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HomeMy WebLinkAboutWHITE NELSON DIEHL EVANS LLP (2)INSURANCE ON RILE A-2020-035 VVORK MAY PROCEED UNTIL INSURANCE EXPIRES b6lm /2ozo CLERK OF CUUNCIL DATE AGREEMENT WITH WHITE NELSON DIEHL EVANS LLP 0 :ryISUt,t favuA ro �J TO PROVIDE AUDITING SERVICES THIS AGREEMENT is made and entered into on this 31 day of March, 2020 by and between White Nelson Diehl Evans LLP, a limited liability partnership, ("Auditor"), and the City of Santa N Ana, a charter City and municipal corporation organized and existing under the Constitution and co laws of the State of California ("City"). N RECITALS a A. The City desires to retain an Auditor having special skill and knowledge in the field of providing professional auditing services. B. Auditor represents it is recognized as a competent and qualified certified public accountant, duly authorized to practice and licensed as such by the California State Board of Accountancy, and is able and willing to provide auditing services to the City. C. In undertaking the performance of this Agreement, Auditor represents that it is knowledgeable in its field and that any services performed by Auditor 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: 1. SCOPE OF SERVICES Auditor shall perform its Annual Independent Audit for the two fiscal years ending June 30, 2020 and June 30, 2021. Services shall be performed pursuant to the Auditor's January 14, 2020, proposal attached hereto as Exhibit A. The Executive Director of Finance and Management Services Agency for the City can issue a written request that Auditor provide other auditing services during this term. Any increase in the overall compensation, noted in Section 2.a. below, for said services are subject to approval by the City Council for the City of Santa Ana. 2. COMPENSATION a. City agrees to pay, and Auditor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total sum to be expended during the initial term for the fiscal year ending June 30, 2020 shall not exceed $185,630. The total sum to be expended, for an extension period exercised per Section 3, below, for the fiscal year ending June 30, 2021 shall not exceed $185,630. The total amount to be expended during the term of this Agreement shall not exceed $371,260. b. Payments to Auditor shall be made within forty-five (45) days after receipt by City of invoices from Auditor, which shall be rendered not more often than monthly. Special examinations, surveys, or detailed reports of any nature outside the scope of this Agreement shall be billed separately by Auditor and must be specifically authorized in Page 1 of #27965v2 writing by City in advance if such additional services proposed to be provided. Payment need not be made for work which 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 first written above and continue through the completion of services for the fiscal year ending on June 30, 2020. City hall retain an option to extend auditing services for an additional fiscal year ending June 30, 2021, subject to non - substantive changes approved by the City Manager and City Attorney, unless the Agreement is terminated earlier in accordance with Section 14, below. 4. INDEPENDENT CONTRACTOR Auditor shall, during the entire tern of this Agreement, be construed to be an independent Auditor and not an employee of the City. This Agrecrncat is not intended nor shall it be construed to create an employer-eniployce relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Auditor performs the services which are the subject matter of this Agreement; however, the services to be provided by Auditor shall be provided in a manner, consistent with all applicable standards and regulations governing such services. Auditor 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, DELIVER OF WORK PRODUCT -OWNERSHIP Auditor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry, Auditor' s