1 CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at the City of Redondo Beach, California, as of January 5, 2021 by and between the CITY OF REDONDO BEACH, a chartered municipal corporation (“CITY”), and KEYSER MARSTON ASSOCIATES, INC., a California corporation (“CONSULTANT”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit “A”.
The parties to this Agreement agree that Consultant, in performing the services described in Exhibit A, will not make any warranties or guarantees as to the future value of any real or personal property, nor will it make any express warranties or guarantees of estimated or probable construction cost or cost estimates being exceeded, nor will it guarantee the availability of funds or specified rates of return and/or interest. Further, the parties agree that Consultant will not perform services as a construction manager, appraiser of the fair market value of real estate, real estate broker, or agent, or property manager.
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all billings for said services to City in the manner specified in Exhibit “B”.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for furnishing services pursuant to this Agreement.
4. General Provisions. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control only insofar as it is inconsistent with the general provisions.
5. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement. 2 EXECUTED as of the day first above-stated.
CITY OF REDONDO BEACH, KEYSER MARSTON ASSOCIATES, INC., a chartered municipal corporation a California corporation By: By:
William C. Brand
Title: Mayor Title:
ATTEST:
___________________________________
Eleanor Manzano, City Clerk
APPROVED:
___________________________________
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
___________________________________
Michael W. Webb, City Attorney
President & Managing Principal
3 EXHIBIT A
SCOPE OF SERVICES
1. Upon the City’s request, Consultant shall perform disposition and financial advisory consulting services for the City, including but not be limited to, the following services.
2. Consult, assist, and advise the City with respect to marketing, financial and disposition issues.
3. Participate in formal and informal discussions and presentations with potential developers and community officials.
4. Undertake an evaluation of existing economic feasibility studies and prepare the highest and best use analysis.
5. Perform financial testing of land use and development concepts, including review of projected development cost, income, and financing for private capital.
6. Advise on alternative financing options for a public private partnership, including funding of public improvements and private investment.
7. Structure options for land disposition business terms, including reuse fair market value and reuse value, ground leases and participating land sales.
8. Assist City staff in drafting documents, including without limitation the Summary Report under Section 33433 pursuant to the California Redevelopment Law.
METHOD AND TIME OF PERFORMANCE
This Agreement shall commence on November 1, 2020 and continue until October 31, 2022, unless otherwise terminated as herein provided. Consultant shall perform the services described herein within a time schedule as mutually agreed upon by both parties. 4 EXHIBIT B
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
1. Amount. Consultant shall be paid in accordance with the following hourly rate schedule.
Chairman, President, Managing Principals* $280.00
Senior Principals* $270.00
Principals* $250.00
Managers* $225.00
Senior Associates $187.50
Associates $167.50
Senior Analysts $150.00
Analysts $130.00
Technical Staff $ 95.00
Administrative Staff $ 80.00
2. Expenses. Consultant shall be reimbursed for expenses at cost; provided however, that Consultant obtains City’s prior written authorization and documentation evidencing the expenditure. Reimbursable expenses include auto mileage, parking, delivery, electronic data processing, graphics and printing, airfares, hotels and motels, meals, car rentals, and taxies. All expenses must be reasonable. Reimbursement may be denied at the City’s sole discretion if those expenses are deemed unreasonable.
3. Not to Exceed Amount. Notwithstanding the foregoing, the total amount paid to Consultant shall not exceed $50,000.
4. Method of Payment. Consultant shall provide monthly invoices to City for approval and payment. Invoices must be based on the hours worked, staff, applicable billing rate, expenses incurred, in the month prior to the invoice submission. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City, and attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant shall provide any other back-up material upon request.
5. Schedule for Payment. City agrees to pay Consultant within thirty (30) days of the City’s receipt of the monthly invoice.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony
5 EXHIBIT C
GENERAL PROVISIONS
1. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.
2. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement.
