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HomeMy WebLinkAboutZOO ADVISORSN UNANCE NOT ON FILE N-2019-071 WORK MAY NDJ PROCEED CLERK OF COUNCIL. DATE: �R�_Q5N �\�PR 3 0 2019 AGREEMENT WITH ZOO ADVISORS, LLC. 5&QtCa CAVO'5 THIS AGREEMENT" is made and entered into on this Ist day of April, 2019 by and between Zoo Advisors LLC., a Pennsylvania Limited Liability Company, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field conducting an economic impact study of the City's Zoo and preparing a corresponding report. S. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the economic impact study for the Santa. Ana Zoo and corresponding report as set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as payment for its services under this Agreement, the rates and fees outlined in the attached Exhibit A, Consultant further agrees to accept as total payment for its services for City, compensation not to exceed twenty-two thousand and one hundred and twenty-five dollars ($22,125). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. Page I of 3. TERM This Agreement shall commence on the date first written above for a one (1) year tern ending March 31, 2020, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement can be extended by a writing by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a mariner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data that were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to Page 2 of 7 bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employces, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work Linder this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a filly executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have theright, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right lobe paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 7 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. &. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 7 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and"or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the sarnc degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, ternination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 14. ASSIGNMENT hnasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 6 of 7 in writing of its inability to obtain or maintain such perinits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571-4211 To Consultant: David Walsh President Zoo Advisors, LLC 113 Tenby Road Havertown, PA 19083 Email: Diva Islitizooadvisor, com City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana. California 92702 Fax: (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these Page 7 of 7 0 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: < .Ct,l.gta' N , iti�yk- n L. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Lisa Rudloff CITY OF SANTA ANA Steven Mendoza Acting City Manager C�IIJII.'Y�1111��►IlIA Executive Director Parks, Recreation, and Community Services Agency David Walsh President Tax ID# 45-4793822 Page 8of7 EXHfBfT A SCOPE OF SERVICES AND RATES/FEES LETTER OF AGREEMENT March 29, 2019 Mr. Ethan Fisher Zoo Manager City of Santa Ana - Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701 Dear Ethan: Zoo AovisoRs. LLC 1 13 TENay ROAD HAVERTOWN, PA 19083 267,438.6015 It is my pleasure to submit this letter of agreement to assist the City of Santa Ana (COSA) by providing an economic case for Santa Ana Zoo's public support of its master plan. We would provide the analysis, counsel, and detailed economic impact study to assess and quantify the impacts of the Zoo's operations and capital spending on the City of Santa Ana as well as Orange County. Given our in-depth understanding of the Zoo, its operations, its master plan, and our expertise providing economic impact research to the industry, we're confident the resulting outcomes will give you the information you need to position the Zoo for success in securing and growing potential public funding resources. City of Santa Ana —Santa Ana Zoo Economic Impact Study Marcie 29, 2019 Zoo Advisors, LLC Page 2 Methodology Our work includes the following elements: • Phase 1: Data Gathering and Analysis • Phase It: Economic Impact Study • Phase III: Interpretation and Presentation of Findings Phase I: Data Gathering and Analysis During the first phase of the engagement (which we have already begun) we will request from the Zoo