contribution to the Project, including works to be produced by Auditor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party, Auditor shall deliver to City any work product which results from the services provided, Said work product shall be submitted in bard copy and produced in a form compatible with City' s information systems, as agreed between the Project Manager and Auditor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Auditor, Auditor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within he scope of their official duties, as a condition of payment to the Auditor, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. Page 2 of 9 #279&5v2 6. INSURANCE Prior to undertaking performance of work under this Agreement, Auditor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Auditor 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 Auditor'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 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, employees, 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 fortn, 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, Auditor, if Auditor 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 under this Agreement, Auditor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Auditor 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 fallowing requirements apply to the insurance to be provided by Auditor pursuant to this section: i. Auditor 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 (lie 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, Page 3 of 9 #27965v2 v. Auditor shall supply City with a fully executed additional insured endorsement. £ If Auditor 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 forthwith terminate this Agreement. Such termination shall not affect Auditor's right to be paid for its time and materials expended prior to notification of termination. Auditor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Auditor 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 Auditor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from tiny 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 Auditor 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. Notwithstanding the foregoing, to the extent Auditor'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 Auditor. 8. RECORDS Auditor shall keep records and invoices in connection with the work to be performed under this Agreement. Auditor 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 Auditor under this Agreement. All such records and invoices shall be clearly identifiable. Auditor 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. Auditor 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 Auditor under this Agreement. Page 4 of 9 #27965v2 9. CONFIDENTIALITY All information gained by Auditor in performance of this Agreement shall be considered confidential and shall not be released by Auditor without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, government Code Section 6250 et seq. Auditor, its officers, employees, agents, or subcontractors, shall'not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerting the project or cooperate in any way with a party who may be adverse to City or whom Auditor reasonably should know may be adverse in any subsequent litigation. Auditor shall incur no liability under this Agreement for materials submitted by it, which are later released by City, its officers, employees, or agents. Auditor shall also incur no liability for statements made by it at any public meeting, or for any document released by it for which prior written City authorization was obtained. If Auditor or any of its officers, employees, consultants, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Auditor for any damages caused by Auditor's conduct --including attorney's fees, Auditor shall promptly notify City should Auditor, its officers, employees, agents or subcontractors