3. Consultant's Liability. The Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of City or others, caused by or arising from the negligence of itself, its employees, or its agents during the progress of or connected with the rendition of services hereunder. Consultant shall defend and hold harmless and indemnify the City and its officials, officers, employees, volunteers, and contractors, from all costs and claims for damages to real or personal property, or personal injury to any party, resulting from the negligence or willful misconduct of itself, its employees, or its agents, arising out of the Consultant's performance of work under this Agreement. This obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
4. Equal Employment Opportunity. During the performance of this Agreement, the Consultant agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for employment because of race, color, age, religion, sex, national origin, or physical handicap. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, age, religion, sex, national origin, or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause. b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, national origin, or physical handicap. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 6 5. Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
6. Products of Consulting. All products of consulting, with the exception of computer models developed by Consultant, shall become the property of the City and shall be delivered to the City before the end of performance under this Agreement. Computer models remain the exclusive property of Consultant. Contractual obligations do not include access to or ownership transfer of any electronic data processing files, programs or models completed directly for or as by-products of any research effort, unless explicitly so agreed as part of this Agreement.
7. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least three (3) years after Consultant's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
8. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties.
9. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement.
10. Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
11. Changes. The City may, from time to time, request changes in the Scope of Services of the Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Agreement.
12. Termination. This Agreement may be terminated by either party on thirty (30) days written notice to the other. The effective date of cancellation being the 30th day of said written notice.
Consultant shall be entitled to the compensation earned by it prior to the date of termination, computed pro rata up to and including the date of termination.
13. Attorney's Fees. In the event that it becomes necessary for either party to this Agreement to bring a legal suit to enforce any of the provisions of this Agreement, the parties agree 7 that a court of competent jurisdiction may determine and fix reasonable attorney fees to be paid the successful litigant.
14. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
15. Non Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
16. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non-discrimination laws.
17. Non Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non exclusive, and City reserves the right to employ other contractors in connection with the project.
18. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
19. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
20. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
21. Notice. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Keyser Marston Associates, Inc.
500 South Grand Avenue, Ste 1480
Los Angeles, CA 90071
Attn: Kathe Head
City: City of Redondo Beach
Community Services Department
1922 Artesia Blvd
Redondo Beach, CA 90278
8 Attn: Angelica Zavala
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
9 EXHIBIT D
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, 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 of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
10 Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
11 Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
12/21/2020
MOC Insurance Services
License No. 0589960
101 Montgomery St., Suite 800
San Francisco CA 94104
Halidee Callejas
(415)957-0600 (415)957-0577
[email protected]
Keyser Marston Associates, Inc.
1299 4th Sreet Suite 408
San Rafael CA 94901
Massachusetts Bay Ins. Co. 22306
Allmerica Financial Benefit Co. 41840
Hanover Insurance Company 22292
GL-AUTO-UMB-E&O
A
X
X
X
X ZDFA49104906 12/1/2020 12/1/2021
1,000,000
500,000
10,000
1,000,000
2,000,000
Included
B
X
X
X Comp $500
X
X Coll $500
X AWFA490049 12/1/2020 12/1/2021
1,000,000
Uninsured motorist combined single limit 1,000,000
C
X X
X 0 X UHFA49117106 12/1/2020 12/1/2021
4,000,000
4,000,000
C Professional Liability LHFD42616503 12/1/2020 12/1/2021 Each Wrongful Act $1,000,000 Retention $25,000 Retro Date: 11/11/1976 Aggregate Limit $2,000,000 City of Redondo Beach, its officers, officials, employees and volunteers are named as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. This insurance is primary and non-contributory. 30 day notice of cancellation/10 day for non-payment of premium City of Redondo Beach
Community Services Department
1922 Artesia Blvd
Redondo Beach, CA 90278
Halidee Callejas/HCA
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
PER
STATUTE
OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
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.
INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (201401)
EXCESS PROFESSIONAL LIABILITY COVERAGE
POLICY NUMBER: MPX1008520
POLICY TERM: 08/21/2020 - 12/01/2021
CARRIER: BRIT GLOBAL SPECIALTY USA AM BEST RATING A XV
LIMITS:
$1,000,000 PER CLAIM
$1,000,000 PER AGGREGATE
Retroactive Date: 8/21/2020
COMMENTS/REMARKS
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
City of Redondo Beach, its officers, officials, employees and volunteers 12/01/2020 Halidee Callejas Keyser Marston Associates, Inc
Policy No: AWFA490049 Keyser Marston Associates, Inc
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
POLICY NUMBER: ZDFA49104906 Effective Date: 12/01/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)
or Organization(s): Location(s) of Covered Operations
It is understood and agreed that this insurance is
primary, and any other insurance maintained by the
Additional Insured shall be excess only and not
contributing with this insurance in regard to all
operations as pertains to the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project
City of Redondo Beach, its officers, officials, employees and volunteers
COMMERCIAL AUTO
CA 00 01 03 06
CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 12 !
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V ñ
Definitions.
SECTION I ñ COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Description Of Covered Auto Designation
Symbols
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos"
Only
Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins.
3 Owned Private
Passenger
"Autos" Only
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned "Autos"
Other Than Private Passenger
"Autos" Only
Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins.
5 Owned "Autos"
Subject To NoFault
Only those "autos" you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have NoFault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos"
Subject To A
Compulsory Uninsured Motorists Law
Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically Described "Autos" Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three).
8 Hired "Autos"
Only
Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.
9 Nonowned
"Autos" Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs.
Keyser Marston Associates, Inc
Policy No: AWFA490049
19 Mobile Equipment Subject To
Compulsory Or
Financial Responsibility Or
Other Motor Vehicle Insurance
Law Only
Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.
B. Owned Autos You Acquire After The Policy
Begins
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered
next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that coverage only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that coverage; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that coverage.
C. Certain Trailers, Mobile Equipment And
Temporary Substitute Autos
If Liability Coverage is provided by this Coverage
Form, the following types of vehicles are also covered "autos" for Liability Coverage:
1. "Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any "auto" you do not own while used with the
permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
SECTION II ñ LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is
caused by the same "accident".
We have the right and duty to defend any "insured"
against a "suit" asking for such damages or a
"covered pollution cost or expense". However, we
have no duty to defend any "insured" against a
"suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we
consider appropriate. Our duty to defend or settle
ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto". This
exception does not apply if the covered
"auto" is a "trailer" connected to a covered "auto" you own.
CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 3 of 12 ! (2) Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company), or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.
c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability.
2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts
within our Limit of Insurance.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the "insured" in
any "suit" against the "insured" we defend.
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of
the judgment that is within our Limit of
Insurance.
These payments will not reduce the Limit of
Insurance.
b. Out-Of-State Coverage Extensions
While a covered "auto" is away from the
state where it is licensed we will:
(1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This
extension does not apply to the limit or
limits specified by any law governing
motor carriers of passengers or property.
(2) Provide the minimum amounts and
types of other coverages, such as nofault, required of out-of-state vehicles by the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Exclusions
This insurance does not apply to any of the following:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "insured".
2. Contractual
Liability assumed under any contract or agreement.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or
b. That the "insured" would have in the absence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under any
workers' compensation, disability benefits or
unemployment compensation law or any similar
law.
4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out of
and in the course of:
(1) Employment by the "insured"; or
Keyser Marston Associates
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Other Insurance - Primary and Non-Contributory
(Additional Insured)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to Section IV - Commercial General Liability Conditions
4. Other Insurance
a. Additionallnsureds
If you agree in a written contract, written
agreement or permit that the insurance
provided to any person or organization
included as an Additional Insured under
Section II - Who is An Insured, is
primary and non-contributory, the
following applies:
If other valid and collectible insurance is
available to the Additional Insured for a
loss we cover under Coverages A or B
of this Coverage Part, our obligations
are limited as follows:
1.Primary Insurance
This insurance is primary to other
insurance that is available to the
Additional Insured which covers the
Additional Insured as a Named
Insured. We will not seek
contribution from any other
insurance available to the Additional
Insured except
i. For the sole negligence of the
Additional Insured;
ii. when the Additional Insured is
an Additional Insured under
another primary liability policy;
or
iii. when 2. below applies.
