Agreement for Legal Services with Colantuono Highsmith & Whatley PC.pdf

AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made this 18th day of April, 2023, by the CITY OF REDONDO BEACH, a municipal corporation, (" CITY"), and COLANTUONO 1- 1161- ISMITI. 1 & WHATLEY PC (" ATTORNEY").

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Redondo Beach City Council authorization on April 18, 2023.

2. The CITY is a municipal corporation duly organized and validly existing under the laws ofthe State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

3. The CITY and ATTORNEY desire to enter into an Agreement for services upon the terms and conditions herein.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

Term of Agreement. This Agreement shall cover services rendered from April 18, 2023 and until terminated.

2. Services to be Provided. The services to be performed by ATTORNEY shall be limited to the following:

Review the amendment to the Redondo Beach City Charter proposed by the Charter Review Committee to change the City Attorney position from elected by the voters of the City to an appointed position for legal sufficiency and accuracy and drafting of ballot measure language that accurately describes the proposed Charter Amendment. Additionally, review of the Redondo Beach City Charter to ensure that all sections ofthe Charter that need to be amended are included in the proposed amendment to avoid any internal inconsistencies. Finally, to assist the City Clerk' s designee within the Clerk' s Department, upon request, with the drafting of the impartial analysis and defense of it should the impartial analysis be challenged in court. Michael G. ColantUono shall be the partner solely assigned from ATTORNEY to perform the above described services.

3. Compensation. ATTORNEY shall be compensated as follows:

3. 1 Amount. ($ 395 per hour). Compensation under this Agreement shall be paid only for assigned work and after approval of hourly billing statement by the City Attorney.

3. 2 Payment. For work under this Agreement, payment shall be made per monthly invoice.

3. 3 Records of Expenses. ATTORNEY shall keep accurate records oftime and expenses. These records will be made available to CITY.

3. 4 Hours. No specific number of hours of work is guaranteed. It is expected that Attorney' s services will be on an as needed basis depending upon the work load.

3. 5 Termination. CITY and ATTORNEY shall have the right to terminate this Agreement, without cause, by giving fifteen ( 15) days written notice.

4. Insurance Requirements.

4. 1 Workers' Compensation Insurance. ATTORNEY shall maintain Workers' Compensation Insurance where applicable.

4. 2 Insurance Amounts. ATTORNEY is not authorized to drive an automobile l'or the CITY or on CITY business.

4. 3 Malpractice Insurance. ATTORNEY shall maintain malpractice insurance in an amount satisfactory to the City' s Risk Manager.

5. Non -Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

Non -Discrimination. ATTORNEY covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor. It is agreed to that ATTORNEY shall work as an independent contractor and not as employee of CITY, and shall obtain no rights to any benefits which accrue to CITY' S employees.

8. Compliance with Law. ATTORNEY shall comply with all applicable laws, ordinances, codes, and regulations of the fiederal, state, and local government.

9. Ownership of Work Product, All documents or other information developed or received by ATTORNEY in the Course and scope of work for the City shall be the property, of CITY. ATTORNEY shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

10. Conflict of Interest and Reporting. ATTORNEY shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

ATTORNEY agrees to complete and file a California State Form 700 disclosure statement if required by the City Attorney.

11. Notices. All notices shall be personally delivered or mailed to the below listed addresses. These addresses shall be used for delivery of service of process.

Address of ATTORNEY is as follows:

Colantuono Highsmith & Whatley PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945- 5091
Attention: Michael Colantuono
b. Address of CITY is as follows:

City Attorney' s Office
415 Diamond Street
Redondo Beach, California 90277

12. Licenses, Permits, and Fees. ATTORNEY shall obtain an maintain a current California State Bar License, and all permits, fees, or licenses as may be required by this Agreement.

13. Familiarity with Work. By executing this Agreement, ATTORNEY warrants that: ( 1) he has investigated the work to be performed, ( 2) he has investigated the site of the work and is aware of all conditions there; and ( 3) he understands the difficulties and restrictions ofthe work under this Agreement. Should ATTORNEY discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at ATTORNEY' S risk, until instructions are received from CITY.

14. Time of Essence. Time is of the essence in the performance of this Agreement.

15. Limitations Upon Subcontracting and Assignment. Neither this Agreement or any portion shall be assigned by ATTORNEY without prior consent of the CITY ATTORNEY.

16. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

17. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by subsequent mutual written agreement executed by CITY and ATTORNI?Y.
1$. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the l. os Angeles County Superior Court.