be served with any Summons, Complaint, Subpoena, Notice of Deposition, Request for Documents, Interrogatories, Request for Admissions or other discovery requests from any party regarding this agreement and the work performed hereunder. City retains the right, but not the obligation, to represent Auditor and/ or to be present at any deposition, hearing, or similar proceeding. Auditor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Auditor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. City warrants that Auditor will have fully met the requirements of this provision by obtaining City's written approval prior to providing documents, testimony, or declarations; Consulting with City before responding to a Subpoena or court order; in the case of depositions upon providing Notice to City of same; or providing City opportunity to review discovery responses prior submission. For purposes of this section, a written authorization from City shall include an email or "faxed" letter. 10. CONFLICT OF INTEREST CLAUSE Auditor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perfiumance of services specified under this Agreement. It. NON-DISCRIMINATION Auditor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic Page 5 of 9 #27965v2 information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Auditor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Auditor, 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 Auditor. The parties agree that any terns 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 Auditor 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. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Auditor, Auditor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnent, 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 If, at any time during the term of this Agreement, City determines that Auditor is not faithfully abiding by any term or condition contained herein, City may notify Auditor in writing of such defect or failure to perform; which notice must give Auditor a ten (10)-day notice of time thereafter in which to perform said work or cure the deficiency. If Auditor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to the Auditor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities or rights under this Agreement except, however, any and all obligations of Auditor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any inanner waived by the termination hereof, In said event, Auditor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, less any offset from such payment representing the City's damages from such breach. City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Auditor be entitled to receive in excess of the compensation quoted in its bid. Page 6 of 9 #2796Sv2 15. 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. M. 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 he the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Auditor shall, throughout the term of this Agreement, maintain all necessary 'licenses, pennits, 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. Auditor 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. 18. 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, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) Page 7 of 9 #27965v2 P.O. Box 1988 Santa Ana, California 92702 Fax:714.647-5414 To Auditor: White Nelson Diehl Evans LLP Certified Public Accountants and Consultants Attn: Nitin Patel 2875 Michelle Drive, Suite 300 Irvine, CA 92606-5165 Fax:714-795-5382 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 19. 