Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
KOSMONT REAL ESTATE SERVICES, DBA: KOSMONT REALTY
N-2019-139 INSURANCE NOT ON FILE WORK MAY NOT PROCEEDAGREEMENT TO PROVIDE STRATEGIC PLANNING CLERK OF COUNCIL. SERVICES FOR OPPORTUNITY ZONE DEVELOPMENT DATE. AUG 0 6 2019 THIS AGREEMENT is made and entered into this 2nd day of July, 2019 by and between Kosmont Real �> Estate Services dba Kosmont Realty ("Consultant"), and the City of Santa Ana, a charter city and municipal oakkti corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant to provide strategic planning services for Opportunity Zone development. B. Consultant represents that it 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 contracting 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: 1. SCOPE OF SERVICES Consultant shall furnish the services that are described in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended during the term of this Agreement shall not exceed $50,000, including any extension periods. b. Payment by City shall be made within thirty (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. 3. TERM This Agreement shall commence on the date stated above and continue through July 1, 2021, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended for up to one 1-year period upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term 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 Page 1 of 7 a manner consistent witli 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. S. INSUP NCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subeonsultants, 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 tine following; single limit coverage applying to 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. Suchinsuranceshall (a) name the City, its officers, employees, agents, volunteers 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. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under 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. e. 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 hill 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. Page 2 of 7 (iv) Consultant shall supply City with a fully executed additional insured endorsement. £ 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 the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be 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. &. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the suhconsultantprepares 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 which 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, 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 negligence or willful misconduct of the Consultant or its, subconsultants, agents, employees, or other persons acting on their 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 terms 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 terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Consultant's indemnification obligations in this section shall survive expiration of this Agreement. 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 3 of 7 8. 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. h. CONFIDENTIAMY 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 same 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 an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. 10. 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 the performance of services specified under this Agreement. 11, 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 With courtesy copies to: Page 4 of 7 To Consultant: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Kosmont Realty 1601 N. Sepulveda Blvd, #382 Manhattan. Beach, CA 90266 Attn: LarryJ. Kosmont, President A party may change its address by giving notice in writing to the other party. Thereafter, any cotnmuntcation 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. Igor purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, 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 terms 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 terms or conditions of any purchase order or other instrument that are inconsistent with; or in addition to, the terms 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 are not embodied herein. 13. ASSIGNMENT Inasmuch 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 which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. 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, City may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property Page 5 of 7 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. 15. NONDISCRIAIINATION 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, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16, 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 17. 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 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. IS. 