19. Interpretation. ' Phis Agreement shall be interpreted as though prepared by both parties.

20. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

CITY OF REDONDO BEACH
DocuSigned by:

By• F6A14( 7941DF4F1
William C. Brand, Mayor
5/ 16/ 2023 1 2: 23 PM PDT
Date:

ATTEST:

D ocuSigned by:
n, w
By : 72F2AC716C214CF
Eleanor Manzano, City Clerk
APPROVED AT TO FORM:

DocuSigned by:
d k aub
By : 669049EDE03D402...

Michael W. Webb, City Attorney

COLANTUONO HIGHSMITH &

WHATLEY PC
By:

Michael G. Colantuono
President
Date: 3o a,+ 3
ACCOR " CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM/ DD/ YYYY)

CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 05/ 09/2023
THIS CERTIFICATE IS ISSUED ASA 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 CONTACT Lisa Anderson
NAME:

Shaw Moses Mendenhall & Associates Ins. Agency 626) 799- 7813 A ( 626) 799-8784 AICNNo Ext): C No :

License # OD94511 E- MAIL lisa@smmainsurance. com ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC # 625 Fair Oaks, Suite 158 South Pasadena CA 91030 INSURERA: Citizens Insurance Company ofAmerica 31534 INSURED INSURER B: Allmerica Financial Benefit 41840
COLANTUONO, HIGHSMITH & INSURER C: Massachusetts Bay Ins Company 22306 WHATLEY, PC. INSURER D: Associated Industries Insurance Co. 33758 420 SIERRA COLLEGE DR. STE 140 INSURER E
GRASS VALLEY CA 95945 INSURER F :

COVERAGES CERTIFICATE NUMBER: 2023-2024 REVISION NUMBER:

THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR TYPE OF INSURANCE
ADSL
INSD
UBR

WVD POLICY NUMBER MM/D

EFF ICY EXP O DD YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2, 000, 000 7CLAIMS- MADE OCCUR
DAMAGE PREM SESOEa occu« Dence $ 300, 000
MED EXP ( Any one person) $ 5, 000
PERSONAL & ADV INJURY $ A OB39898667 04/ 01/ 2023 04/01/ 2024 2, 000, 000 GEN' LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4, 000, 000 POLICY
PRO F—] 4, 000, 000
JECT LOC PRODUCTS - COMP/ OPAGG $
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000 Ea accident
X BODILY INJURY ( Per person) $ ANYAUTO
B

OWNED SCHEDULED

AUTOS ONLY AUTOS
AW3D900853 04/ 26/ 2023 04/ 26/ 2024 BODILY INJURY ( Per accident) $ PROPERTY DAMAGE $
Per accident

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY
Medical payments $ 5, 000
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3, 000, 000
AGGREGATE $ A EXCESS LIAB 3, 000, 000 CLAIMS - MADE
OB39898667 04/ 01/ 2023 04/01/ 2024
DED I X1 RETENTION $ 0
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
YIN

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
NIA WD39898674 04/ 01/ 2023 04/01/ 2024

X STATUTE
E. L. EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE- EA EMPLOYEE $ 1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ 1, 000, 000 D
Professional Liability
AES1223451 04/ 04/ 2023 04/04/2024 2, 000, 000/$ 4, 000, 000 25, 000 Deductible
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY PER ATTACHED ADDITIONAL INSURED ENDORSEMENT

CERTIFICATE HOLDER CANCELLATION
@ 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Redondo Beach
ACCORDANCE WITH THE POLICY PROVISIONS.
415 Diamond Street

AUTHORIZED REPRESENTATIVE
Redondo Beach CA 90277 lei i CL 7
@ 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD Effective 04/ 01/ 2023 to 04/ 01/ 2024
Colantuono, Highsmith & Whatley, PC
Hang
Insurance Croup..

OB3 9898667 1001140
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT EMII=-
I*. 11Rflill
SUMMARY OF COVERAGES imits Page

1. Additional Insured by Contract, Agreement or Permit Included 2 Addition al Insured - Broad Form Vendors
Alienated
Included nclude 2

3. II ..........

PremIsesIncluded
d . ----------
ll
3 4. Broad Form . ..................... . . . Form Property Damage - Borrowed Equipment, Customers I Included 3
Goods and Use of Elevators

5. Incidental Malpractice ( Employed Nurses, EMTs anParamedics) ' d Pics) d luded 3

6. Personal and Advertising Injury - Broad Form Included 4 Product Recall Expense Included 4
Product Recall Expense Each Occurrence Limit 125,000
5 Occurrence
Product Recall Expense Aggregate Limit 50, 000
5 Aggregate
Product Recall Deductible 500 5