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 autbority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the fimil and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Auditor is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signature page follows] Page 8 of 9 #27965v2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �sJ�� III /Daisy Gomez 1 4 Clerk o Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ^- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: iai� " Kathryn Do ns, CPA Executive Director Finance and Management Services Agency CITY OF SANTA ANA Inis6ne Ridge City Manager WHITE NELSON DIEHL EVANS LLP Nitin Patel Engagement Partner Page 9 of 9 #27965v2 F,XIOBTr A ScOK op $MV"S. w OAT9$ bauary 14,12020 Ms. Kathryn pawns birectorofFinance City.of Santa 20 wito Center plaza Santa.4na,,CA 92'J01 pearKAthryt We are pleased that the City.of Santa Ana would lilte•ta extend our agreeinont to provide and t`services for the:fiscal year�2010�20 with an, option for the fisuai year 2020 21, White Nelson filehl Evans T L F speeiati�os in audits of cities and has an extensive. government. services. staff, which: will enable us to uonGinue to provide the satkte ihvel of aervtees wo have provided m the past tour years.. The praposod fees.shown in the enclosedattachment contain a 7.60/a discount from the fiscal year 2018-19 fees and have no increase`from psealyear 2010-201 to 2020-2I. Tf you have questions,on the proposed fees; plsase contact tie at (714)979.1300 or by ernail.:it npatel'(a�tvntleepa:com; veryandY yours, "ITENSLSON. AIEHL"E'UANS,LLP " .P IO. Nltin F Patel, CPA Engagen'etit. Pautner 297" MdIelle drive, Suite 300 I .I ile; Cahiorni"2E.06 I WNb Cl't**.cam71.00$-,ISOQ ..ITT OF SA14TA ANA Kqv�am, Rml�mlmwa-JA Our maximurn.fecs:for the two years ending.jun6,50', M21 will be asUloWs: Deict2ion of Soryloos 20 I'll, 261041 av AudloTooditis and autlit-pommittea SlAgle. Audit offederal Grants AQMb audit oftbpAir .Oui(ltylMprovqMpott�.uiid GAM LifilitAdvioW ?rOparatiod dfft Santa Ant HoUAhj Authdri(y!a pin"olat Data Scliodula Preparnfinp cif the o.Controlo?a Roport $ub"41 Measure X Agrodd:Upbu Pfociddioto TotaIAll 4p;Ips!Ve,M"imtuu Prim TwoAgwArVoon (1) M The hours rooduroare estimated 43U�jiaot I and for the agreed upon p por: otoo C.clorem, are dowmined: 3$,724 A720 3R-5. 3.,475. 995, M 4.550 4,* pw Ij350 $ '`'� u CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOPYYYY) 05/0612019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 endorsements . PRODUCER CONTACT ME: STEVE SCHNEIDER Silver Creek Insurance Agency, Inc. PHONE Eld, (714) 838-0093 a1AXc No . (714) 838-9438 17742 Irvine Blvd Ms. sleve@sfivercreekagency.com Suite 203 INSURER(Sj AFFORDING COVERAGE NAICp Tustin CA 92780 INSURER A: SENTINEL INS CO LTD 110DO INSURED INSURER S: White Nelson Diehl Evans LLP INSURERC: 2875 Michelle Ste 300 INSURER 0: INSURER E: Irvine 016-0q -01 CA 92606 INSURERF: ' 'u. lau.ma acR: 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 LT TYPE OF INSURANCE ADDL SUBR Jdan POLICY NUMBER POUOYEFF 10C POLICYYVf MMIOD LIMITS X COMMERCIAL GENERAL UABRITY EACH OCCURRENCE $ 1,000,000 0 AISETD TS (Es,EO $ 1,000,000 CWMS-MADE ❑X OCCUR ca MED UP(" me parson S 10,000 PERSONAL S ADV INJURY S 1.000,000 A X 57SBADH5588 06101/2019 O6/0WO20 AGGREGATE LIMIT APPLIES PER: POUCY ❑ PENT GENERALAGGREGiTE $ 2,000,000 GEN'L X PRODUCTS-COMPIOPAGG S 2,000.000 LOC OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ectltlen $ 11000,000 pN O BODILY INJURY (Per person) g APOWNED NED SCHEDULED AMOS ONLY AUTOR 57SBABH5586 06/01/2019 06/01/2020 BODILY INJURY (Par attitlenl) $ HIRED v NON-OVINED AUTOS ONLY /� AUTOS ONLY WMAGE S ffiPReraaooddenn S X UMBRELLA LMB X CUR EACH OCCURRENCE g 4,000,000 A EXCESS UA6 CLAIMS -MADE 57SBABH5586 06/01/2019 06/01/2020 AGGREGATE S 4,000,000 OEO X RETENTIONS 10000 PR/COMP OPS AGO $ 4,000,000 KE WORRS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE E.LEACHACCIDENT S 1,000.000 A ANY OFFlCEWNEMB R EXCLUDEDRIPARTNERJi�CUTNE Y NIA 57WECDX4233 O6/0112019 Ofi/01/2020 (Mandatory In NH) If yyes. tlescribs under EL 05FARE-EA EMPLOYE $ 1,000,000 ELDISEASE-POUCYLIMIT $ 1,000.000 DESCRIPTIONOF OPERATIONS bebn DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addidanal Remarks