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. .... DAISY GOMEZ CLERK OF • CITY OF SANTA ANA Kristine Ridge City Manager Page 6 of 7 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: K / ,, -f.., L John M.Funk Assistant City Attorney CONSULTANT: ,fta,me., La t osmont Title: Chairman & CEO FOR APPROVAL: Fuad S. eiss, PE, PLS, Executive Director Public rks Agency Page 7 of 7 EXHIBIT A rr,sx,W realty June 20,2019 Steven Mendoza Executive Director of Community Development Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposal for Opportunity Zone Strategy and Implementation Package Dear Mr. Mendoza, Kosmont Real Estate Services ("KRES") dba Kosmont Realty ("KR" or "Consultant"), a licensed California brokerage firm (Department of Real Estate License #R02058445), is pleased to present this proposal for Opportunity Zone strategic planning and real estate consulting services to The City of Santa Ana ("Client") in connection with projects in Santa Ana's Opportunity Zones ("Project"). This proposal serves as an agreement ("Agreement") when executed and returned by Client to KR. I. BACKGROUND AND OBJECTIVE Santa Ana has a unique opportunity to create and package an Opportunity Zone (°OZ") Investment program for an appropriate OZ Fund(s) that is centered around strategic development in its Opportunity Zone tracts. Kosmont Companies ("Kosmont" or "Consultant") is familiar with the many facets of the OZ program and complementary economic development tools and matches communities with OZ Funds. Kosmont will work with Santa Ana to identify targets and development goals as an OZ plan, conduct the analyses and due diligence necessary for OZ preparation, and develop strategic marketing materials to pursue OZ investors, if desired by the City of Santa Ana, Kosmont can assist the City in securing an appropriate OZ Fund(s) for execution of planned OZ development projects, as part of our subsequent scope of work. Kosmont will work to target Qualified Opportunity Funds (QOFs) that meet the City's development and investment objectives. Kosmont Realty ("Kosmont" or "Consultant") understands the challenges facing cities, property owners, and investors as they attempt to navigate the rapidly developing Opportunity Zone ("OZ") marketplace, For OZ Funds, timing is critical: to maximize OZ tax investment yields, it is preferable for OZ Funds to transfer gains by December 31, 2019 and invest 200% of that amount (net of land costs) within 30 months. It should also be noted that the recent IRS regulatory guidance allows leased property to be eligible, subject to certain limitations. However, the rulemaking process will continue to evolve throughout the summer. Kosmont has been closely following the development of the OZ program over the last two years, including the recent modifications to the IRS OZ regulatory guidance, and has 1601 N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 1 ph 424.297,1079 1 wwwAosmontmalty.com City of Santa Ana Proposal for Opportunity Zone Services June 20, 2019 Page 2 of 11 leveraged its expertise to be at the forefront of advising communities and investors on OZ opportunities. Kosmont understands how cities should prepare for OZ investment and will assist the city with multiple tasks as part of the OZ Fund Investment preparation program. For cities, local governments and target projects may face barriers and capacity difficulties that affect their ability to properly leverage OZ Investments with other complementary economic development tools. Kosmont will assist Santa Ana with strategic due diligence components of the OZ project concept, including preparation for OZ development and initial market analysis for project validation. Consultant will also assist city with the development of an OZ marketing strategy and package, such as the development of an OZ prospectus: a key marketing document that the city and Kosmont can use as a tool to gather messaging and information in a digestible, user-friendly format for OZ investors. The prospectus will highlight key opportunities for OZ development in Santa Ana, provide demographic and economic development data that is necessary for investors, and explain the City's resources dedicated to OZ development. As part of our subsequent work tasks, Kosmont can also assist Santa Ana with packaging OZ investment with other economic development programs and incentives (such as EIFDs, New Market Tax Credits, etc). Ultimately, Kosmont's goal is to build and implement an OZ team (including OZ Fund partners) to reach strategic targets for OZ investment, match Santa Ana with suitable OZ Investor(s), and implement the OZ development plan to catalyze growth in Santa Ana's low-income Opportunity Zone neighborhoods. II. `SCOPE OF SERVICES Task 1: OZ Project Concept Due Diligence Package Subtask 1 1: Protect Kickoff & Tour The Kosmont team will participate In -a kick-off meeting with the City and tour the City to initiate the assignment. Kosmont and City will discuss and confirm project scope, schedule, assignment goals and objectives, and communication protocols. Kosmont will review existing relevant project and property data as provided by the City (e,g. proposed Civic Center redevelopment concepts, zoning, General Plan, previous market studies). Consultant will meet with City representatives to discuss recent development activity, projects currently in the entitlement process, and key vacant or underutilized properties. The City has identified three target areas: Civic Center, Santa Ana Regional Transportation Center and Willowick Golf Course (in conjunction with City of Garden Grove). Consultant and City will confirm goals and targets for future development and target industries; and likely