AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND KOSMONT & ASSOCIATES, INC. DBA KOSMONT COMPANIES
THIS AGREEMENT FOR CONSULTING SERVICES ( this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Kosmont & Associates, Inc., a California Corporation dba Kosmont Companies Consultant" or" Contractor").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit " B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C'.
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit "D", unless otherwise waived by the City' s Risk Manager.
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant' s sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, 1 and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant' s consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant' s own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. 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 project or 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 four 4) 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.
2 7. Changes and Extra Work. Unless otherwise provided herein, all changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant' s profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant' s finished or unfinished work product through the time of the City' s last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not. 3 12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant' s breach of this Agreement.
13. 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. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest ( as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively " Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant' s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
4 b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. 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.
16. 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.
17. 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.
18. Non- Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non- discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent ( 25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant ( whether 5 Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant' s assets occurs, which reduces Consultant' s assets or net worth by twenty-five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
24. 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 Consultants in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement.
27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
6 28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
30. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant' s expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
34. 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.
35. 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 7 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.
36. 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.
SIGNATURES FOLLOW ON NEXT PAGE
8 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 6th day of August, 2024.
CITY OF REDONDO BEACH, KOSMONT & ASSOCIATES, INC.,
a chartered municipal corporation a California corporation dba Kosmont Companies
DocuSigned by:
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James A. Light, Mayor Name:
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Title: CEO
ATTEST: APPROVED:
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by:
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Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
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by:
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Michael W. Webb, City Attorney
9 EXHIBIT "A"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Upon express written request by, and as needed in the discretion of, the City, the Consultant shall provide the following services.
A. Leasing marketing services and assistance with negotiation of leasing agreements for critical city-owned properties.
Upon the City' s request, Consultant shall provide leasing support for cityowned properties, including but not limited to, assistance with marketing for future tenants and evaluation and negotiation of existing and potential future leaseholds.
B. Real Estate Appraisal Services as needed.
Upon the City' s request, Consultant shall provide real estate advisory appraisal services as well as property title and historic analysis.
It is understood that this is not an open-ended fee agreement. Specifically, before Consultant, or any of its' related entities, provide any of the services listed above, or any other commission- based services to the City, Consultant must first obtain express written approval from the City Manager or the Waterfront & Economic Development Director, and if requested, an estimated budget, for the specific task to be performed.
Failure to obtain prior express written approval from the City Manager or Waterfront & Economic Development Director will result in non- payment of invoices associated with the services. Related entities include, but are not limited to, Kosmont Realty Corporation.
10 EXHIBIT " B"
TERM AND TIME OF COMPLETION
Term. This Agreement shall commence on August 7th, 2024 and shall continue until August 6th, 2025, unless otherwise terminated as provided herein. 11 EXHIBIT " C"
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 attached rate and expense schedule. In no event, shall the total amount paid to Consultant exceed 50, 000.
2. METHOD OF PAYMENT. Consultant shall provide invoices to City for approval and payment. Invoices must provide hourly rate, staff title, description of services performed, date of service, itemized expenses, and attached receipts of the expenses. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.
3. SCHEDULE FOR PAYMENT. Monthly in arrears based upon the time spent during the previous month for which an invoice shall be submitted. City agrees to pay Consultant within thirty ( 30) days of receipt of monthly invoices; provided, however, that services are completed to the City' s full satisfaction.
4. 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: Kosmont & Associates, Inc.
1601 N. Sepulveda Blvd. # 382
Manhattan Beach, CA 90266
Attention: Larry Kosmont
Cam: City of Redondo Beach
Waterfront and Economic Development
415 Diamond Street
Redondo Beach, CA 90277
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 12 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.
Kosmont Companies
2024 Public Agency Fee Schedule
Professional Services
Chairman & CEO 430/ hour
President 355/ hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director 335/ hour Vice President/Project Advisor 225/ hour
Senior Project Analyst 175/ hour
Project Analyst/Project Research 155/ hour
Assistant Project Analyst/Assistant Project Manager 135/ hour Project Promotion/ Graphics/ GIS Mapping Services 85/ hour Clerical Support 70/ hour
Additional Expenses
In addition to professional services ( labor fees):
An administrative fee for in- house copy, fax, copy, fax, phone, postage costs, digital/ technological support and related administrative expenses will be charged, which will be computed at four percent ( 4. 0 %) of monthly Kosmont Companies professional service fees incurred; plus
1. Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost.