Schedule, may be attached if more space Is required) Those usual to the Insured's operations. The City, its officers, employees, agents and volunteers are named as additional per additional insured form SS00080405 attached to this policy. Certificate holder is automatically added as additional insured when required by written contract. Business liability wavier of subrogation applies. Coverage is primary and non-contributory, By Risk MANAGEMENT pI - r IF ,11,IA�A- Santa Ana CA 92702-1964 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORREO REPRESENTATIVE @ 1988-2015 1IIe mrvmu name ano logo are registered marks of ACORD reserved. A� CERTIFICATE OF LIABILITY INSURANCE O02103/N0I0 Ov03r2oz0 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(tes) must be endorsed. If SUBROGATION IS WANED, subject to the terns and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate doss not confer rights to the Certificate holder In lieu of such endursement(s). PRODUCER ICORTACT C....... Will- --- CAMICO Insurance Services 1800 Gateway Drive, Suite 300 San Mateo, CA 94404 INSURED White Nelson Diehl Evans LLP 2875 Michelle Drive, Suite 300 Irvine, CA 9260B CFOTIFIPATC PHONE EnJcaaeF.n .800-652-1772 (gn.Nel800-227-2090 ADDRESS: PRODUCER - - - — — CUSTQMERllLP- -. INSURERS) WFORDINOCOyERAGE NALC RISURERA: Great Divide Insurance Company _ 25224 RISURERe: _ _ INSURER C: IxsuREao: -- INSURER E:.- ' 1arV1'r nY1VE FOR THIS IS TO CERTIFY THAT THE POLICIES INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE THE POLICY PERIOD UI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ES RESPECT CERTIFICATE MAY TO WHICH THIS ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED THE POLICIES DESCRIBED HEREIN IS SUBJECT SUBJECT O TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N INER OLTSDHFi�-- POLICY EFF r PODGY E%P LTR TYPE OFINSURANCE POLICY NUMBER MMU MRID IINRS two GENERAL LIABILITY ! -- EACH OCCURRENCE $ _ COMMERCIAL GENERAL UABILTY _ PREMISES RENTEi enmJ S CLAIMSMAOE OCCUR 5--- - _ MED EXP(My one p....1 PERSONAL S ADV INAIRY -:- - - -- --- § GENERAL AGGREGATE GEMLAGGREOVrELIMrAPPLIESPER: PRODUCTS-COMP/OP AEG _§ § 7 POLICY JET LOC - -- S AIROMOBBE LIABRIrY COMBINEDSINGLEUMIT ANY AUTOALL (Eaacdtla,R) _ § AUTOS I� I BODILY INJURY (Par"Mon) S SCHEDULED SCHEDUAUTOS INJURY BODILY INJU(Per acddenQ S HIRED AUTOS PROPERTY DAMAGE (PerflaMenl) S NOM�OWNED AUTOS S UNORELLALIRe OCCUR ICLAIMS-MAnE EACH OCCURRENCE EXCESS LIAR - — �I AGGREGATE § DEDUCTIBLE _._ _. § RETENTION § WORKERS COMPENSATIONTATU WCYLIMIT : OTH- ANDEMPLOYERS'UABII.TY ANYPROPREETORIPARTNEE(F%ECUTIVE YIN TQ[jY LIMITS F� _ OFFlCERRAEMBER IXCLUOE09 I I NIA I 1 E.L EACH ACCIDENT § rantlafaryln NH) yes,tlesriheuntler : E.LDISEASE-EAEMPLOyZ S _ E.LOMEASE-POLICYDMIT X Professional Liability I� r I S CAB201217 1/01/2021 Per Claim: Insurance 11101121120 I I Policy Aggregate: $10.000,000 DESCRIPTIONOFOPERATIONSi LOCAnO IVEHICLES(Attach ACORD 101. Additional Remarks Schotlule, Iran o epaoa in naiad) Cityof Santa Ana REVItwCu """ r r..� • - - B RISK MANAGEMENT DIVISION SHOULD ANY OF THE ABOVE E RIBED/POLICIES as CANCELLED BEFORE THE 20 Civic Center Plaza Y EXPIRAnON DATE THEREOF, H TICE ILL I E d LIVERED IN ACCORDANCE WRH THE Santa Ana, CA 92701 POUCYPROVICION! yy , 11f AUTHORIZED REPRESENTATIVE 01988. 2009 ACORD CORPORATION. All richts reserved nwl�Y Aa (cvunrDn) I ne ACUHU name and logo are registered marks of ACORD Clear All NAIC # 203032028112777 12/18/2020 1,000,0001,000,00010,0001,000,0002,000,0002,000,00010,000,0001,000,00050,000,00050,000,0001,000,0001,000,0001,000,000 DATE (MM/DD/YYYY) (651) 484-1602 $$$$$$$$$$$$$$$$$$ LIMITS OTH-ER FAX(A/C, No): PERSTATUTE Combined TotalAggregate EACH OCCURRENCEDAMAGE TO RENTEDPREMISES (Ea occurrence)MED EXP (Any one person)PERSONAL & ADV INJURYGENERAL AGGREGATEPRODUCTS - COMP/OP AGGCOMBINED SINGLE LIMIT(Ea accident)BODILY INJURY (Per person)BODILY INJURY (Per accident)PROPERTY