candidates for Opportunity Zone development before commencing subsequent tasks. Subtask 4.2: %rategle Due Diligence and OZ Preparation Based on the information and results gathered in Subtask 1.1, Consultant Team will work with the City to prepare an initial Opportunity Zone Strategic Preparation Plan that identifies and prioritizes OZ issues/goals that require action in the short and/or long term, which may include: Identifying key sites and key industries that the City should concentrate efforts;. KOSMONT REALTY 1601 N. Sepulveda Blvd, #362, Manhattan Beach, CA 90266 1 ph 424.297.1079 1 vvmv.kosmontrealtyxc rn City of Santa Ana Proposal for Opportunity Zone Services June 20, 2019 Page 3 of 11 • Identifying initial economic development goals and target opportunity sites for OZ investment and complementary tools; • Identifying potential economic incentives, funding sources (including regional, state, and federal infrastructure funding sources), or financing structures and other strategies (e.g, Development Opportunity Reserve (D.O.R.TM), enhanced Infrastructure financing districts or other special district financing, site -specific tax revenue pledges, as may be applicable) that can be leveraged with OZ investment to meet the City's goals and objectives; • Evaluating local governmental readiness for OZ investment, including potential updates to City plans and zoning documents, possible barriers or capacity issues that may hinder the usage of OZs, and possible areas for procedural streamlining; • Developing a Santa Ana Opportunity Zone task force, composed of city leaders, department heads, technical experts, outside consultants, local developers, and other key stakeholders; • Planning initial strategic outreach and stakeholder engagement objectives for City to pursue; • Reviewing of OZ marketing and matchmaking goals to best pursue OZ investment from local, regional, and national investors and developers. Subtask 1.3: [nitial MarketAnalvsis & Project Validation Based on the information gathered in Subtasks 1.1 and 1.2, Kosmont will conduct the analyses and planning necessary to solicit OZ investment. As mutually determined by Client and Consultant, this will include: • An Economic and Demographic Profile, illustrating social and economic. characteristics, including trends in population, household incomes, racelethnicity, housing preferences, educational attainment, employment by industry, commute patterns, residentlemployee concentrations, and other metrics within specific geographic boundaries (e.g., City limits, radii centered at opportunity site locations) as deemed relevant by Consultant. • An Initial Market Validation Analysis, evaluating high-level market and development feasibility data for targeted land use types (e.g. residential, retail, hotel). The analysis will consider market supply and demand factors, such as inventory, vacancy rates, lease rates, historical absorption, and surplus i leakage information as deemed appropriate by Kosmont. • An initial Planning Discovery Report, prepared with assistance from a planning/architectural/design subconsultant (to be determined), which presents a preliminary review of potential planning and development strategies and visioning for the Opportunity Zone developments including infrastructure adjustments, entitlement/CEQA issues, zoning classifications, and design standards. Kosmont anticipates three (3) in -person meetings with the City associated with Task 1. Kosmont will make itself available for additional meetings on an hourly, time -and - materials basis. KOSMONT REALTY 11601 N. Sepulveda Blvd. 0382, Manhattan Beach, CA 90266 1 ph 424.297.1079 1 www.kosmontrealty.com City of Santa Ana Proposal for Opportunity Zone Services June 20, 2019 Page 4 of 11 Deliverable: Task 1 findings will be summarized as the OZ Project Concept Due Diligence Report with next steps, to be submitted in PowerPoint Presentation and Summary Memo format Task 2: Opportunity Zone Marketing Package Task 2.1: Prospectus Development Based on the analyses and strategic considerations developed in Task 1, Kosmont will work with the city to strategically develop an Opportunity Zone Prospectus that adapts materials from Task 1 into a crucial marketing document that showcases Santa Ana OZ opportunities, This OZ Prospectus may include: • Top-level vision and storytelling for future economic development; • Descriptions of key city strengths, such as amenities, anchor institutions, major employers, recent developments, and other city assets/benefits; • Demographic analysis that demonstrates City's trajectory (such as population growth, earnings, education, employment, and tapestry segmentation); • Economic and Market Analysis for various development types, consistent with the City's goals (e.g. vacancy and lease rate information by category; retail sales leakage, retailer void evaluation, etc.); • Key characteristics of the market area and current commercial trends that would benefit future businesses; • Overview of relevant elements of City's General Plan and Specific Plans; as well as relevant improvements/streamlining of city processes in preparation for OZ investment; • Review of additional incentives and/or complementary policy tools (e,g, zooming, funding, financing), and resources that the