/23
2817434v1.doc City of MB Form
Exhibit B-1
Fee Schedule

*Indicates tasks that incorporate cost/labor savings due to work performed in common for two watershed groups

Budget Table
for Beach Cities WMG Coordination Services
FY24-25
Task Description Labor
Hours
Estimated
Cost

7.1 WMG Meeting Agendas and
Minutes 46 $ 7,960

7.2 WMG Meeting Preparation and
Attendance/Chairing 64 $ 11,010

7.3 WMG Coordination Activities 64 $ 11,390

7.4 Adaptive Management 80 $ 13,920

7.5 CIMP Review & Support 48 $ 8,160

7.6 Develop & Manage Joint Outreach* 50 $ 8,800

7.7 Permit/Region-wide Coordination* 50 $ 8,700

7.8 Regional Project Funding
Assistance 32 $ 5,500

7.9 Watershed Annual Reporting 154 $ 25,870
Other Direct Costs
Includes subcontracted website hosting by
SBCCOG and graphic design and layout for
outreach materials*
$ 7,450
Total All Tasks + Other Direct Costs 588 $ 108,760
DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

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Approved for use 6/1/23
2817434v1.doc City of MB Form
Exhibit B-1
Approved Fee Schedule (continued)

Professional/Staff Labor Rates
Fiscal Year 2024-2025

Category Hourly Rate
Principal $187
Sr. Scientist $158
Staff Scientist $69
Labor rates include: automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Expenses
Other direct costs chargeable to the project include: graphic layout and illustration; webpage design, hosting , and maintenance; translation services; report reproduction and binding; project -specific publications; courier services; and any other direct project costs not included in the labor rates.

DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
1/10/2024
License # 0E67768+1 925-660-351013056McGowan Consulting LLC412 Olive Avenue, Suite189Huntington Beach, CA 9264831194 A 2,000,000XXPSB00063086/9/20236/9/20241,000,00010,0002,000,0004,000,0004,000,0002,000,000A XXPSB00063086/9/20236/9/2024 BProf. LiabilityX1063150696/9/2023Per Claim2,000,000BProf. LiabilityX1063150696/9/20236/9/2025Aggregate2,000,000RE: MS4 Permit Consulting.City of Manhattan Beach, its officers, employees, agents and volunteers are included as Additional Insured as their interests may appear in regards to Commercial General Liability and Automobile Liability policies per the attached endorsement, as required by written contract. This insurance is Primary and Non-contributory to any other insurance provided as respects Commercial General Liability policy as required by written contract. Waiver of Subrogation in favor of the certificate holder with regard to the Commercial General Liability policy, as required by written contract. The Non-Owned and Hired Auto Liability Limit Is Subject To The General Liability Per Occurrence Limit. Professional Liability is a claims made policy and includes Waiver of Subrogation Provision as required by written contract.

City of Manhattan BeachDept. of Public Works3621 Bell AvenueManhattan Beach, CA 90266 MCGOCON-03LAHRJ
IOA Insurance Services3875 Hopyard RoadSuite 200Pleasanton, CA 94588Jacqueline [email protected] Insurance CompanyTravelers Casualty & Surety Company of America 6/9/2025

X XXX X
DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
04/10/2023
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
Automatic Data Processing Insurance Agency, Inc.
1-800-524-7024
McGowan Consulting LLC
412 Olive Ave
Huntington Beach CA 926485142
Rated by Multiple Companies
2955883
A Y Y 76WEGAD1DKK 05/01/2023 05/01/2024 1,000,000
1,000,000
1,000,000
This certificate has a blanket Waiver of Subrogation for the following state(s) :CA City of Manhattan Beach, Attn: Dept. of Public Works
3621 Bell Avenue
Manhattan Beach CA 90266
DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F
      

     
  

    
      

 
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DocuSign Envelope ID: C8BFC4A2-3298-438B-A1F3-111154C0384F