2. Project/ Market data sources for support of evaluation and analysis e. g., ESRI, Placer. ai, Costar/STR, IMPLAN, ParcelQuest and other based on quoted project cost.
3. If Kosmont retains Third Party Vendor(s) for Client ( with Client' s advance approval), fees and cost will be billed to Client at 1. 1 X (times) fees and costs.
4. Consultant' s attendance or participation at any public meeting, whether such participation is in person, digital, video and/ or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this schedule.
Charges for Court/ Deposition/Expert Witness- Related Appearances Court- related ( non- preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1. 5 times scheduled rates, with a 4- hour minimum.
13 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: $ 2, 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 self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee 14 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:
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
15 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.
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.
16 CERTIFICATE OF LIABILITY INSURANCE
DATE( / / YYYY)
6/ 17/ 2024
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 AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT DESCRIPTION OF PE ATI S/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City its officers, elected and appointedofficials, employees, and volunteers re included as additionalinsured r written contract respects to General Liability. insurance is primary tri t i subrogation i in favor of the cert holder Seeattached Businessi i it Endorsement
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temporarycustody of yourproperty if you ans,"ing out of e operation, q p of e i
e, but only
only n other insurance t ` s a
Withrespectto Habilitryarising otit of the to that Person or organizabion ' for, this liability. 2) Until your, legal representative 11as wfth respect.to, beenappointed. a. Tod,-H injury
d- Legal Repre',"sentative If You; Die persoindriving the equipment, or Property damagell" Your legal representative if you die, but to property owned by, onlywith respeddo dubJes s such, That, rented ,,, in the, c' a of or occupied by w
f° I m u
dul,Jes under this insurance, am tInsured his provision.
Operator e. 4, Subsidiary
Any m mW w m o Ip , t thereof. Nth c ou , ' not o that
l
s whlich is, leg'ally i cl , r and d entity, is lessthan ,51 feet long, and is not beling of ich you own a finandialarry e ' for o m oit*e , m 0 b voting stock r insured wh moperatingsuc N
eftetive date of,this Coverage, Part your pernnission. Any, other person o The m s or e I i for m
m ruzafion responsible e of
mc
ubs , not I to o
I mM , s,
person m also a i
s , only
as a nameed insured does not, apply ' to
mto,
respect, to fiability arising out of the operation
k o t e
rly iage
insurance o that
mm under, ; s i gym
E
m m
person m ca mi i this li slit
imps under nw, t m policy, m m Nl" be
I
a
de m c is m fo r 1
termination or, upon Ittive exhaustion of i ts,
IIM its in suranc Boidily i b " co-" employee"
Newly Ac,quired Organization rsion operating the m
craft or
m m
r m a ' ; ; III by,
other m m Ii jointm m to,, in4 r of or «
limited kability c-,ainipanyi and over which you
an 11"nsured Under this, provision..
ou or the emplayer of any person who is
the ° gym ; will a m y assnm
Insured If there Its no oit[ier, similar insUrance
r
avai lab I e to' that,organization. However:
a., Coverage undier this provision afforded A i m
one Il r e ae i r N
m'' form a //" ' i ( rill f `% i/''r,. the., organization i i end of the Polity penod, whichever is earfier; and
SS 08, 014 2 ,
k tlPYul/, fU1f1. G
BUSINESS UABILITYCOVERAGE FORM
e) AnyIVI! aiure, to make suc
r
D N "
r / r jGyI , %
s III t
ar
1, i"
a
n f
6 U
rl a
l
J
e 14011' I/"`/
III'
I'
uridertalkes to make In the usual
1010 course, us ess,, an connection
I4 W" th A s MV^ I jY i,
Dem
e
li -
i„
ration,IVY'
i. ..-
I a , i ,
servicing
I'
repair, ions
rw r „,, 6 1; N err% r except such operafions pe.,fformed premises
GonnectJon with the saile of the
persion or argani,zation is, ' Inclulded, as an
I s i
1 r
c ° is r k try ° o f
by' Us and made, a part of this Coverage Part, or s e byyou have, been i I, c rill ° s as, °
rs, aidd ; I l insureds under, specific, ant ner, part or inligredient iing or substance by or for
damage" ansing out of the sole An petrsvon( s or Mi
q
ve
s ( relbrredto
as N
nI glog g , c v ndfo its
f
ylc I,
prormrty, daniliage,"° arising
o acts, or si fry
Its, t s or, anyone
1)
business,
The.