city is prepared to leverage with OZ investment, including relevant information from Initial TIF district evaluations; • Target Areas and projects for OZ investment, including in-depth descriptions of Target Areas: strengths, specific opportunities, demographic information, anticipated job growth, real estate supply and demand information, and recenttlanticipated transactions and developments; • Other information, as determined relevant by both Client and Consultant, including the City General Plan, relevant specific plans, etc. Task 2.2: Initial Tar ea ted Marketina & Outreach Kosmont will help Santa Ana develop an initial strategy to identify and market key OZ development opportunities in the City's target areas, including identifying target Qualified Opportunity Fund(s) and initial marketing/outreach of Client's OZ opportunities to these targeted funds. The marketing material will be in electronic and hard copy and will include Identifying marketing targets, utilizing the OZ Prospectus and other materials, searching for opportunity funds with goals that align with City's targets, and leveraging marketing tools, such as those available on OppSites.com and other promotional sources as may be available. OppSites is a national online Economic Development Marketplace that empowers local leaders to connect with real estate and economic development professionals, analyze development opportunities in City's Target Areas, share information about economic development activities on the OppSites national platform, and maximize the exposure of specific site opportunities within targeted areas/districts. KOSMONTREALTY 1601 k Sepulveda Blvd. #382, Manhattan Beach, CA 90266 1 ph 424.297.1079 I v wwAosmontrealty.com city of Santa Ana Proposal for Opportunity Zone Services June 20, 2019 Page 5 of 11 Kosmont anticipates one (1) in -person meeting with the City associated with Task 2. Deliverable: Task 2 initial findings will be summarized as the Santa Ana Opportunity Zone Prospectus in PowerPont Presentation and Summary Memo format. Optional Task 3: Initial Implementation Secure OZ Fund Partner (s) Transaction Structuring and Negotiations Kosmont will review and evaluate Opportunity Fund options and provide strategic guidance to Client regarding investor matchmaking. Once target Qualified Opportunity Fund(s) ("QOF")) are identified, selected, and matched to developments in City OZs, Consultant will provide initial strategic outreach and negotiation assistance, including the evaluation of potential investment options, the negotiation of exclusive negotiation agreements with OZ investor funds and/or developers, and other site due diligence activities, Deliverable: Task 3 will result in the selection of preferred OZ fund investor(s) with preliminary term sheets. Note: iRS regulations require that a QOF shall: 1) be a special-purpose entity that effectively acts as a conduit to ensure that investor capital is employed in a business located within a QOZ and 2) must self -certify that it is a QOF by tiling Form 8996 with its tax return for each year that it intends to operate as a QOF, Ill. SCHEDULE AND REQUIRED DATA Consultant is prepared to commence work upon receipt of executed Agreement. Client will provide KR with all existing project data including proposed Civic Center redevelopment concepts, zoning, General Plan, and previous market studies, Client will also provide consultant with data and information needed for prospectus development, as outlined above. IV. COMPENSATION Compensation for Task 1 and Task 2 is estimated at $50,000 for professional services (hourly) fees at KR's billing rates as shown on Attachment A. OZ Due Diligence Package Tasks Estimated Budget Timeline Task 1: OZ Project Concept Due Diligence Package $30,000 60 Days Task 2: OZ Marketing Package $20,000 +30 days Task 3: Initial Implementation (Optional) $20,000 B' end of year TOTAL (not including T S M for additional meetings) $70 000 Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time, Certain costs may be recoverable from selected OZ Fund(s). KOSMONT REALTY 1601. N. Sepulveda Blvd. #382, Manhattan Beach, CA 90266 1 ph 424.297.1079 1 www.kosmontreally.com City of Santa Ana Proposal for Opportunity Zone Services June 20, 2019 Page 6 of 11 KR anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis. KR's attendance or participation at any publicly noticed (e.g., City Council, Planning Commission, Public Agency Board, other) meeting requested by Client is in addition to compensation for Tasks 1 and 2 will be billed at the professional services (hourly) fees as shown on Attachment A. Services will be invoiced monthly at KR's standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for out-of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out -of -area travel, if any, requires advance funding of flights and hotel accommodations. KR will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of KR's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum. For the convenience of Kosmont's clients, we offer a secure credit card payment service. The credit card payment link is: hftps://kosmont.i)aidyet.com and there are two ways to make a secure credit card payment: 1. Fill in the "Make a Payment" form when you go to the link (httos://kosmont.oaidvet.com), or 