8. Unintentional Failure to Disclose Hazards Included 6

9. Unintentional Failure to Notify Included
4 6
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.

The following changes are made to SECTION 11 -
LIABILITY:

1. Additional Insured by Contract, Agreement of
Permit
The following is added to SECTION 11 -
LIABILITY, C. Who Is An Insured:

Additional Insured by Contract, Agreement ot
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured only with
respect to liability for " bodily injury",
property damage", or " personal and
advertising injury" caused, in whole or in
part, by your acts or omissions, or the acts
or ornisslons of those acting on your behalf,
but only with respect to:
1) " Your work" for the additional insured( s)
designated in the contract, agreement or
permit;
2) Premises you own, rent, lease or
occupy; or
3) Your maintenance, operation or use Tri
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
1) Only applies to the extent permitted by
law; and
2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
4) Will not be broader than coverage
provided to any other insured.
5) Does not apply if the " bodily injury",
property damage" or " personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391- 1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page I of 6 c. This provision does not apply:
1) Unless the written contract or written
agreement was executed or permit was
issued prior to the " bodily injury",
property damage", or " personal injury
and advertising injury".
2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
3) To any lessor of equipment:
a) After the equipment lease expires; or
b) If the " bodily injury" property 2.
damage", " personal and advertising
injury" arises out of sole negligence
of the lessor.
4) To any:
a) Owners or other interests from whom
land has been leased if the
occurrence" takes place or the
offense is committed after the lease
fR r the land expires; or
b) Managers or lessors of premises if:

I) The " occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
R remises; or
ii) The " bodily injury" property
damage", " personal injury" or
advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
5) To " bodily injury", " property damage" or
personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the " occurrence" which caused the
bodily injury" or " property damage" or
the offense which caused the " personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
t. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION 11 - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:

The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:

1. Required by the contract, agreement or
permit described in Paragraph a.; or

2. Available under the applicable Limits oY
Insurance shown in the Declarations.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.

Additional Insured - Broad Form Vendors
The following is added to SECTION 11 -
LIABILITY, C. Who Is An Insured:

Additional Insured - Broad Form Vendors
a. Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for " bodily injury" or " property damage"
arising out of " your products" which are
distributed or sold in the regular course of
the vendor' s business.
b. The insurance afforded to such vendor
described above:
1) Only applies to the extent permitted by
law;
2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
3) Will not be broader than coverage
provided to any other insured; and
4) Does not apply if the " bodily injury",
property damage" or " personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto
c. With respect to insurance afforded to such
vendors, the following additional exclusions
apply:

The insurance afforded to the vendor does
not apply to:
1) " Bodily injury" or " property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
2) Any express warranty unauthorized by
you;
391- 1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 3) Any physical or chemical change in the
product made intentionally by the
vendor;
4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
5) Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course
of business in connection with the sale
of the product;
6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor' s
premises in connection with the sale of
the product;
7) Products which, after distribution or sale
by you, have been labeled or relabeled
or used as a container, part or
ingredient of any other thing or
substance by or for the vendor;
8) " Bodily injury" or " property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
a) The exceptions contained within the
exclusion in subparagraphs ( 4) or ( 6)
i#, #;
b) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
9) " Bodily injury" or " property damage"
arising out of an " occurrence" that took
place before you have signed the
contract or agreement with the vendor.
10) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
11) Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.

HiinqMInsura
OB3 9898667 1001140
The most we will pay on behalf of the vend
for a covered claim is the lesser of t
amount of insurance:

1. Required by the contract or agreeme
described in Paragraph a.; or

2. Available under the applicable Limits
Insurance shown in the Declarations;
This endorsement shall not increase t
applicable Limits of Insurance shown in t
Declarations. I
SECTION 11 - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage k.

Damage to Property, paragraph ( 2) is replaced by
the following:
2) Premises you sell, give away or abandon, if
the " property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
the property was transferred or abandoned.

4. Broad Form Prope Damage - Borrowed
Equipment, Customersiloods, Use of Elevators
a. The following is added to SECTION 11 -
LIABILITY, B. Exclusions, 1. Applicable To
Business Liability Coverage, k. Damage to
Property:

Paragraph ( 4) does not apply to " property
damage" to borrowed equipment while at a
Jobsite and not being used to perform
operations.

Paragraph ( 3), ( 4) and ( 6) do not apply to
property damage" to " customers goods"
while on your premises nor to the use of
elevators.
b. For the purposes of this endorsement, the
following definition is added to SECTION 11 -
LIABILITY, F. Liability and Medical Expenses
Definitions:

1. " Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance ( including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.

5. Incidental Malpractice - Employed Nurses, EMT` s
and Paramedics
d. With respect to the insurance afforded to SECTION 11 - LIABILITY, C. Who Is An Insured these vendors, the following is added to paragraph 2. a.( 11)( d) does not apply to a nurse, SECTION 11 - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
391- 1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6

7. Product Recall Expense " Product recall expense" arising out of any a. SECTION 11 - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391- 1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 ON • •
0 0 4 6 0

Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this
endorsement and the rules stated below
fix the most that we will pay under this
Product Recall Expense Coverage
regardless of the number of:
1) Insureds;
2) " Covered Recalls" initiated; or
3) Number of " your products"
withdrawn.
b. The Product Recall Expense Aggregate
d.

Limit is the most that we will reimburse
you for the sum of all " product recall
expenses" incurred for all " covered
recalls" initiated during the policy period.
c. The Product Recall Each Occurrence
Limit is the most we will pay in
connection with any one defect or
deficiency.
d. All " product recall expenses" in
connection with substantially the same
general harmful condition will be
deemed to arise out of the same defect
or deficiency and considered one
Itoccurrence".
e. Any amount reimbursed for " product
recall expenses" in connection with any
one " occurrence" will reduce the amount
of the Product Recall Expense Aggregate
Limit available for reimbursement of
product recall expenses" in connection
with any other defect or deficiency.
f. If the Product Recall Expense Aggregate
Limit has been reduced by
reimbursement of " product recall
expenses" to an amount that is less than
the Product Recall Expense Each
Occurrence Limit, the remaining
Aggregate Limit is the most that will be
available for reimbursement of " product
recall expenses" in connection with any
other defect or deficiency.
g. Product Recall Deductible
We will only pay for the amount of
product recall expenses" which are in
excess of the $ 500 Product Recall
Deductible. The Product Recall
Deductible applies separately to each
covered recall". The limits of insurance
will not be reduced by the amount of this
deductible.

We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
g
r
pOB3 9898667 1001140
of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.

The Product Recall Expense Limits of
Insurance apply separately to each
consecutive annual period and to any
remaining period of less than 12 months,
starting with the beginning of the policy
period shown in the Declarations, unless the
policy period is extended after issuance for
an additional period of less than 12 months.

In that case, the additional period will be
deemed part of the last preceding period for
the purposes of determining the Limits of
Insurance.

The following is added to SECTION 11 -
LIABILITY, E. Liability and Medical Expense
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

You must see to it that the following are
done in the event of an actual or anticipated
covered recall" that may result in " product
recall expense":
1) Give us prompt notice of any discovery
or notification that " your product" must
be withdrawn or recalled. Include a
description of " your product" and the
reason for the withdrawal or recall;
2) Cease any further release, shipment,
consignment or any other method of
distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
11 - LIABILITY, F. Liability and Medical
Expenses Definitions:

1. " Covered recall" means a recall made
necessary because you or a government
body has determined that a known or
suspected defect, deficiency,
inadequacy, or dangerous condition in
your product" has resulted or will result
in " bodily injury" or " property damage".

2. " Product recall expense( s)" means:
a. Necessary and reasonable expenses
for:
1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
391- 1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 2) Shipping the recalled produc"
from any purchaser, distributor•
user to the place or plac
designated by you;
3) Remuneration paid to yo
regular " employees" f•
necessary overtime;
4) Hiring additional persons, oth
than your regular " employees";
5) Expenses incurred by "employee
including transportation a
accommodations;
6) Expenses to rent addition
warehouse or storage space;
7) Disposal of " your product", b
only to the extent that speci
methods of destruction other th
those employed for tra
discarding or disposal a
required to avoid " bodily iniur
or " property damage" as a reSL
of such disposal,
you incur exclusively for the purpose
of recalling " your product"; and
b. Your lost profit resulting from such
covered recall".
f. This Product Recall Expense Coverage does
not apply:

FAJJK01
1) If the " products - completedoperations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
2) To " product recall expense" arising out of
any of " your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.

8. ' Inintentional Failure to Disclose Hazards
The following is added to SECTION 11 -
LIABILITY, E. Liability and Medical Expenses
General Conditions:

Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.

9. Unintentional Failure to Notify
The following is added to SECTION 11 -
LIABILITY, E. Liability and Medical Expenses
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

Your rights afforded under this Coverage Part
shall not be prejudiced if you fail to give us
notice of an " occurrenceoffense, claim or
solely due to your reasonable and documented
belief that the " bodily injury", " property damage"
or " personal and advertising injury" is not
covered under this Policy.
391- 1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 Effective 04/ 26/ 2023 to 04/ 26/ 2024
Colantuono, Highsmith & Whatley, PC
Tle
Hanowr
Insurance Group,,
AW3D900853 1001140
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement,

1. CANCELLATION EXTENSION
Paragraph A. CANCELLATION 2. b. of the
COMMON POLICY CONDITIONS is
replaced with the following:
b. 60 days before the effective date
of cancellation if we cancel for
any other reason,
14 46411 [* 0 1 79N# 4-1-11111140

2. EMPLOYEE HIRED " AUTOS"
Description Of Covered Auto
Designation Symbols; Symbol 8,
replaced by the foflowing-.
8 = Hired " Autos" Only - Only those
autos" You lease, hire, rent or borrow;
including " autos" your employee hires at
your direction, for the purpose of
conducting your business. This does not
include any " auto" you lease, hire, rent, or
borrow from any of your " employees" or
partners or members of their households.

3. BROADENED NAMED INSURED
The following is added to the SECTION 11 -
LIABILITY COVERAGE, Paragraph 1. Who
Is An Insured provisiom
d. Any business entity for which you
have a financial interest greater
than 50% of the voting stock or
otherwise have a controlling
interest after the effective date of
this policy or that is newly
acquired or formed by you during
the term of this policy.

The coverage provided by this
provision is afforded until
expiration or termination of
this policy, whichever occurs
earlier.

The coverage provided by this
provision does not apply to
any business entity described
in d. above that qualifies as an
insured under any other
automobile liability policy
issued to that business entity
as a named insured or would
have been an insured except
for the exhaustion of the
policy limits or the Insolvency
of the insurer.

The coverage provided by this
provision does not apply to
bodily injury" nor " property
damage" arising from an
accident that occurred prior to
your acquiring or forming the
business entity described in d,
above.

Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc,, 1996
461- 0155 ( 9- 97) Page 1 of 7
LIABILITY COVERAGE, Paragraph 1.

Is An Insured provision: i
e. Any employee of yours is an
insured" while using a covered
0 auto" you do not own, hire or
borrow in your business or your
personal affairs.
2) Up to $ 2500 for cost of bail bond
includ' ing bonds for related traffi
law violations) required because
of an " accident" we cover. We d
not have to furnish these bonds.

Paragraph ( 4) is replaced by the following:
4) All reasonable expenses incurred
by the " insured" at our request,
including actual loss of earnings
up to $ 500 a day because of time
off from work.
illy " AZIAel
This exclusion does not apply if the
bodily injury" arises from the use of a
covered " auto" you own or hire. This
coverage is excess over any other
collectible insurance
SECTION III - i PHYSICAL DAMAGE
COVERAGE.

The following is added to SECTION Ill -
PHYSICAL DAMAGE COVERAGE, A. 1.

COVERAGE -
d. E" nse; Of Returning A Stolen
Auto!'
We will pay for the expense of
returning a covered " auto" to you.
311E6 : • r
The most we will pay for " loss"' in
any one " accident" is the lesser
of:

1. The actual cash value of
the property as of the
time of the " loss"; or
Z The cost of repairing or
replacing the damaged or
stolen property with other
property of like kind and
quality; or

3. 2, 000.

Xx
Hitting a Bil« or nimail - Falling Objects
or Missiles:

Any deductible shown in the
Declarations as applicable to the
Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Copyright, Insurance Services Office, Inc., 1996
461- 0155 ( 9- 97) Page 2 of 7
H inover
111, surance GroupAW3D900853 1001140
covered " auto" wiil not apply to glass direction, for the purpose of breakage if such glass is repaired, conducting your business, for a rather than replaced, period of 30 days or less, of like kind and use as the " autos" you
9, TRANSPORTATION EXPENSE own, subject to the following:

Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following:

COVERAGE, A. COVERAGE is replaced
with the following: a. $ 50, 000 per accident, or
b, cash value, or

4. Coverage Extension c, the cost of repair,
We will pay up to $ 50 per day to a minus the deductible equal to the maximum of $ 1500 for temporary lowest deductible applicable to transportation expense incurred any owned " auto" for that by you because of the total theft of coverage. Any deductible shown a covered " auto" of the private in the Declarations does not apply passenger type, We will pay only to " loss" caused by fire or for those covered "' autos" for lightning. Subject to the limit and which you carry either deductible stated above, we will Comprehensive, or Specified provide coverage equal to the Causes of Loss Coverage, We will broadest coverage provided to pay for temporary transportation any covered " auto"' you own, that expenses incurred during the is applicable to the loss. period beginning 24 hours after
the theft and ending, regardless of If the loss arises from an accident the policy s expiration, when the for which you are legally liable covered " auto" is returned to use and the lessor incurs an actual or we pay for its " loss", financial loss from that accident, we will cover the lessor s actual

10. HIRED AUTO PHYSICAL ICDAMAGE financial loss of use of the hired auto" for a period of up to seven
The following is added to SECTION III - consecutive days from the date of PHYSICAL DAMAGE COVERAGE, A. the accident, Subject to a limit of COVERAGE: 1, 000 per accident.

5. Hired Auto Physical Damage 11, AUDIO, VISUAL AND DATA

ELECTRONIC EQUIPMENT COVERAGE
If hired " autos" are covered
autos" for Liability Coverage and The following is added to SECTION III - if Physical Damage Coverage of PHYSICAL DAMAGE COVERAGE, A.

Comprehensive, Specified Causes COVERAGE:
of Loss, or Collision is provided
under this Coverage Form for any 6. Audio, Visual and Data Electronic auto"` you own, then the Physical Equipment Coverage
Damage Coverage( s) provided is
extended to, " autos" you hire We will pay for " toss" to any without a driver or your employee electronic equipment that receives hires, without a driver, at your
Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Copyright, Insurance Services Office, Inc., 1996
461- 0155 ( 9- 97) Page 3 of 7
or transmits audio, visual or data, equipment is permanently signals and that is not designed installed in the covered solely for the reproduction of auto", and
sound, This coverage applies b. Permanently installed
only if the equipment is in the opening of the dash
permanently installed in the or console normally used
covered " auto"' at the time of the by the manufacturer for loss" or the equipment is the installation of a radio,
removable from a housing unit
which is permanently installed in With respect to coverage herein, the covered auto at the time of the LIMIT OF INSURANCE
the " loss", and such equipment is provision of PHYSICAL IDAMAGE designed to be solely operated by COVERAGE is replaced by the use of the, power from the " auto s" following:
electrical system, in or upon the
covered " auto", including its 1 The most we will pay for all antennas and other accessories. loss," to audio, visual or data However , this does not include electronic equipment and any tapes, records or discs. accessories used with this
equipment as a result of any
The exclusions that apply to one " accident" is the lesser of

PHYSICAL DAMAGE COVERAGE,
except for the exclusion relating to a. The actual cash value of Audio, Visual and Data Electronic the damaged or stolen Equipment, also apply to coverage property as of the time of providedherein. In addition, the the " loss"; or
following exclusions apply: b. The cost of repairing: or replacing the damaged or
We will not pay , under this stolen: property with other coverage, for either any electronic property of like kind and equipment or accessories used quality; or
with such electronic equipment c. $ 500.
that is:

2. An adjustment for
t Necessary for the normal depreciation and physical
operation of the covered condition will be made in
auto"" or the monitoring of determining actual cash value the covered " auto s" at the time of the " loss".
operating system; or

3. Deductibles applicable to
2, Both: PHYSICAL DAMAGE
COVERAGE, do not apply
a. An integral part of the to this Audio, Visual and Data same unit housing any Electronic Equipment
sound reproducing Coverage.
equipment designed
solely for the If there is other coverage provided
reproduction of sound if by this policy for audio, visual and the sound reproducing data electronic equipment, the
coverage provided herein is
Includes copyrighted material of Insurance Services Office, Inc. with its permission'.

Copyright, Insurance Services Office, Inc,, 1996
461- 0155 ( 9-97) Page 4 of 7
excess. However, you may elect
to apply the limit or any portion
thereof of coverage provided
herein to pay any deductible that
is applicable under the provisions
of the other coverage.
a
A ZU,
The following is added to SECTION III'.

PHYSICAL DAMAGE COVERAGE, A.

COVERAGE:
i. Rental Reimbursement and
Material Transfer Expense
This coverage provides only those
Physical Damage Coverages
where a premium is shown in the
Declarations. It applies only to a
covered " auto" described or
designated to which the Physical
Damage Coverages apply..

We will pay for auto rental
expenses and the expenses„
incurred by you because of" loss°"
to a covered " auto", to remove
and transfer your materials and
equipment from the covered
auto" . Payment applies in
addition to the otherwise
applicable amount of each
coverage you have on a covered
auto'% No deductibles apply to
this coverage.

We will pay only for those auto
rental expenses incurred during
the policy period beginning 24
hours after the " loss" and ending,
regardless of the policy s
expiration, with the lesser of the
following number of days:

1. The number of days
reasonably required to
repair or replace the
R
Ha" ne r
Insur t aa, ; ro ap.-
AW3 D90088 1001140
covered "auto". If loss is
caused by theft, this
number of days is added
to the number of days it
takes to locate the covered
auto" and transport it to a
repair shop.

Our payment is limited to the
Messer of the following amounts;.

1. Necessary and actual
expenses incurred,
including loss of use.

This auto rental expense coverage
does not apply while there are
spare or reserve " autos" available
to you for your operations.

If "' loss" results from the total theft
of a covered " auto" of the private
passenger type, we willl pay under
this coverage only that amount of
your rental reimbursement
expenses which is not already
provided for under the SECTION'
III - PHYSICAL CDAMAGE.

COVERAGE, A. 4. Coverage
Extension.
w w
DA
w w - w w

COVERAGE,
paragraph
The portion of this exclusion relating to
mechanical or electrical breakdown does
not apply to the accidental discharge of an
airbag. This coverage is excess of other
collectible insurance or warranty. No
deductible applies to this Airbag
Coverage.

Includes copyrighted, material of Insurance Services Office, Inc. with its permission, Copyright, ( insurance Services Office, Inc,, 1996
461- 0155 (- 97) Page 5 of 7

14. ATTO LOAN PHYSICAL DAMAGE

EXTENSION
Of Insurance provision:

When a " loss" results in a total loss to a
covered auto you own for which a Loss
Payee is designated in, this policy, the
most we will pay for " loss" in any one
accident" is the greater of:

1. The actual cash value of the
damaged or stolen property as of
the time of the "'loss"; or

2. The outstanding balance of the
initial loan, less any amounts for
taxes, overdue payments, overdue
payment charges, penalties,
interest , any charges for early
termination of the loan, costs for
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan, and
carry- over balances from previous
loans.

UMIS Ilk
SVW fllaefl VC7W.- CMM'
Of Insurance provision:

If, because of damage, destruction or theft
of a covered " auto", which is a long- term
leased " auto", the lease agreement
between you and the lessor is terminated,
we"" will' pay the difference between the
amount paid under paragraph C. LIMIT OF
INSURANCE 1. or 2. and the amount due
at the time of " loss"' under the terms of
the lease agreement applicable to the
leased " auto" which you are required to
pay: less any fees to dispose of the auto;
any overdue payments; financial penalties
imposed under a Ilease for excessive use,
abnormal wear and tear or high mileage;
security deposits not refunded by the
lessor; cost for extended warranties,
Credit Life Insurance, Health, Accident or
Disability Insurance purchased with: the
loan,; and carry over balances from
previous leases.

This coverage applies only to the initial
lease for the covered " auto" which has not
previously been leased. This coverage is
excess over all other collectible
insurance.

CLAIM, SUIT OR LOSS
d. Knowledge of any " accident",
claim, " suit" or " loss" will be
deemed knowledge by you when
notice of such " accident",
claim, " suit" or " loss" has been
received byi
1) You, if you are an individual;
2) Any partner or insurance
manager if you are a
partnership; or
3) An executive officer or
insurance manager if you are
a corporation.

Paragraph 5, Transfer Of Rights Of
Recovery Against Others To Us, SECTION
IV - BUSINESS AUTO CONDITIONS, A.

Loss Conditions is replaced by the
following:

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

5. Transfer Of Rights Of Recovery
Against Others To Us
If any person or organization to or
for whom we make payment
under this Coverage Form has
rights to recover damages from
another, which have not been
waived through the execution of
an " insured contract", written
agreement, or permit, prior to the
accident" or " loss" giving rise to
the payment, those rights to
recover damages from another
are transferred to us. That person
or organization must do
everything necessary to secure
our rights and must do nothing
after the " accident"' or " loss"' to
impair them,
The following is added to SECTION IV
BUSINESS AUTO CONDITIONS. B.

General Conditions, paragraph 2.

Concealment, Misrepresentation Cr Fraud:

Your unintentional error in disclosing,
or failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice
your rights under this Coverage Form.

However, this provision does not affect
our right to collect additional premium
or exercise our right of cancellation or
nonrenewal,
Hiinover
Insurance GroupAW3D900853 1001140

19. HIRED AUTO - WORLDWIDE

COVERAGE
e. Outside the coverage territory
described in a., b., c., and d,
above for an " accident" or " loss"
resulting from, the use of a
covered " auto"' you hire, without a
driver, or your employee hires
without a driver, at your direction,
for the purpose of conducting; your
business, for a period of 30 days
or less, provided the, suit is
brought within The United States
of America or its territories or
possessions.

SECTION V - DEFINITIONS

20. MENTAL ANGUISH
Paragraph C. " Bodily injury", SECTIONV -
DEFINITIONS is replaced by the following:

C. " Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Copyright, Insurance Services Office, Inc., 1996
461- 0155 ( 9- 97) Page 7 of 7
Effective 04/ 26/ 2023 to 04/ 26/ 2024
Colantuono, Highsmith & Whatley, PC
Tle
Hanowr
Insurance Group,,
AW3D900853 1001140
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement,

The coverage provided by this
provision is afforded until
expiration or termination of
this policy, whichever occurs
earlier.

Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc,, 1996
461- 0155 ( 9- 97) Page 1 of 7
LIABILITY COVERAGE, Paragraph 1.

The following is added to SECTION Ill -
PHYSICAL DAMAGE COVERAGE, A. 1.

1. The actual cash value of
the property as of the
time of the " loss"; or
Z The cost of repairing or
replacing the damaged or
stolen property with other
property of like kind and
quality; or

3. 2, 000.

Xx
Hitting a Bil« or nimail - Falling Objects
or Missiles:

Any deductible shown in the
Declarations as applicable to the
Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following:

COVERAGE, A. COVERAGE is replaced
with the following: a. $ 50, 000 per accident, or
b, cash value, or

5. Hired Auto Physical Damage 11, AUDIO, VISUAL AND DATA

ELECTRONIC EQUIPMENT COVERAGE
If hired " autos" are covered
autos" for Liability Coverage and The following is added to SECTION III - if Physical Damage Coverage of PHYSICAL DAMAGE COVERAGE, A.

PHYSICAL DAMAGE COVERAGE, A.

Our payment is limited to the
Messer of the following amounts;.

1. Necessary and actual
expenses incurred,
including loss of use.

This auto rental expense coverage
does not apply while there are
spare or reserve " autos" available
to you for your operations.

COVERAGE, A. 4. Coverage
Extension.
w w
DA
w w - w w

Includes copyrighted, material of Insurance Services Office, Inc. with its permission, Copyright, ( insurance Services Office, Inc,, 1996
461- 0155 (- 97) Page 5 of 7

14. ATTO LOAN PHYSICAL DAMAGE

EXTENSION
Of Insurance provision:

When a " loss" results in a total loss to a
covered auto you own for which a Loss
Payee is designated in, this policy, the
most we will pay for " loss" in any one
accident" is the greater of:

1. The actual cash value of the
damaged or stolen property as of
the time of the "'loss"; or

UMIS Ilk
SVW fllaefl VC7W.- CMM'
Of Insurance provision:

This coverage applies only to the initial
lease for the covered " auto" which has not
previously been leased. This coverage is
excess over all other collectible
insurance.

Paragraph 5, Transfer Of Rights Of
Recovery Against Others To Us, SECTION
IV - BUSINESS AUTO CONDITIONS, A.

Loss Conditions is replaced by the
following:

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

General Conditions, paragraph 2.

Concealment, Misrepresentation Cr Fraud:

Your unintentional error in disclosing,
or failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice
your rights under this Coverage Form.

However, this provision does not affect
our right to collect additional premium
or exercise our right of cancellation or
nonrenewal,
Hiinover
Insurance GroupAW3D900853 1001140

19. HIRED AUTO - WORLDWIDE

SECTION V - DEFINITIONS

20. MENTAL ANGUISH
Paragraph C. " Bodily injury", SECTIONV -
DEFINITIONS is replaced by the following:

C. " Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Copyright, Insurance Services Office, Inc., 1996
461- 0155 ( 9- 97) Page 7 of 7
Effective 04/ 01/ 2023 to 04/ 01/ 2024
Colantuono, Highsmith & Whatley, PC
The
Hanover
Insurance Group..

OB3 9898667 1001140
MINIMUM 11111 14MOIN, I'm ......

IMIWO 1010"WINIM111A

Redondo Beach City CouncilJune 3, 2025

Redondo Beach City Council
June 3, 2025