If this insurance is primary, our
obligations are not affected unless
any of the other insurance is also
primary. Then, we will share with all
that other insurance by the method
described in 3. below.
2. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other
basis:
421-0452 06 07
(a) That is Fire, Extended
Coverage, Builder's
Risk, Installation Risk or
similar coverage for
"your work";
(b) That is Fire insurance
for premises rented to
the Additional Insured
or temporarily occupied
by the Additional
Insured with permission
of the owner;
(c) That is insurance
purchased by the
Additional Insured to
cover the Additional
Insured's liability as a
tenant for "property
damage" to premises
rented to the Additional
Insured or temporarily
occupied by the
Additional with
permission of the
owner; or
(d) If the loss arises out of
the maintenance or use
of aircraft, "autos" or
watercraft to the extent
not subject to Exclusion
g. of Section I
Coverage A - Bodily
Injury And Property
Damage Liability.
When this insurance is excess, we will have
no duty under Coverages A or Bto defend the
insured against any "suit" if any other insurer
has a duty to defend the insured against that
"suit". If no other insurer defends, we will
undertake to do so, but we will be entitled to
the insured's rights against all those other
insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
Includes copyrighted material of Insurance Services Offices, Inc., with its permission Policy No:ZDFA49104906 ,Inc
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and selfinsured amounts under all that other insurance.
We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically
to apply in excess of the Limits of
Insurance shown in the Declarations of
this Coverage Part.
421-0452 06 07
3. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable limit of insurance
to the total applicable limits of insurance
of all insurers.
Includes copyrighted material of Insurance Services Offices, Inc., with its permission 1011680
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
05/15/20
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Services, Inc of Florida
1001 Brickell Bay Drive, Suite #1100
Miami, FL 33131-4937
CONTACT
NAME: Aon Risk Services, Inc of Florida
PHONE
(A/C, No, Ext): 800-743-8130
FAX
(A/C, No): 800-522-7514
EMAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : American Home Assurance Co. 19380
INSURED
ADP TotalSource DE IV, Inc.
10200 Sunset Drive
Miami, FL 33173
L/C/F
Keyser Marston Associates, Inc.
1299 Fourth Street, Suite 408,
San Rafael, CA 94901
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 2934207 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED.
INSR
LTR TYPE OF INSURANCE ADDLINSR
SUBR
WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $
OTHER $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
SCHEDULED
AUTOS BODILY INJURY (Per accident) $
HIRED
AUTOS ONLY
NON-OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEC RETENTION $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A WC 027119589 CA 7/1/2020 7/1/2021
X
PER
STATUTE
OTHER
E.L. EACH ACCIDENT $ 2,000,000
E.L. DISEASE - EA EMPLOYEE $ 2,000,000
E.L. DISEASE - POLICY LIMIT $ 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See attached Certificate Holder Cancellation Notice.
All worksite employees working for KEYSER MARSTON ASSOCIATES, INC., paid under ADP TOTALSOURCE, INC’s payroll, are covered under the above stated policy.
CERTIFICATE HOLDER CANCELLATION
City of Redondo Beach
1922 Artesia Blvd.
Redondo Beach, CA 90278
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1011680
POLICY HOLDER NOTICE
CERTIFICATE HOLDER CANCELLATION NOTICE SCHEDULE
Should this policy be cancelled before the expiration date hereof, the producer will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to do so shall impose no obligation or liability of any kind upon the insurer, the producer, or the respective agents or representatives of each.
SCHEDULE:
CERTIFICATE HOLDERS AS IDENTIFIED ON THE MOST RECENT QUARTERLY
SCHEDULE OF CERTIFICATE HOLDERS PROVIDED BY THE INSURED'S BROKER OF RECORD TO THE INSURER.