IS
exclusions:
u
inSUriartice
and
f
c
only ; '
to
a°
afforded
followingadditional
this Coverage.
to the vendor
Part
of
VSuch
di
cA
tests
undertakes,
s
urse
lon;
agreed
or
its ,
does,
inspmfions,
servicibg
off
to
not
al .,
make,
make ,
a
businerss,
However,
as
in
the
the
normaliy
vendor
ustijal
t
in
P or sate of the prodUcts.
g
Wyly for which the vendor
ii, r Ie ply, any obli tro, pay
N H
IC^ by
organization from,
reason of the S i n of
whiom You have acquired sucb products, flabifily in a contract or" agreement. ws XC JLJSis does not ap 1 , to
or any ingredJeent, part or container,
en it Into accompanying
7 I
fiability for"
cont
damagesH "
W'
Jtl ng such °..;° RQ ct a
vendor lwar Nave its the abserice,
of thecontrcict or agreernent,
e , Ioi expressuNl
rT unauthorized i ° y, you-, wha I YOU lea,,se ei t but , ly s ^ Oh
with respect, to their liablifity for "' bodity
personal and adviertisibg injury by r e b 8
CUSS ' n whollein part, by your
packel solely for purposea you ,
instructons,
anid
OrIginal
then
container",
frorn
repackaged
the rnarlUfaCtUrer,
in the
sL,
BUSINESS f a" FORM
Addft[onal Insured To Ot,,hier in kj u, r n . ,, we will pay orfly our share, of Insurance the amount of the loss,, 'if any, at
is e insurance available to That exceeds ofyou ver!", , ; l irk for dalmages, The tottail aiinount , t all' s uch other aris°°i' 1 added9 selfout of the premises, or, insurance would pay for the oss in the, operations, or products, and' completed la bsenice of this, insurance; and insured amotmts, utider all that other
AcId Other' s As An
Ad4ttional I ared " " Thill's
remaining loss, ff , widi,
Insurance
n e ntn n
e,; .
ns, snot l i
this Excessinsur nc;e-provision and wass not
Wught specifically-to a ply in excessis, of,the
ad'ditijonal insured., Limits of Insurance shown 111"n the How e M . N Mahe " I e I
m
apply to otl
any person or ou s I° l a to i
additionial insured under this, Coveragecontribution y, a shares, we Will follow zu a) Primalry Insurance Whe,n etch Jna,, rer contnibutes equal amounts Requlred By Contract unfil 11t hais paid Its, applicable, fimit of ii " era icy i rn if ," insurance, or none of the loss remains, have agreed in a written, contract, whilchever, comes first. written agreement or pemi,ft that lfa,ny of Me ather insuram';,edoes not, permit this insurance be. primary, If other coMd",butlon by equall shares, , share mth,,, all th,at otherinsurance inSUrer' s share, is basied, on Me ratio of its by " the method described in c. applic- able I' mit of' imirance to the total applicaNe lirnits- of insurance off all insurers,,,
e,
r b)"Pk v -" Of,,' P i (, ", I.. ° F
yr: ;' v' o a I,',, V W
Ir Others,To Us,
m
f
IRI
4 I , f,,,,,,`
f, u' Rig
x ,
tl a. c is e,,c
d
1' 1h Jh-,,.,a irti, fecover all or`
w
003
I
part, off any paymentl ncluding
Suppleme,ntary Payments,, we have made
it
under this Coverage Part, os rights are
nothingloss to a m h " our
n
request, red will in l
l
rl i
transfer ! hose nig s and help, us
enforce, tits;em, This condition does n
Paragraphs, '" a ] Expenses
f
w
other insuranceto which the d ifionao 10 r
insured has been cadded as an t , I,, E,
additional insurred.,
When this, Msurance is excess, we will
Y
Part,
j
I .' j, i I, imgtii. 0., i / y, l
1 I Ire l, l/r / ifi Ilv/ f''./ V
r d {' f
i i Nh
e., ff r.. I , ,,, Ila1 Ii
f l/,%/ l6 ,,`
e" e insl lured , red nit anyI Suit" n" n ryry m 1
othern, e has du I deb
wr
