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Home My WebLink About12 - CC-12 - Funding for Legal Services Agreement - 1/17/2017CITY COUNCIL AGENDA REPORT MEETING DATE: January 17, 2017 ITEM NUMBER: CC -12 SUBJECT: FUNDING FOR LEGAL SERVICES AGREEMENT WITH BEST BEST & KRIEGER DATE: January 5, 2017 FROM: CITY MANAGER'S OFFICE PRESENTATION BY: DANIEL K. BAKER, ASSISTANT TO THE CITY MANAGER FOR FURTHER INFORMATION, CONTACT: DAN BAKER AT (714) 754-5156 RECOMMENDATION: 1. It is recommended that the City Council authorize additional funding in the amount $ 75,000 to allow Best Best & Krieger (BB&K) to provide legal assistance with group home issues and a multi -agency lawsuit against Americare Medservices Inc. and, 2. Satisfy the City's final financial obligation with Best Best & Krieger (BB&K) for environmental and election services in the amount of $4,525.75. BACKGROUND/ANALYSIS: In June of 2014, the City entered into agreement for special counsel legal services with BB&K to provide the City with legal counsel regarding both environmental legal review and independent legal counsel regarding election issues. At the June 7, 2016 City Council meeting, funding for the existing BB&K contract was increased to a not to exceed amount of $75,000 to provide support during the City's general plan update. Attorneys with BB&K have provided valuable legal services related to the California Environmental Quality Act (CEQA). In addition, staff has utilized their services to review environmental documents to ensure compliance with CEQA as well as the review of public responses and comments and assist with proper documentation and response regarding the legal requirements of CEQA. BB&K also provided valuable independent legal counsel for both the 2014 and 2016 elections related to issues regarding campaign signage, the City's role regarding video footage from candidate forums and use of the City Seal. At the November 15, 2016 council meeting, staff brought forward a request to extend the existing contract with BB&K to allow for their continued services. The City Council voted to continue the request until the January 17, 2017 City Council meeting and directed staff to further evaluate the need to continue with this particular vendor as it related to environmental 1 and election issues. After review, it was determined that additional funding in the amount of $4,535.75 was needed to satisfy the City's final financial obligation with Best Best & Krieger (BB&K) for environmental and election services. However, due to the Council's desire to continue with BB&K to assist with group home issues as well as provide legal assistance regarding a multi -agency lawsuit against Americare Medservices Inc, an additional $75,000 is necessary to allow BB&K to continue to provide legal counsel to the City. However, at this time, no additional work will proceed regarding environmental and election services. ALTERNATIVES CONSIDERED: An alternate consideration would be to discontinue with the consultant's assistance or provide funding for the consultant at a different amount. FISCAL REVIEW: Per A.R. 1.5, Sections 1 — 3, F. 2. "The City Manager's approval is required for all Change Orders equal to or greater than $5,000, or greater than 10% of the original contract/agreement if the original contract/agreement was awarded by the City Council. City Manager approval is also required when the total amended contract/agreement now exceeds the threshold requiring City Manager approval." "City Council approval is required when an individual Change Order or the sum of all Change Orders on a Council awarded contract/agreement amount or when the total amended contract/agreement now exceeds the threshold requiring Council award. For contracts/agreements now exceeding the $25,000 threshold, future Change Orders approval limits shall comply with the above requirements." Staff confirmed with the Finance Director that the aforementioned Administrative Regulation applies to this Professional Services Agreement (PSA) prior to obtaining the City Manager's approval to add 10% ($7,500) to the current PSA ($75,000 approved by Council on June 7, 2016) to pay a portion of the outstanding balance due to BB&K. $7,500 were transferred from Development Services Department's legal account into BB&K's purchase order. Due to the change order, the new amount on this PSA is $82,500 ($75,000 + $7,500). If authorized by Council action this evening, adding an additional $75,000 will increase the contract amount to a not to exceed amount of $157,500 City Council authorization is necessary to increase the funding for the agreement to provide payment for services rendered and continue with legal services with BB&K. Funding for the contractual increase will come from unencumbered consulting funds within the Development Services budget and city-wide unencumbered salary savings. LEGAL REVIEW: Legal has reviewed this report. No contract amendment is needed for the funding increase because the contract itself does not specify a contract amount. SB 331 does not apply because there are no contract negotiations involved in this funding increase and because the contract value is less than $250,000. (Public Contract Code section 22178(a).) E CONCLUSION: The City Manager's Office recommends that the City Council authorize additional funding of $75,000 to continue with Best Best & Krieger, for independent legal services. DANIEL K. BAKER Assistant to the City Manager ATTACHMENTS: 1 Professional Services Agreement with Best Best & Krieger 3 Attachment 1 AGREEMENT TO PROVIDE SPECIAL COUNSEL LEGAL SERVICES TO THE CITY -OF COSTA MESA This Agreement to Provide Special Counsel Legal Services to the City of Costa Mesa ("Agreement") is made as of the 19th day of June, 2014, by and between the City of Costa Mesa ("City"), a California municipal corporation, and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law ("BB&K"). BB&K and City are also hereinafter referred to collectively as the "Parties." Z. TERM. The term of this Agreement shall commence on June 19, 2014, and shall continue in full force and effect until terminated in accordance with Section 8. 2. GENERAL SCOPE OF SERVICES. BB&K shall perform special counsel legal services as may be required from time to time by the City, its officers and City Attorney as set forth by this Agreement. 3. STATUS AS INDEPENDENT CONTRACTOR. BB&K is an independent contractor of the City and shall not be considered an employee. BB&K shall fulfill its professional responsibilities and duties under this Agreement in a manner that is ethical and consistent with duties imposed on attorneys that represent public entities. 4. COMPENSATION AND SERVICES. 4.2 Special Counsel Legal Services .Rates. Special Counsel Legal Services shall be billed at the following hourly rates of between: $225 and $375 for attorneys and $130 for paralegals and $105 for law clerks. Special Counsel Legal Services shall not be rendered to the City unless and until first authorized in writing by the City Council, City Manager or City Manager's designee. The writing shall identify the work to be clone, the hourly rates and an estimate of the cost of such services. 4.2.1 Costs. Costs shall be defined and billed as follows: 09977.0NOM778215.2 4.2.1.1 Charges for printing and copying expenses for non -incidental print/copy jobs undertaken on behalf of the City at the rate of 15 cents per page for copy/print jobs exceeding 25 pages only; 4.2.1.2 Automobile mileage at the standard Internal Revenue Service (IRS) Mileage Reimbursement; 4.2.1.3 Telephone and fax charges incurred on behalf of the City at the applicable rates charged to BB&K (There shall be no charge for telephone calls and faxes to City Hall); 4.2.1.4 Non -routine electronic legal research as needed at the rates charged to BB&K; and 4.3 Rates for Reimbursable Deposit Projects. For Reimbursable Deposit Projects concerning land use and environmental legal services rendered by BB&K for special counsel legal work on development matters for which the City has collected a deposit for legal services from a developer/applicant, the City shall pay BB&K at the listed private rates minus 20%. 4.4 Rate Adjustments. The rates provided for in Section 4.2 and 4.3 shall be reviewed by City and BB&K on an annual basis. Adjustments to the rates may be made based on the Consumer Price Index or other factors agreed to in writing by the parties. 5. BILLING. 5.1 Itemized Billing. BB&K shall submit to the City within thirty (30) days after the end of each month, an itemized statement of professional services provided and the time expended providing those services. The City shall review BB&K's monthly statements and pay BB&K for all Services rendered and costs incurred, as provided for in this Agreement, on a monthly basis. 5.2 Objections to Billing. BB&K encourages City to advise BB&K promptly of any charge which appears incorrect. BB&K will assume all charges are acceptable if City does not express any concerns regarding billing within thirty (30) days of its mailing to City. -2 09977.00000\877821,5.2 W 5.3 Dispute Resolution. In the event of any question or dispute regarding any billing matter covered by this Agreement, either the City Administrator or BB&K may request that such matter be referred to the City Council for resolution. The determination of the City Council or a sub- committee authorized by the City Council to review such matters shall be final and binding. 6. ' RESERVED. 7. INSURANCE COVERAGE AND INDEMNIFICATION. 7.1 BB&K carries errors and omissions insurance with Lloyd's of London and certain London Companies (Policy No. 146/P02603) with a total limit of liability in excess of $1,000,000 per claim, $2,000,000 aggregate, and an aggregate deductible of $375,000 for each claim. BB&K also carries general liability, business automobile liability and employer's liability insurance in the amount of $1,000,000, as well as workers' compensation coverage at the statutory amounts prescribed by law. BB&K shall provide a copy of a valid insurance certificates and proof of coverage as required by the City, attached hereto as Exhibit A. In addition, BB&K shall provide the City with a Certificate of Insurance or required endorsements naming the City as an additional insured, indicating that our policy is primary over any insurance covered by the City and will not be cancelled without thirty (30) days prior notice to the City. 7.2 BB&K agrees to protect, and hold harmless City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with the use of property, arising out of or in any way connected with BB&K's negligent performance of this Agreement. 8. TERMINATION OF AGREEMENT. This Agreement may be terminated at any time upon seven (7) days' written notice from either party, with or without cause. In the event of such 09977.00000\877821 5.2 -J- termination, BB&K shall be paid for all services authorized by the City and performed up through and including the effective date of termination. 9. CONFLICTS OF INTEREST. BB&K represents to City that it has no other current interest in representation not disclosed to the City. In rendering legal services to the City under this Agreement, BB&K shall promptly inform the City of any conflict of interest which BB&K may have in the future and of any conflict in representation under the Rules of Professional Responsibility governing attorneys in the State of California, and shall take any and all reasonable and necessary actions to avoid such conflicts or to abstain from participation in the provision of legal services with regard to such matters in the event of any such conflicts. IN WITNESS WHEREOF, the City and BB&K have executed this Agreement as of the date first written above. [Signatures on following page] -4- 09977.00000\8778215.2 CITY OF COSTA MESA BEST BEST & KRIEGER LLP By: zww� By: 4wwe- 1?d 11? l; c,�7---Mayor or City Manager Partner Attest: *ci-d4- lerk f -5- 09977.000DO\8778215.2 EXHIBIT "A" TO LEGAL SERVICES AGREEMENT Insurance Certificates -6- 09977.00000\8778215.2 ACORO° CERTIFICATE OF LIABILITY INSURANCE �--� 4/30/2016 DATE(MMnVODNYYY) 1 6/19/2014 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC 725 S. Figueroa Street, 35th Fl. CA License HOF15767 Los Angeles CA 90017 CONTACT PHONE FA% Ime o E ' ac No: E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC$ (213)689-0065 INSURER A: Vigilant Insuran6e Company 20397 COMMERCIALGENERALLIABILITY CLAIMSMADE OCCUR INSURED Best Best & Krieger LLP 1312669 INSURERB:Federal Insurance Company 20281 INSURER C: 3750 University Ave., Ste. 125 Riverside CA 92502 INSURER D: INSURER E ; DAMPREMISES SES Ea DecGE TO o rents) $ 1 000 000 INSURER F: N ED EXP An one Person)$ 10 000 COVERAGES BESBL'01 CERTIFICATE NUMBER: 12996457 REVISION NUMBER• XXXXXXX 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. ILTR TYPE OF INSURANCE ADD INSD SUER MD POLICY NULIBER POLICY EFF ICV E%P ^OL;4/30/2015 LIMITS A X COMMERCIALGENERALLIABILITY CLAIMSMADE OCCUR Y N 35894252 4/30/2014 C CCURRENCE DAMPREMISES SES Ea DecGE TO o rents) $ 1 000 000 X N ED EXP An one Person)$ 10 000 Deductible: $0 PERSONALS ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPH ES PER: POLICY ❑ PRP ❑ JECT LOC GENERAL AGGREGATE S20O 00 G ENL PRODUCTS - COMPIOPAGG $ Included $ OTHER: B AUTOMOBILE LIABILITY N N 73555244 4/30/2014 $ (Ea actlden0 ] 000 00 Ix BODILY INJURY (Per person) $ XRXXXXX ANY AUTO MU OOISNNEO SCHEDNOMULED AAUTOS BODILY INJURY Peraoddard $ XX iXXXX PROPERTY DAMAGE $ XXXXXXX HIREDAUTOS X AUTOSWNED $XXXXXXX UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS -MADE AGGREGATE $ XXX'XXXX DEO I I RETENTION$ $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR ARTNERIEXECUriVE OFFICER/MEIJBER EXCLUDED? IT N/A N 11750505 4/30/2014 4/30/2015 X I STATUTE ER E.L. EACH ACCIDENT $ 1000000 (Mandd sonInNH) /yes, describe Ober DESCRIPTION OF OPERATIONS bebx E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Auditors] Remarks Schedule, maybe attached lfmorespace is required) The City of Costa Mesa and its elective and appointive boards, officers, agents, and emloyees are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. Notice of Cancellation applies per attached letter or endorsement(s). 12996457 City of Costa Mesa Attn: City Manager 77 Fair Drive Costa Mesa CA 92626 ACURD 25 (1014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD All rights Liability Insurance Endorsement Policy Period 4/30/2014 - 4/30/2015 Effective Date 4/30/2014 Policy Number 35894252 Insured Best Best & Krieger, LLP Name of Company Vigilant Insurance Company This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added Who Is An Insured Scheduled Person Or Organization Subject to all of the terms and conditions of this insurance, any person or organization shown in the Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured; but they are insureds only with respect to liability arising out of your operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide them with such insurance as is afforded by this policy. However, no such person or organization is an insured with respect to any: • assumption of liability by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. • damages arising out of their sole negligence. Schedule PERSON OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY BUT THEY ARE "INSUREDS" ONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN 'INSURED". Liability Insurance Additional Insured - Scheduled Person or Organization Page 1 Attachment Code: D469853 Certificate ID: 12996457 Form 80-02-2367 Endorsement HOWEVER, NO PERSON OR ORGANIZATION IS AN 'INSURED" UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS POLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO). All other terms and conditions remain unchanged. Liability Insurance Form 80-02-2367 Attachment Code: D469853 Certificate ID: 12996457 Additional Insured - Scheduled Person or Organization Page 2 Endorsement Liability Insurance Endorsement Policy Period 4/30/2014 to 4/30/2015 Effective Date 4/30/2014 Policy Number : 35894252 Insured: Best Best & Krieger LLP Name of Company Vigilant Insurance Company Date Issued 4/30/2014 This Endorsement applies to the following forms: GENERAL LIABILITY Under Conditions, the following condition is added Conditions If you agree, in a written contract, agreement or permit, to provide primary insurance for any person or organization included in Who Is An Insured, this Otherinsurance - Other Insurance - Primary Additional Insured condition applies, Primary Additional Insured If other valid and collectible insurance is available to the insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary. We will not seek contributions from any other insurance available to the person or organization with whom you agree to include in Who Is An Insured, except when the Excess Insurance provision applies. Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage, Builders Risk, Installation Risk or similar insurance for your work; Liability Insurance Other insurance - Primary Additional Insured continued Form 80-02-2653 (Ed. 4-01) Endorsement Page 1 Attachment Code: D486082 Certificate ID: 12996457 Conditions Conditions Other Insurance Primary Additional Insured (continued) B. that is insurance that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insured against such suit, If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: • amount that all other insurance would pay for loss in the absence of this insurance; and • of all deductible and self-insured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions remain unchanged. Liability insurance Other Insurance - Primary Additional insured last page Form 80-02-2653 (Ed. 4.01) Endorsement Page 2 Attachment Code: D486082 Certificate ID: 12996457 Policy Conditions Endorsement Policy Period 4/30/2014 TO 4/30/2015 Effective Date 4/30/2014 Policy Number 35894252 Insured Best Best & Krieger LLP Name of Company Vigilant Insurance Company Date Issued 413012014 This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Under Conditions, the following condition is added. Conditions Notice Of Cancellation When we cancel this policy for any reason, other than non-payment of premium, we will To Scheduled Persons notify person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellation Or Organizations When date. We Cancel Any failure byus to notify such person(s) or organization(s) will not • impose any liability or obligation of any kind upon us; or • invalidate such cancellation. Schedule Person(s) or Organization(s): All other terms and conditions remain unchanged. Notice 01 Canceliatlon To Scheduled Persons Or organlzatlons (Except Non -Payment OfPremlum) Form 80-02-9779 (Ed. 3-11) Endorsement Attachment Code: D469838 Certificate IDc 12996457 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMHJM) SCHEDULED PERSONS) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGECOVERAGEFORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. SCHEDULE Name of Person(s) or Organization(s): Under Common Policy Conditions the following condition is added: NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) SCHEDULED PERSON(S) OR ORGANIZATIONS) When we cancel this policy for any reason other than nonpayment of premium, we will notify the person(s) or organization(s) described in the SCHEDULE at least 30 days in advance of the cancellation date. Any failure by us to notify such person(s) or organization(s) will not: Impose any liability or obligation of any kind upon us; or Invalidate such cancellation. 16"02-0306 (Ed. 5-11) Attachment Code: D477843 Certificate ID: 12996457 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 06 44 (Ed 6.11) NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) - SCHEDULED PERSON(S) OR ORGANIZATION(S) This endorsement effective on 4/30/2014 at 12:01 A.M. standard time, forms a part of Policy No: 71750505 of the FEDERAL INSURANCE COMPANY (NAME OF THE INSURANCE COMPANY) Issued To: Best Best & Krieger LLP Under Part Six -Conditions of the policy, the following is added: Notice of Cancellation (Other than Nonpayment of Premium) - Scheduled Persons(s) or Organization(s) When we cancel this policy for any reason other than nonpayment of premium, we will notify the person(s) or organization(s) described in the SCHEDULE at least 30 days In advance of the Cancellation date. Any failure by notify such person(s) or organization(s) will not: Impose any liability or obligation of any kind upon us; or Invalidate such cancellation SCHEDULE Form WC 99 06 44 (e D. 6.11) Attachment Code: D466351 Certificate ID: 12996457 CERTIFICATE OF I NSURANCE PRODUCER This Certificate is issued as a matter of information only and confers USI Affinity no rights upon the Certificate Holder. This Certificate does not One International Plaza, Suite 400 affirmatively or negatively amend, extend or alter the coverage Philadelphia, PA 19113 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. INSURED ComPANY AFFORDING COVERAGE Best, Best & Krieger, LLP Lloyds of London 3750 University Avenue, Suite 125 Paragon International Insurance Brokers, Ltd. Riverside, CA 92501 140 Leadenhall Street London, England EC3 V 4QT This is to certify that the policy of insurance listed below has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. TYPE OF INSURANCE LAWYERS ERRORS AND OM ISSI ONS I NSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LDUSA1300774 09/01/2013 09/01/2014 LIMITS OF LIABILITY at least $1,000,000 any one claim and $2,000,000 in the annual aggregate including claims expenses CERTIFICATE HOLDER CANCELLATION City of Costa Mesa Should any ofthe above described policies be cancelled before the expiration 77 Fair Drive date thereof, notice will be delivered in accordance with the policy provisions. Costa Mesa, CA 92626 Attn: City Manager Signature of Authorized Representative May 27, 2014 Date