DAMAGE(Per accident)EACH OCCURRENCEAGGREGATEE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEEE.L. DISEASE - POLICY LIMIT REVISION NUMBER: POLICY EXP 12/31/202112/31/202112/31/202112/31/2021 (MM/DD/YYYY) © 1988-2015 ACORD CORPORATION. All rights reserved. INSURER(S) AFFORDING COVERAGE (800) 497-3424 Great Northern Insurance CompanyFederal Insurance CompanyChubb Indemnity Insurance Company Rose Tonnrose.tonn@northriskpartners.com POLICY EFF 12/31/202012/31/202012/31/202012/31/2020 (MM/DD/YYYY) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. CONTACTNAME:PHONE(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :CANCELLATION AUTHORIZED REPRESENTATIVE 20/21 CERT #3 55164-001655402-143692701 POLICY NUMBER CA MNMN 35983569735728257988074771749276 WVD The ACORD name and logo are registered marks of ACORD SUBR N / A INSD ADDL CERTIFICATE OF LIABILITY INSURANCE N Y / N CERTIFICATE NUMBER: LOC 0 OCCUROCCURCLAIMS-MADE $ SCHEDULEDAUTOSNON-OWNEDAUTOS ONLY PRO-JECT RETENTION TYPE OF INSURANCE CliftonLarsonAllen LLPLarsonAllen LLP, Clifton Gunderson LLP220 South 6th Street, Suite 300MinneapolisCity of Santa AnaRisk Management Division20 Civic Center Plaza, 4th FlSanta Ana CLAIMS-MADE COMMERCIAL GENERAL LIABILITYPOLICYOTHER:ANY AUTOOWNEDAUTOS ONLYHIREDAUTOS ONLYUMBRELLA LIABEXCESS LIABDED GEN'L AGGREGATE LIMIT APPLIES PER:AUTOMOBILE LIABILITY WORKERS COMPENSATIONAND EMPLOYERS' LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. ABBC North Risk PartnersP.O. Box 64016St PaulThe City, its officers, employees, agents, volunteers and representatives are included as additional insureds on General Liability per form 80-02-2367 Rev5-07 and on Automobile per form 16-02-0292 Ed 4-11 when required in prior written contract. General Liability is primary and non-contributory per form80-02-2367 Rev 5-07 and Auto Liability is primary per form 16-02-0292 Ed 4-11 when required in prior written contract. Waiver of Subrogation included onGeneral Liability per form 80-02-2000 & on Auto per form 16-02-0292 when required in prior written contract. General Liability & Auto Policies have beenendorsed to provide 30 days notice of cancellation, with the exception of 10 days notice of cancellation for non-payment of premium per form 80-02-9779and 16-02-0306 respectively. Umbrella Policy is follow form. Waiver of Subrogation is included on Workers' Compensation Policies for all states exceptKentucky where prohibited by law utilizing the following policy forms: California WC 99 03 04, Texas WC 42 03 04, All Other States, Except Kentucky WC PRODUCERINSURED COVERAGES DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)CERTIFICATE HOLDERACORD 25 (2016/03) LTR INSR of Page © 2008 ACORD CORPORATION. All rights reserved. 00106559 LOC #: NAMED INSUREDEFFECTIVE DATE: AGENCY CUSTOMER ID: NAIC CODE Certificate of Liability Insurance The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS SCHEDULE FORM TITLE: 25 AGENCYPOLICY NUMBERCARRIER ADDITIONAL REMARKSTHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,FORM NUMBER:ACORD 101 (2008/01) North Risk Partners 00 03 13, when required by prior written agreement. Workers' Compensation coverage is not provided in the following monopolistic states: ND; OH, WA;and WY. of Page © 2008 ACORD CORPORATION. All rights reserved. 00106559 LOC #: NAMED INSUREDEFFECTIVE DATE: CliftonLarsonAllen LLP AGENCY CUSTOMER ID: NAIC CODE Certificate of Liability Insurance The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS SCHEDULE FORM TITLE: 25 AGENCYPOLICY NUMBERCARRIER ADDITIONAL REMARKSTHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,FORM NUMBER:ACORD 101 (2008/01) North Risk Partners forms: California WC 99 03 04, Texas WC 42 03 04, All Other States, Except Kentucky WC 00 03 13, when required by prior written agreement. Workers'Compensation coverage is not provided in the following monopolistic states: ND; OH, WA; and WY. such Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide withinsurance as is afforded by this policy. the notify THE 2 of 1 Page ELLATION TO TICE OF CANCELLATION, COMMERCIAL AUTOMOBILE RGANIZATION(S) PROVIDED THAT nonpayment of premium, we will ICY. PLEASE READ IT CAREFULLY. CANCELLATION END NOTICE OF CANC SCHEDULE MAIL ADDRESS OF THE PERSON(S) OR - ions the following condition is added: FORM rganization(s): NOTICE OF O ion(s) described in the SCHEDULE at least 30 days in advance of the 11) RAGE FORM SCHEDULED PERSON(S) OR ORGANIZATION(S) - (S). E PERSON(S) OR ORGANIZATION(S) WITH NO AND, IF AVAIABLE, E RE OBLIGATED, PURSUANT TO A WRITTEN CONTRACT OR AGREEMENT (OTHER THAN NONPAYMENT OF PREMIUM) VIDE 0306 (Ed. 5 SCHEDULED PERSON(S) OR ORGANIZATION(S) NIZATION - ess: NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) 02 YOU A - THIS ENDORSEMENT CHANGES THE POL This endorsement modifies insurance provided under the following:BUSINESS AUTO COVERAGE FORMBUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORMGARAGE COVERAGETRUCKERS COVMOTOR CARRIER COVERAGE FORMWith respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.Name of Person(s) or IF TO PROTHEN WE WILL NOTIFY SUCH PERSON(S) OR OWITHIN 15 DAYS OF THE DATE WE SFIRST NAMED INSURED, THE FIRST NAMED INSURED OR PRODUCER OF RECORD PROVIDES US WITH THE SPREADSHEET CONTAINING THE NAME, MAILING ADDRESSORGAAddrN/AUnder Common Policy ConditWhen we cancel this policy for any reason other than person(s) or organizatcancellation date.Any failure by us to notify such person(s) or organization(s) will not:16 2 of 2 Page COMMERCIAL AUTOMOBILE ICY. PLEASE READ IT CAREFULLY. . cancellation 11) - such validate Impose any liability or obligation of any kind upon us; orIn 0306 (Ed. 5 - ¥¥ 02 - THIS ENDORSEMENT CHANGES THE POL16 last age Page 10 last page Premium) Of Payment - Non (Except Organizations Or Persons Scheduled To Cancellation Policy Conditions Of NoticeEndorsement 11) - 3 (Ed. 9779 - 02 - 80 Policy ConditionsForm E OBJD!$ oepstfe/ 2302803131 EBUF!)NN0EE0ZZZZ* 6-111-11121-111-111 %%%%%%%%%%%%%%%%%% MJNJUT PUI.FS GBY)B0D-!Op*; QFSTUBUVUF FBDI!PDDVSSFODFEBNBHF!UP!SFOUFEQSFNJTFT!)Fb!pddvssfodf*NFE!FYQ!)Boz!pof!qfstpo*QFSTPOBM!'!BEW!JOKVSZHFOFSBM!BHHSFHBUFQSPEVDUT!.!DPNQ0PQ!BHHDPNCJOFE!TJOHMF!MJNJU)Fb!bddjefou*CPEJMZ!JOKVSZ!)Qfs!qfstpo* CPEJMZ!JOKVSZ!)Qfs!bddjefou*QSPQFSUZ!EBNBHF)Qfs!bddjefou*FBDI!PDDVSSFODFBHHSFHBUFF/M/!FBDI!BDDJEFOUF/M/!EJTFBTF!.!FB!FNQMPZFFF/M/!EJTFBTF!.!QPMJDZ!MJNJU Fbdi!DmbjnBhhsfhbuf SFWJTJPO!OVNCFS; vjsfe* QPMJDZ!FYQ 23026032 )NN0EE0ZZZZ* JOTVSFS)T*!BGGPSEJOH!DPWFSBHF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Kpio!Ifdiu958.496.7911QTHDfsutAmfnnf/dpn OBVUJMVT!JOT!DP!boe!wbsjpvt!jotvsfst QPMJDZ!FGG )NN0EE0ZZZZ*23026031 TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSFUIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JOBDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ DPOUBDUOBNF;QIPOF)B0D-!Op-!Fyu*;F.NBJMBEESFTT;JOTVSFS!B!;JOTVSFS!C!;JOTVSFS!D!;JOTVSFS!E!;JOTVSFS!F!;JOTVSFS!G!;DBODFMMBUJPO BVUIPSJ\[FE!SFQSFTFOUBUJWF 71:1678: QPMJDZ!OVNCFS QBQ`2111118`Q.21 VTB XWE TVCS 2.958.496.7911 Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE JOTEO!0!B BEEM DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF Z!0!O DFSUJGJDBUF!OVNCFS; F W J MPD U V PDDVSDMBJNT.NBEF D F Y TDIFEVMFEBVUPTOPO.PXOFEBVUPT!POMZ F 0 S F O U QSP.KFDUS B Q 0 S P U UZQF!PG!JOTVSBODF F J DMBJNT.NBEFPDDVS S Q P DPNNFSDJBM!HFOFSBM!MJBCJMJUZ QPMJDZPUIFS;BOZ!BVUPPXOFEBVUPT!POMZIJSFEBVUPT!POMZ VNCSFMMB!MJBCFYDFTT!MJBC EFESFUFOUJPO% S !Q Z O HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;BVUPNPCJMF!MJBCJMJUZ Qspgfttjpobm!Mjbcjmjuz XPSLFST!DPNQFOTBUJPOBOE!FNQMPZFST(!MJBCJMJUZ BPGGJDFS0NFNCFS!FYDMVEFE@)Nboebupsz!jo!OI*Jg!zft-!eftdsjcf!voefsEFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJTDFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF! 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