2. Call Kosmont Companies' accounting desk (Ms. Charo Martinez; (424) 297-1072) to make a credit card payment KR is prepared to commence work upon receipt of executed Agreement. The following is being provided solely as an advance disclosure of possible real estate consulting and finance services and potential compensation for such services. This disclosure is not intended to commit the Client. When assignments involve public finance services on behalf of a public agency, such municipal advisory, services are provided by Kosmont Transactions Services, Inc. ("KTS"). KTS, Inc. is registered with the Securities and Exchange Commission (CIK# 0001769359) and the Municipal Securities Rulemaking Board as a Municipal Advisor (ID# K1256). KOSMONT REALTY 1601 N. Sepulveda Blvd. #362. Manhattan Beach, CA 90266 1 ph 424.297. 1079 1 w Aosmontreafty.wm GV of Santa Ana PraPosa! for OPPortunrty Zone leMces June 20, 2019 Pa0e 7 of 11 a SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators. When assignments involve advisory services provided by Kosmont & Associates, Inc., doing business as Kosmont Companies ("KC"), a separate proposal and hourly rate sheet MR be provided. KOSMONT REALTY 1001 N. Sepulveda Blvd. #382, Manhattan Beach, CA 9026e 1 ph 424.297,1079 1 w mAcamontrealty.com City of Santa Ana Proposal for Opportunity Zone Services June 20, 2019 Page 11 of if ATTACHMENT A Kosmont Realty 2019 Public Agency Fee Schedule Professional Services Chairman & CEO / President $375.00/hour Senior Managing Director/Senior Advisor $305,00/hour Managing Director $210.00/hour Senior Director / Senior Project Analyst $195.00/hour Director / Project Analyst / Project Manager $165.00/hour GIS Mapping/Graphics Service/Research $ 95.00/hour Clerical Support $ 60.00/hour • Additional Expenses In addition to professional services (labor) fees: 1) An administrative fee for in-house copy, fax, phone and postage costs will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Realty Corporation professional service fees incurred; plus 2) put -of -pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) For Third Party Vendors) retained on behalf of Client (with Client's advance approval), fees and costs will be billed to Client at 1 AX (times) fees and costs. 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. Rates shalt remain in effect until December31, 2019. KOSMONT REALTY 1601 N. Sepulveda Blvd. #W, Manhattan Reach, CA 90266 1 ph 424.297.1079 1 wmv.kosmontrealty.com imibaa��MFamm�a Francine R. Villareal vu�,tii KOS M &AS -01 0 .woad 1101M BS TE R N B E RG '`k.CERTIFICATE OF LIABILITY INSURANCE i DATE IM MIDDIYYYY) 8/4/2020 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 License # OC36891 CONTACT Brett R Sternberg NAME: PHONE FAX (A/C, No, Ext): (310) 478-2625 317 (AIC, Nog Lyddy Martin Company 5021 Verdugo Way Ste. 105 #414 ADDRESS: brett@lyddymartin.com Camarillo, CA 93012 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA : Sentinel Insurance Company,Ltd 11000 INSURED Kosmont & Associates, Inc. INSURER B Dba: Kosmont Companies INSURER C: INSURER D See other named insured 1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 14 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 CONTRACTOR 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 POLICYNUMBER POLICY EFF POLICY UP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X 72SBABC3942 6/27/2020 6/27/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 1,000,000 $ MED EXP (Anyoneperson) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENU X AGGREGATE LIMITAPPLIES PER POLICY PED LOD OTHER'. GENERA -AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X AUTOS ONE 72SBABC3942 6/27/2020 6/27/2021 (COM BI NED S INGLE LIMIT Ea be dent) 1,000,000 $ BODILY INJURY Perperson) $ BODILY INJURY (Per accident) $ X (Per accRtlent AMAGE $ A X UMBRELLA LAB EXCESS LAB X OCCUR CLAIMS -MADE X X 72SBABC3942 6/27/2020 6/27/2021 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITV YIN ANY PROPRIETOR/PARTNER/EXECUrIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) f yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E. L. EACHACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ E. L, DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, It's Officers, Employees, Agents, and Representatives are named Additional Insured as respects to General Liablity as per written contract. The insurance is primary and non-contributory and waiver of subrogation applies- see Business Liability Form attched Other Named Insured under the policy: Kosmont Real Estate Services City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE © 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD tiaa noun.Krnu:ra, unaaa,r. Z REVIEWED & APPROVED BY: ® Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or cwntiol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (If you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative B You pie Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form SS 00 08 0405 b. Coverage under this provision does not apply to: (1) 'Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a cc -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage' to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision- B. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you Rime Matagement DMsion "li Yort•M��:e;j. rREmEWED&APPROpVEDBY.' r�si-wi�.s.¢ R. V�.UdnaF.0 '� Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made' a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "Property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to (a) 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in The original container; Page 12 of 24 (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs (d) or (f); or (it) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Rime kiwagement DMsion "li Yort•M��:e;j. rREmEWED&APPROpVpEDBY.' r�si-wi�.s�¢ R. V�.UdnaF.0 �� Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This. insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. if other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or prior to the injur RrnkMwagementDMsinn "li Yort•M��:e;j. rREmEWED&APPROpVpEDBY.' r�si-wi�.s.¢ R. V�.UdnaF.0 � Risk Management Analyst `;C"RhP CERTIFICATE OF LIABILITY INSURANCE �r Acct# „?,ass Da E(MMIDDrcrrY) 8/4/2020 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 Lockton Companies, LLC 3657 Briarpark Dr., Suite 700 CONTACT 888-828-8365 NAME PHONE FAX A/C, No Exl: LAIC, No: E-MAIL Houston, TX 77042 ADDRESS: INSURER(SI AFFORDING COVERAGE NAIL# INSURER A: Ace American Insurance Co. 22667 INSURED Insperity, Inc. L/C/F INSURER B KOSMON T & ASSOCIATES, INC. INSURER C 19001 Crescent Springs Drive Kingwood, TX 77339 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 RINSD TYPE OF INSURANCE ADDL MDSUBR POLICYNUMBER EFF MMIDPOLICYYYY EXP MMIDDI�YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TO REN PREMISES EaoccunTED ence $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GENU AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PRO-JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER'. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BCD I LY INJURY (Per person) $ MY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per ad. dent $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA X C66712679 10/1/2019 10/1/2020 X PER OTH- STATUTE ER E. L EACH ACC I DENT $ 1,000, 000 E. L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD ID1, Additional Remarks Schedule, may be attached if more space is required) Notice to Others Endorsement Included WAIVER OF SUBROGATION IN FAVOR OF CITY OF SANTAANA WHEN REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FLOOR SANTA ANA, CA 92701 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 Ride Mrtinagnnent Didsion rrREVIEWED &{{A�PPRO�VVED By., $ rAsi-H(�e ram. V�RRE/t¢afl. 'ep'll"Fill'iIi Risk Management Analyst ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Insperity, INC. L/C/F KOSMONT & ASSOCIATES, INC. Policy Number 19001 Crescent Springs Drive Symbol: RWC Number: C66712679 Kingwood, TX 77339 Policy Period Effective Date of Endorsement 10/1/2019 TO 10/1/2020 10/29/2019 Issued By (Name of Insurance Company) Ace American Insurance Co. Insert the policy number. The remainder ofthe information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule (X) Specific Waiver Name of person or organization: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA 4TH FLOOR SANTA ANA, CA 92701 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. ��11 rf rll'1RIlii1' - r�'ia"i1 . r111"i1�1►U11�1�7��] WC 99 03 22 4L1&t*= u orize epresen a ive Rime Management DMsian REVIEWED&APPRDVEDBy., '� Risk Management Analyst ace CERTIFICATE OF LIABILITY INSURANCE DAT/04/D/ o8/oarzo20 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 NAME: Rick Powell Rick Powell Insurance Agency, Llc R/c°NN Est), (818) 861-7440 a/c No): (760) 804-9710 3500 West Olive Ave, Suite 300 nooRESS: rick@insurance4ca.com Burbank, CA 91505 INSURER(S) AFFORDING COVERAGE NAIC # Phone (818) 861-7440 Fax (760) 804-9710 INSURERA: INSURED INSURER B Kosmont Real Estate Services dice Kosmont Realty INSURER C: 1601 N. Sepulveda Blvd., Suite 382 INSURER D INSURER E: Scottsdale Indemnity Company 15580 Manhattan Beach, CA 90266 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 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 NSRLSWVD POLICY NUMBER ADDUBRPOLICY EFF POLICY EXP LIMITS (MM/DD/YVVV) (MM/DD/YVVV) ❑ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ❑ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PRFMISFS IFa occ rrencel $ G EN IT AGGREGATE IT IS IT APPLIES PER'. ❑ POLICY ❑ JECT ❑ LOC ❑ OTHER AUTOMOBILE LIABILITY ❑ ANY AUTO ❑AUTOS ONLY ❑ AUTO ❑OWNED SCHEDULED HIRED NON -OWNED AUTOS AUTOS ONLY ❑ UMBRELLA LIAB ❑ OCCUR ❑ EXCESS LIAB ❑ CLAIMS -MADE ❑ DED ❑ RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E Errors & Omissions Coverage EKI3337987 07/03/2020 07/03/2021 DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER Risk Management City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2016/03) OF CANCELLATION MED FAR (Any one person) $ PERSONAL & ADS INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OPAGO $ COMBINED SINGLE LIMIT (Ed accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident $ PROPERTY DAMAGE $ Per accident EACH OCCURRENCE $ AGGREGATE $ E L. EACH ACCIDENT $ EITDISEASE- EAEMPLOYE $ ELDISEASE- POLICY LIMIT $ $1,000,000/$1,000,000 Per Claim/ Aggregate SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD The ACORD name and I Rime Managxnlent Diuisian REV EWED &APPROVED BY: '� Risk Management Analyst