a wide-ranging set of historical operating and financial data, as well as the current master plan iteration of record. We will consolidate and organize data from disparate sources and operating areas into a historical dataset of the last three years of operations at the Zoo, which will take into account attendance, membership, visitor origins, education and volunteer programs, financial performance, and capital projects. We will utilize this dataset to update attendance projections associated with the master plan we previously created, and turn them into a more complete pro forma model. This pro forma model, which will be approved by the client, will project the operating metrics required for the economic impact research. The purpose of this exercise will be to confirm and prepare the data for use in the IMPLAN input-output model, which is the basis for Phase 11 of the engagement: the economic impact research. Phase 11; Economic Impact Study To adequately measure the economic impact and job creation in different industry segments attributable to operations and capital investment at the Zoo, our economic impact analysis will use established economic development practices. In our study we will calculate the direct, indirect and induced effects of the Zoo using proven input-output methodology and the IMPLAN economic impact model, Input -Output analysis is a methodology used by economic developers and governmental agencies to forecast the effects of an economic activity on a particular region or regions; in this case, the City of Santa Ana and Orange County. Direct Effects Economic impact analyses are used to estimate the impact of activity or business on a region. The economic impact model begins with a delineation of payments between a regional economy's primary institutions (firms, households, and governments). The system of economic impacts can be understood by linking the dollar outputs from a given industry to the dollar inputs required from supporting industries and the dollar inputs required from households. Every dollar of a new output from an industry is connected to the level of new support required from related industries and regional households. Economic impacts are estimated as responses to an external stimulus such as tourism, The change in final demand for regional production (in the regional market) triggered by the stimulus is referred to as the direct effect. City of Santa Ana — Santa Ana Zoo Economic Impact Study March 29, 2019 Zoo Advisors, LLC Page 3 Indirect Effects To accommodate the newly demanded output, the producers in turn require additional support from their suppliers, and in order for these suppliers to accommodate the new demand, they in turn increase purchases accordingly to the relationships in the economic model from their supporting industries, and so on. This economic increase in output is known as the indirect effect of the original economic activity. Induced Effects Along with direct and indirect effects, an additional level of economic impact happens when workers from all parts of the process spend a portion of their additional labor income (and non -labor income). This household spending then creates new demand from households supporting industries (e.g., health services, retail purchases, food services, etc.) that sets in motion successive economic activity. This level of economic activity brought from household spending is referred to as the induced effect of the initial stimulus. To conduct this input-output analysis we will use the IMPLAN model, a software used by economic development professionals across the United States, IMPLAN allows users to develop input-output models to evaluate the economic impact of business, project, or policy. We will utilize an IMPLAN methodology known as Analysis -by -Parts, which will provide us more control over the analysis than the standard industry change methodology. Analysis -by -Parts facilitates the analysis of the direct, indirect, and induced effects separately. The outcome of this research will be a detailed report analyzing the direct, indirect, and induced impacts of Santa Zoo's master plan operations and associated capital efforts over each of the next 10 years. Phase III: Interpretation and Presentation of Findings In the final phase of our engagement, we will organize a conference call or video conference to discuss and explain the findings, their ramifications, and the optimal way to discuss them with stakeholders. As the impact study report itself is dense and detailed, during this phase we will also discuss the best strategy to create an easier -to -digest "presentation format report" This version of the report, in which the high-level findings from the full report would be presented in a shorter, graphical layout, has been demonstrated to be incredibly useful in communicating the full economic impact of the Zoo's master plan in a compelling and easy -to -understand way. At the completion of this phase, the Zoo would be equipped with two valuable communications tools for two separate audiences: the full report (for the economically inclined, detailed oriented audience), and the presentation report (for those without a financial background who are more interested in the summary and highlights). City of Santa Ana —Santa Ana Zoo Economic Impact Study March 29, 2019 Zoo Advisors, LLC Page 4 Deliverables The final deliverables from this engagement would include: • A written report detailing all aspects of the methodology, modeling, and outcomes of the economic impact study; and, • A "presentation report" summarizing the findings in an appealing, easy -to -read graphic format. Zoo Advisors could make additional presentations to interested stakeholders on the findings if desired. Timeline It is anticipated that this project will be completed on the following timeline: • Phase 1 1.5 Weeks from Receipt of Background Materials • Phase ❑ 2.5 Weeks After Client Approval of Pro Forma Model • Phase 111 1.5 Weeks After Client Approval of Economic Impact Report Timing will be dependent on the availability, quality, and readiness of the input data. Staffing David Walsh will manage this project and be involved throughout the engagement. Zachary Winfield will oversee the data analysis and provide support on the assessment and development of reports. City of Santa Ana --Santa Ana Zoo Economic Impact Study March 29, 2019 Zoo Advisors, LLC Page 5 Fees The estimated fee to complete the study as outlined above is 22 125. This fee does not include any trips for presentations anti meetings, if any are desired by COSA, nor out-of-pocket expenses associated with the trips. If the meetings are necessary, we will work with you to manage and minimize these expenses. Our fee breakdown is as follows: Task Quantity Unit Rate Fee Background Data Acquisition and Preparation 20 Hours $165 $3,300 Master Plan Projection Modeling 30 Hours $165 $4,950 IMPLAN Data Modeling 20 Hours $165 $3,300 Economic & Tourism Impact Analysis 30 Hours $165 $4,950 Reporting & Quality Control 25 Hours $165 $4,125 IMPLAN Software Fee 1 Proiect Credit 51,500 51,500 Thankyou for this opportunity to continue to work with you. Please call or e-mail me with any questions or concerns. I can be reached at 267-438.6015 or via e-mail at dvvalsh'ibzooadv' urs Corn. Sincerely, David Walsh President AGREED AND ACCEPTED BY: For City of Santa Ana For Zoo Advisors, LLC David Walsh, President Date March 29, 2019 Date ACC)Roe CERTIFICATE OF LIABILITY INSURANCE TE °� 5/20/2019 05f2072019 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: It the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endoreed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In Ilex of such endomemen s . PaooucER $fa:@falDl ANTHONY GALLIS 1611 SANS SOUCI PARKWAY ° WILKES BARRE, PA 18706 NAME; ANTHONY GALLIS _ PHONE (570)822-5508 a xn: (5700)820.0345 ADDRESS, NSua 6 AFFORDING COVERAGE NAICN INSURERA: State Farts Fire and Casualty Company 26M INSURED . ` "' 4`�1 Ll 1 Lgc)vci � 0-7 1 ZOO ADVISORS, LL j�1 113 TENBY ROAD HAVERTOWN, PA 19083.6427 INSURER B: NSURERC: INSURER D: _ NBURERE: N$ RER F: COVERAGES CFRTIFICATE 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. NSR TYPE OF INSURANCE ADDLSUBR POLICYNUMBER POLICY LICY PNQUAWI LIMITS COLMERCMLGENERALWIBILITY EACH OCCURRENCE f 2,000,000 CWMS4ADE OCCUR .=imixR f MED UP (ArV Rla IWO S 6.000 X 98-CX-EO14-2 03127/2019 03127/2020 PERSONAL S ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JEC LOC GENERAL AGGREGATE f 2,000,000 PRODUCTS-COMP/OPAGG S 2,000,000 f OTHER: AUTOMOBILE LIABILITY CAAaB@IN�DISINGLE LIMIT $ BODILY INJURY (PNpwrs ) S ANY AUTO WDILYINJURY(P.acd) f OWNEDNLY ACHOESULED AUTOSODAM-AGEHIRED NO"VVNE0 AUTOS ONLY HAUTOS ONLY f f UMBRELLA LIAO OCCUR EACH OCCURRENCE f AGGREGATE $ EXCESS LMO CWMSd1ADS D RETENTION I S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/FXECUTNE Y0 OFFICERa1EMBER EXCLUDEDY (MaMATery In NH) NIa PER TH- STAT E.L EACH ACCIDENT $ E.L DISEASE •EA EMPLOYEE $ E.L DISEASE -POLICY LIMIT S If yyea tl,god MMer DESCRIPDONo, ' ERATIONS Dabv ��eol . DESCRIPTION OFOPERATIONS/LOCARONSIVEHICLES(ACORDTN.AddManlR *$S,:h°dNN,nny We chedlm spa�4aidl I Q�GS CERTIFICATE HOLDER CANGtLLA I IUPI 4AU�TATVJ/ ANHE ABOVE SCRIBED POLICIES BOCANCL BEFORE 7E E E IOTCE LREO IN CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, E PO P IS AGENTS AND REPRESENTATIVES 15 WEST KELLOGG BLVD SAINT PAUL. MN 56102 0 198021115 ACORD CORPORATION. All rthts reserved. ACORD 28 (2016103) The ACORD name and logo are registered marks of ACORD 1001� 132848.12 03-10-2U16 VD Policy No. 98 CXE014 2 6109-FB9F CMP-478Page I of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4786 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM 6YH:I��l1A� Policy Number: 98 CXE014 2 Named Insured: ZOO ADVISORS, LLC 113 TENBY RD HAVERTOWN PA 19083-5427 Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA CA 92701-4058 SECTION II — WHO IS AN INSURED of SECTION 11 — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. a. Ongoing Operations 3. Primary Insurance. The insurance afforded the additional insured shall be primary insur- (1) Your acts or omissions; or ance. Any insurance carried by the additional insured shall be noncontributory with respect (2) The acts or omissions of those acting to coverage provided by you. on your behalf; There will be no refund of premium in the event in the performance of your ongoing opera- this endorsement is cancelled. tions for that additional insured; or All other policy provisions apply. CMP4786 10.0,61104� "3.1 1�0-223-2013 0, Copyright, State Farm Mutual Automobile Insurance Company, 2008�" ���ppV V . S Includes copyrighted material of Insurance Services Office, Inc., with its ptz8r p orr. /14 Q�GgPJ Zoo Advisors LLC 113 Tenby Rd Havertown, PA 19083 (OVER) Pagel of 3 SWIF - POL077A pennsAvania DEPARTMENT OF LABOR & INDUSTRY STATE WORKERS' INSURANCE FUND CERTIFICATE OF INSURANCE Certificate Issued to: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 This is to certify that Policy Number 06259400 issued in the name of: Zoo Advisors LLC 113 Tenby Rd Havertown, PA 19083 Is in force on the date hereof, as follows Kind of Insurance: Workers' Compensation and Employers Liability Policy Period: Effective: 03/06/2019 at 12:01 AM Expiration: 03/06/2020 at 12:01 AM Limits of Liability: Workers' Compensation Insurance fully complies with the provisions of the Pennsylvania Workers' Compensation Act and the Pennsylvania Occupational Disease Act as re-enacted. Employers Liability Insurance: Bodily Injury by Accident $100,000 Each Accident Bodily Injury by Disease $100,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit Job/Site Memo: Certificate covers only Pennsylvania Employees. ***BE ADVISED THAT THIS POLICY ONLY COVERS SALES AND/OR CLERICAL. IF THE EMPLOYEES ARE PERFORMING ANY OTHER FUNCTION, PLEASE NOTIFY SWIF.*** Description of Work Covered: 0951 SALESPERSON - OUTSIDE day' � Coverage includes all operations incidental to the business of the insured f®or �P Mania employees only and includes Pennsylvania employees whose duties requiT"" m to go beyo the territorial limits of the Commonwealth as provided by Section 305.2 of Pennsylvania Compensation Act as amended. G,\e ca\p 30-Day Cancellation Clause: In accordance with the procedures forgaftellatig tko�81ate Workers' Insurance Fund will endeavor to give 30 days notice before the cancel 1 n becomes effective. However, the policyholder may cancel forthwith without prior notice to SWIF. SWIF - POL077A Page 2 of 3 Department of Labor & Industry I State Workers' Insurance Fund 1 100 Lackawanna Avenue P.O. Box 5100 1 Scranton, PA 18505-5100 1 570-963-4635 1 www.dli.state.pa.us/swif Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program Pennsylvania DEPARTMENT OF LABOR & INDUSTRY STATE WORKERS'INSURANCE FUND Issued: 05/07/2019 Copy To: Zoo Advisors LLC CERTIFICATE OF INSURANCE (CONTINUED) Underwriting Division State Workers' Insurance Fund 06V - S e`�`e� 0 SWIF - POL077A Page 3 of 3 Department of Labor & Industry I State Workers' Insurance Fund 1 100 Lackawanna Avenue P.O. Box 5100 1 Scranton, PA 18505-5100 1 570-963-4635 1 www.dli.state.pa.us/swif Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program