I rid4„ ' Im I I P'.' ,, r,i
InSU e against a . other
i t, u
insurer of inds, we will undertake d. Ip` t`
I Sh
so,, b,ut we willbe, er"tt" e o the nn sl1re
rights against,;..alll W ;
I os o , y„" [ rrye ,
aevi
r
Au
08I,
DATE( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE Acct#: 1171322 6i si2o24 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 CONTACT
888- 828- 8365 NAME:
Lockton Companies, LLC PHONE FAX
3657 Briarpark Dr., Suite 700 A/ C No Ext: A/ C No):
E- MAIL
Houston, TX 77042 ADDRESS: INSPERITYCERTS LOCKTONAFFINITY. COM INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A: Indemnity Insurance Co. of North America 43575 INSURED INSURER B:
KOSMONT& ASSOCIATES, INC.
2301 ROSECRANS AVE STE 4140 INSURER C:
EL SEGUNDO, CA 90245- 4966
INSURER D
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LIMITS LTR INSD WVD POLICY NUMBER MM/ DD/ YYYY MM/ DD/ YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS- MADE FIOCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $
MED EXP( Any one person) $
PERSONAL& ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
JECT POLICY
PRO- F LOC PRODUCTS- COMP/ OP AGG $
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY( Per person) $
ALL OWNED SCHEDULED BODILY INJURY( Per accident) $
AUTOS AUTOS
NON- OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION X
PER OTHAND EMPLOYERS' LIABILITY
STATUTE ER
Y/ N
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT $ 1, 000, 000 A OFFICER/ MEMBER EXCLUDED? HN/ A C55819610 10/ 1/ 2023 10/ 1/ 2024 Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $ 1, 000, 000 If yes, describe under
1, 000, 000 DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
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
CITY OF REDONDO BEACH
415 DIAMOND STREET
REDONDO BEACH, CA 90277
1988- 2016 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD
DATE( MM/ DD/ YYYY)
A, C E RTI F I CAT E O F LIABILITY I N S U RAN C E 6/ 18/ 2024 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 UUNIACT
NAME: Rick Powell
FAX
Rick Powell Insurance Agency, LLC PHONE 818 861- 7440 A/ C, No, Ext: ( A/ C, No):
3500 West Olive Ave. Suite 300 ADDRESS: rick@insurance4ca. com INSURER( S) AFFORDING COVERAGE NAIC#
Burbank CA 91505 INSURER A: HISCOX INS CO INC 10200
INSURED INSURER B
Kosmont& Associates, Inc. dba Kosmont Companies INSURER C:
1601 N SEPULVEDA BLVD# 382 INSURER D:
INSURER E:
MANHATTAN BEACH CA 90266 INSURER F:
COVERAGES CERTIFICATE NUMBER: 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.
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/ DD/YYYY) ( MM/ DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS- MADE FIOCCUR 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:
COMBI AUTOMOBILE LIABILITY
Ea accident)
ANY AUTO BODILY INJURY( Per person) $
OWNED SCHEDULED BODILY INJURY( Per accident) $
AUTOS ONLY AUTOS
HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY Y/ N
STATUTE I IER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
F
N/ A
E. L. EACH ACCIDENT $
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ Per Claim 210001000
A
Errors and Omissions
MPL1425837.24 03/ 15/ 2024 03/ 15/ 2025 Aggregate 210001000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
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.
Attn: Risk Manager AUTHORIZED REPRESENTATIVE
415 Diamond Street I, ; vre
Redondo Beach CA 90277
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD