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HomeMy WebLinkAboutMDG ASSOCIATES, INC 3 - 2020INSURANCE ON FILE A-2020-099 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 0210liIo7o CLERK OF COUNCIL DATE: CONSULTANT AGREEMENT LAG`` �Ov c� �lovs �J INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS N THIS AGREEMENT, made and entered into this I" day of July, 2020, by and between N MDG Associates, -Inc., a California corporation ("Consultant"), and the City of Santa Ana, a co charter city and municipal corporation organized and existing under the Constitution and laws of o the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of grant monitoring and technical support services, as well as administrative services, for federal grant programs, including the Community Development Block Grant ("CDBG"), HOME Investment Partnership Program (HOME), Emergency Solutions Grant ("ESG"), and Workforce Innovation Opportunity Act ("WIOA"). B, The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") CDBG Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Regs"). C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Regs. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Pursuant to this Agreement, Consultant will provide select monitoring and technical support services, as well as administrative services, for the City of Santa Ana's CDBG, HOME, ESG, and WIOA Programs, as set forth in Exhibit A attached hereto and incorporated herein. 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. For monitoring services, the total sum to be expended under this Agreement shall not exceed $38,372.00 per year for the three-year term, for a total of $115,116.00 during the term of this Agreement. For administrative services, the total sum to be expended under this Agreement shall not exceed $30,000.00 per year for the three-year term, for a total of $90,000.00 during the term of this Agreement. The Agreement shall also include a contingency amount not to exceed $10,00.00. Overall, the total sum to be expended under this Agreement shall not exceed $215,116.00"during the term of this Agreement b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. UNE0WIi31-1 This Agreement shall commence on July 1, 2020 and terminate on f6he 30i 2023, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended by 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 a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per 2 occurrence. Consultant shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work 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. 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 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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 direct or indirect operations of the Consultant or its contractors, subcontractors, 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 3 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 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. 7. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant expends Seven Hundred and Fifty Thousand Dollars ($750,000.00) or more in federal funds, Consultant shall have a single audit or program specific audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. 4 H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG Regulations. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above -referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and/or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 5 connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City -assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an agent, employee, consultant, officer, or elected or appointed official of City, or of any designated public agency, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug - free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, disability, religion, sex or other protected class will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Further, any conflict or potential conflict of interest of any employee/officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the 7 mailing or service of the notice of tern ination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. VENUEMURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. 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 facsimile 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, California 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 Phone: (909) 476-9696 Facsimile: (909) 476-6086 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: •AGOMEZ '�'� City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: =- Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency ID CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT 'I ax ID# EXHIBIT A PROPOSAL M D G CITY OF SANTA ANA RFP # 20-046 PROPOSAL ON -CALL HUD DEPARTMENT AND WORKFORCE INNOVATION OPPORTUNITY ACT (WIOA) GRANT MANAGEMENT SERVICES CORPORATE HEADQUARTERS 10722 ARROW ROUTE, SUITE 822 RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909/ 476-9696 FAX NO.: 909/ 476-6086 March 27.2020 City of Santa Ana Mr. David Flores, Community Development Analyst Community and Economic Development Department 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Proposal to Provide On -Call Department of Housing and Urban Development(HUD) and Workforce Innovation Opportunity Act (WIOA) Grant Management Services Dear Mr. Flores: MDG Associates, Inc. (MDG) is pleased to submit its qualifications to provide and/or assist with the monitoring and on -call technical assistance of the City's Community Development Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships (HOME) programs and Workforce Innovation Opportunity program. MDG, along with its affiliate LDM Associates, Inc. (LDM), have been providing high -quality services to municipal agencies, the U.S. Department of Housing and Urban Development (HUD) and private clients for over 29 years. MDG's emphasis and capabilities are in the grants management of HUD funded Community Planning and Development (CPD) Programs such as Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) in addition to one-time entitlement grants such as the Neighborhood Stabilization Programs (NSP 1, 2 & 3) and the Homelessness Prevention and Rapid Rehousing Program (HPRP). The firm provides administration and/or implementation services for programs such as housing rehabilitation, commercial rehabilitation, first time homebuyer and labor compliance (both State and Federal). MDG is a registered California corporation and is a certified State of California Minority Business Enterprise (MBE). Our consulting team is comprised of highly qualified professional staff with expertise in all aspects of CDBG and HOME Program administration and implementation. Provided herewith, is the information requested in your Request for Proposals (RFP). You may contact me at the following address, telephone number or e-mail should you have any questions regarding this proposal: MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 (909)476-9696 rmunoz a nil_ Idni.cunt 10722 Aaow Route . Suite 822 . Rancho Cucamonga . California 91730 (909) 476-9696 . Fax (909) 476-6086 If you have any questions regarding this matter, please do not hesitate to call me at your convenience. Respectfully Submitted, Ray € fUr;"� President Enclosure: Proposal 10722 Arrow Route - Suite 822 - Rancho Cucamonga - California 91730 (909) 476-9696 - Fax(909) 476-6086 CITY OF SANTA ANA PROPOSAL MONITORING AND TECHNICAL SUPPORT SERVICES TABLE OF CONTENTS Section I. Description of Firm and Qualifications Section II. Relevant Experience Section III. Project Staff Qualifications 4 Section IV. Project Team Information and Organizational Chart.................................................................................... 7 Section V. References ... Section VI. Scopeof Work and Budget.............................................................................................................................. 10 Section VII. Schedule of Hourly Billing Rates...................................................................................................................... 12 Resumes of Key Personnel 1 SECTIONI. DESCRIPTIONOFFIRM AND QUALIFICATIONS MDG Associates, Inc. (MDG) was established in 1991 and has undergone steady growth since its inception. MDG is a corporation registered in the State of California. MDG is a registered Minority Business Enterprise (MBE) and a Small Disadvantaged Business (SDB/DBE). In response to our clients' needs, MDG and its affiliate LDM Associates, Inc. (LDM) provide a wide variety of Community Development consulting services including, but not limited to. Grants Management; Project Management; Construction Management; Architectural Design; Urban Planning; and Labor Compliance Monitoring. MDG provides administrative and management services to cities that are seeking a consultant that can act as an extension of their staff and look after the best interest of the City. Grants Management: MDG currently provides day-to-day and on -call administration and implementation services for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), Community Development Block Grant -Disaster Recovery (CDBG-DR), and Neighborhood Stabilization Programs (NSP). MDG has also managed other grants such as State grants, recovery grants, and Homeless Prevention and Rapid Rehousing (HPRP) grants. In addition, MDG implements activities funded under the aforementioned programs such as Residential Rehabilitation, Commercial Rehabilitation, First -Time Homebuyer, Economic Development, and Labor Compliance Monitoring and Enforcement Services. As HUD CPD program management consultants, our staff assists with the day-to-day administration of the programs, including the preparation of Five -Year Consolidated Plans, One -Year Action Plans and CAPERS as well as the monitoring of capital improvement projects for compliance with the Davis -Bacon Act requirements, and sub -recipients for compliance with applicable requirements. MDG staff maintains an excellent relationship with the local HUD offices as well as at the headquarters level (Washington D.C.). MDG staff currently provides technical assistance (TA) to grantees throughout the country on behalf of HUD Headquarters through the OneCPD and Community Compass Programs. The technical assistance is provided to states, counties, cities and other HUD -funded grantees in conjunction with the CDBG, HOME, and NSP programs as well as the IDIS and DRGR HUD reporting systems. MDG staff has been proving training at the national level on behalf of HUD Headquarters to grantees and HUD Staff. The training has been in the areas of "Basically CDBG," Assessment of Fair Housing (AFH), Disaster Recovery Grant Reporting (DRGR), eCon Planning Suite, CPD Maps, and the Integrated Disbursement Information System (IDIS). Our staff also provides assistance to grantees through the HUD Resource Exchange Ask a Question (AAQ) resource in the areas of CDBG, HOME, and DRGR. MDG and its affiliate LDM are currently under direct contract with 30 cities and three (3) counties with funds from HUD totaling approximately $80.5 million for the day-to-day implementation of their CPD grants and/or programs. In addition, we provide services to other cities and counties on specific tasks such as IDIS input, project monitoring, federal labor standards (Davis -Bacon) compliance, monitoring CDBG/HOME and ESG grants, preparation of Section 108 Loan Guarantee applications to HU, preparation of Consolidated Plan/Action Plan, and the preparation of Consolidated Annual Performance and Evaluation Report (CAPER). Our staff is knowledgeable in a number of computer programs including all of the Microsoft Office software, Microsoft Project, Adobe programs and AutoCAD. Our staff is fully trained in the use of all required Federal, State and local online reporting databases, including but not limited to the Integrated Disbursement and Information System (IDIS), Disaster Recovery Grant Reporting System (DRGR), Homeless Management Information System (HMIS), Recovery Act Management and Performance System (RAMPS), Performance and Accountability for Grants in Energy System (PAGE), HERDS (Environmental Review Module), and FederalReporting. gov. Housing Rehabilitation: MDG along with its affiliate LDM are currently under contract with 15 cities throughout Southern California for the management and implementation of their housing rehabilitation programs, including mobile homes. During the prior year, the firm processed and completed the rehabilitation of approximately 225 residential single-family dwellings and mobile homes. The funds utilized for the implementation of the rehabilitation programs included U.S. Department of Housing and Urban Development (HUD) funds such as CDBG and HOME funds as well as State of California Housing and Community Development (HCD) funds such as State HOME and CalHome funds. Through the years, MDG has developed systems for different types of programs including, but not limited to, emergency repair programs, rental rehabilitation programs, owner -occupied— single family rehabilitation program, and mobile home repair programs. Responsibilities under these programs typically include the overall administration of the program; reviewing applications for eligibility; preparing the environmental review record and clearances where required (California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)); loan underwriting and loan document preparation for loan based programs; initial, progress and final inspections; responding to contractor questions during the bidding process; construction management and oversight; review and process contractor payment request; and preparing regulatory reports for HUD and HCD. Commercial Rehabilitation: During the past 15 years, our firm has been assisting cities in the day-to-day administration and implementation of their Commercial Rehabilitation Programs. During the past five (5) years, we have assisted eight (8) Cities with the rehabilitation of approximately 55 commercial buildings. In addition, we are in the process of setting up two (2) new programs for the Cities of Buena Park and Hesperia. The level of service requested by each City differs, however in most cases we provide the overall administration and implementation services. These include inspection, design services, project management and Davis -Bacon Compliance monitoring. Labor Compliance (Davis -Bacon Act): We are currently under contract to provide Labor Compliance services to 14 cities in Southern California. Our typical scope of work includes preparation and review of bid documents for compliance with Federal labor standards and requirements including Davis -Bacon and Related Acts, Section 3, and DOL regulations; attend pre -construction meeting and present information on Davis - Bacon and Section 3 requirements; review submitted bid documents for compliance; establish and maintain contractor and subcontractor labor files; conduct employee field interviews and document posting compliance; reconcile weekly certified payroll reports and supporting documentation; monitor contractors for Section 3 accomplishments; schedule labor compliance file reviews prior to release of retention funds; and address and resolve any underpayment or deficiency issues. Section 3- Our staff is experienced in the implementation of the Section 3 employment, contracting and training requirements. Currently, we monitor labor compliance activities on 15 projects with a combined construction value of over $12.5 million. Of these projects, ten (10) are Section 3-covered projects with contracts in excess of $100,000. SECTION It. RELEVANT EXPERIENCE CDBG, HOME, ESG, CalHome Programs Administration and Implementation Experience: MDG Associates, Inc. is comprised of individuals with a wide variety of expertise including the services specifically requested by the City. Currently, MDG has twenty-eight (28) staff members. Thirteen (13) of the 28 staff members are knowledgeable and experienced in the administration of HUD's CPD Programs. As grant management consultants, MDG assists with the overall administration of the programs, including CDBG, HOME, ESG, and the CalHome Programs in addition to projects funded under these Programs, as well as the monitoring of subrecipients and capital improvement projects for compliance with Davis -Bacon Act requirements. MDG and its affiliate LDM are currently under contract to administer or assist in the overall administration of CDBG, HOME and/or ESG Programs with the cities of Apple Valley, Azusa, Carson, Claremont, Commerce, Corona, Downey, Duarte, Fontana, Hawthorne, Hesperia, Irvine, La Canada Flintridge, La Habra, Monrovia, Newport Beach, Paramount, Palmdale, Rancho Cucamonga, Rialto, Temecula, Upland, Walnut and Whittier. Seventeen (17) of these cities are HUD entitlement cities and seven (7) are participating cities under the Los Angeles County Development Authority. In recent years, MDG has served the cities of Baldwin Park, Riverside and Santa Ana on specific tasks such as IDIS input, project monitoring, federal labor standards (Davis -Bacon) compliance monitoring, preparation of Consolidated Plan/Action Plan, and preparation of Consolidated Annual Performance and Evaluation Report (CAPER). In addition, MDG currently provides technical assistance to other entities who are providing technical assistance and capacity building for the Community Development Block Grant Disaster Recovery (CDBG-R) program nationwide. SECTION III. PROJECT STAFF QUALIFICATIONS MANAGEMENT AND STAFFING The members of our consulting group proposed to provide monitoring and technical support services include Mr. Rudy Munoz, President who will be overseeing the contract and will be the main contact and responsible for the oversight of the overall monitoring and technical support services with the assistance of Mr. Clint Whited, Vice -President of Grants Management; Mr. Chris Andrews, Director; and Frank Perez, Senior Associate. Rudy Munoz, President —Mr.Rudy Munoz is thePresident and founder of MDG Associates, Inc. With more than 33 years of experience in the community development field, Mr. Munoz' main focus is on assisting municipalities with all aspects of the administration and implementation of their HUD -funded CPD Programs. These include but are not limited to the Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME), Neighborhood Stabilization Program (NSP) and Community Development Block Grant— Disaster Recovery (CDBG-DR) programs. Mr. Munoz works hand -in -hand with municipalities on the development of implementation strategies and tools that facilitate the management of their CPD programs, providing training for the HUD CPD Programs, and at times implementing the day-to-day functions of the programs. These functions include all phases of the program implementation from the initial development of Consolidated Plans and Action Plans for the various programs up to the programmatic and financial closeout of projects and grants. He assists grantees in developing HUD mandated Policies and Procedures for the overall management and oversight of the various CPD Programs as well as individual activities funded under thes e programs such as Housing Rehabilitation, Commercial Rehabilitation, and Homebuyer Programs. Mr. Munoz is a Certified HOME Specialist and is a subcontractor to national Technical Assistance (TA) providers through HUD's OneCPD and Community Compass initiatives. Through the initiatives, he provides TA and training to municipalities throughout the U.S. in CDBG, HOME, NSP, and CDBG- Disaster Recovery Programs. He currently provides training at the national level in "Basically CDBG", Assessment to Fair Housing (AFH), Integrated Disbursement and Information Systems (IDIS), and the Disaster Recovery Grant Reporting System (DRGR). He is a beta tester for HUD on the Disaster Recovery Grant Reporting system. Because of his fluency in Spanish, he has provided many of the aforementioned training in Spanish for the Commonwealth of Puerto Rico and its municipalities. In addition, he has provided training and TA through the initiatives in cross -cutting elements including Financial Management Systems (Uniform Administrative Systems), Davis -Bacon and Related Acts (DBRA), and Assessment of Fair Housing (AFH). Prior to his time with MDG, Mr. Munoz worked for a number of municipalities in Southern California. Mr. Munoz received a Bachelor of Architecture (BArch) from California Polytechnic University in Pomona. Clint Whited, Vice -President - Mr. Clint Whited joined MDG Associates, Inc. in 2006 and currently serves as Vice -President of Grants Management. With more than 14 years of experience in the planning and implementation of federal grants including those offered by the U.S. Department of Housing and Urban Development — Office of Community Planning and Development, Mr. Whited assists municipalities with all aspects of Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) management. Mr. Whited focuses on strategic community investment in affordable housing, development of infrastructure and coordinating the supportive services necessary to achieve local goals and to affirmatively further fair housing choice. His work in these areas includes 12 Consolidated Plans, eight (8) Analysis of Impediments to Fair Housing Choice, two (2) Assessments of Fair Housing (AFH) and numerous program policy and procedure documents to facilitate the implementation of the housing and community development projects resulting from these plans. He is currently responsible for the management and implementation of CPD programs for four (4) cities in Southern California. Mr. Whited is a Certified HOME Specialist (Regulations) and is a national technical assistance provider through HUD's OneCPD technical assistance initiative. Prior to joining MDG, Mr. Whited was a Contract Compliance Specialist for the Los Angeles County Community Development Commission — the second largest Urban County CDBG program in the nation. His responsibilities included contract development, monitoring the implementation of CDBG funded activities implemented by participating cities and non-profit organizations. His work with the Urban County included the development of labor standards policies and procedures covering the Davis -Bacon Act, Minority and Women's Business Enterprise and Section 3 of the Housing and Community Development Act. Mr. Whited received a Bachelor of Science in Public Policy and Management from the University of Southern California's School of Policy, Planning and Development, with an emphasis on organizational management and public -sector accounting. Chris Andrews, Director— Mr. Andrews currently serves as a director on the Community Development and Disaster Recovery teams. Over the past ten years, Chris Andrews has supported hundreds of states and cities to design and implement housing and community development programs — primarily through HUD CPD Programs (CDBG, HOME, HOPWA and ESG). Chris has also designed national resources to support grantees more effectively use CDBG-DR resources and provided direct assistance to communities to effectively plan for and implement CDBG-DR resources. Prior to joining MDG Associates, Chris was the Practice Area Lead for The Cloudburst Group's Community Development team. In this role, Chris oversaw Cloudburst's portfolio of HUD -funded technical assistance projects. Activities ranged from developing guidebooks and training academies to direct technical assistance building the capacity of HUD grantees. Chris also managed Cloudburst's portfolio of direct contracts with states and local governments to develop and implement strategic plans, improve grantee compliance, and revise existing policies and procedures. Chris led Cloudburst's CDBG-DR and disaster response project teams and activities. His experience ranges from supporting states and regions develop rapid housing strategies immediately following a disaster event to developing and implementing CDBG-DR programs. Most recently, Chris has led HUD's technical assistance team to assist Puerto Rico launch its CDBG-DR program. A trained planner, Chris has assisted more than 50 grantees over the past 10 years to develop strategic plans, Consolidated Plans, and Analyses of Impediments to Fair Housing Choice. Chris is a national expert in the HUD eCon Planning Suite system and has trained more than 1,000 grantees on the Consolidated Plan process, including the intersection of the Consolidated Plan and IDIS. At MDG, Chris supports the team's community planning and administration and disaster recovery assignments with an emphasis in planning and program implementation. Chris also works closely with communities to support the day to day operations of their HUD CPD programs. He received a Bachelor of Arts in Economics with emphasis is Public Policy from Colby College, Waterville, ME and a Master of City Planning from the University of California, Berkley. � : I ; Frank Perez, Senior Associate -Mr. Frank Perez joined MDG Associates, Inc. in 2011 and currently serves as a senior associate on the Housing and Community Development team. With more than nine (9) years of experience in the planning and implementation of federal grants including those offered by the U.S. Department of Housing and Urban Development — Office of Community Planning and Development (CPD), Mr. Perez assists municipalities with all aspects of Community Development Block Grant (CDBG) administration and implementation. Mr. Perez focuses on the day-to-day aspects of CPD program administration and compliance, including Consolidated Plan and Action Plan development and implementation, Integrated Disbursement and Information System (IDIS) functionality and management, labor standards enforcement, subrecipient management, monitoring, and capacity building, compliance with federal reporting requirements including the Consolidated Annual Performance and Evaluation Report (CAPER), and all other aspects of program administration, implementation and compliance. The resumes of the staff members are included in the Resumes of Key Personnel section of this document. SECTION IV. PROJECT TEAM INFORMATION AND ORGANIZATIONAL CHART PROJECTTEAM INFORMATION As mentioned in the prior Munoz, President; Mr. C Director; and Frank Perez, section, the members of the proposed consulting group include Mr. Rudy int Whited, Vice -President of Grants Management; Mr. Chris Andrews, Senior Associate. PROJECTTEAM RESPONSIBILITIES: Rudy Munoz, President Will be the main contact person for the City on all aspects of the contract and the lead consultant. Clint Whited, Vice President Will be the Project Manager for the HOME program monitoring and of Grants Management on -call technical assistance services. In addition, he will be assisting Mr. Andrews with the ESG program monitoring. Chris Andrews, Will be the Project Manager for the CDBG, ESG and WIOA Director programs monitoring and on -call technical assistance for all mentioned programs. In addition, he will assist Mr. Whited with the HOME monitoring and on -call technical assistance services. Frank Perez, Will be assisting Mr. Andrews with the CDBG and WIOA SeniorAssociate programs monitoring services and on -call technical assistance services. Note: Other staff member may assist on as needed basis. SECTION V. REFERENCES HUD Entitlement Cities: City of Irvine Mr Steve Holtz Housing and Real Estate Administrator Services Provided: CDBG/HOME/CDBG-R/HPRP Program Administration and Technical Assistance; Redevelopment Consultation; CDBG, ESG and HOME funded Housing Rehabilitation Program Implementation; Analysis of Impednents to Fair Housing (AI); Consolidated Plan/Action Plan/CAPER preparation; Davis -Bacon and Section 3 Compliance. Date of Contract: 2001 to Present Phone Number: (949) 724-7452; email address: sholtz a ci.irvine ca us City of Fontana —Vale roe on ales,HousonoSDecoalist Services Provided: CDBG/HOME/CDBG-R/NSP Program TA; Analysis of Impediments to Fair Housing (AI); Consolidated Plan/Action Plan/CAPER preparation; Davis-Bacon/Section 3 Compliance; Policies and Procedures for FTHB and Hosing Rehabilitation Programs Date of Contract: 2009 to Present Contact Person: Phone Number: (909) 350-6625; email address: v¢onzalew fontana.ore _City of Paramount—Karina Lam Liu Finance Director Services Provided: CDBG/CDBG-R/NSP/HOME Program Administration; Redevelopment Consultation; CDBG and HOME funded Housing Rehabilitation and Commercial Rehabilitation Program Implementation; Homebuyer Assistance Program; Analysis of hmpediments to Fair Housing (AI); Consolidated Plan/Action Plan/CAPER preparation; 5 Year hnplementation Plan (Redevelopment); Davis - Bacon Compliance; and affordable housing monitoring. Dates of Contract: 2003 to Present Phone Number: (562) 220-2210; email address: Main a ParamountCirv.com City ofUoland—Liz Chavez Manaa rofD v loom ntServices Services Provided: CDBG Program Technical Assistance; CalHome and RDA funded Housing Rehabilitation Program Implementation (4 separate programs); RDA funded Commercial Rehabilitation Program Implementation; CalHome and RDA funded Homebuyer Assistance Program; Project/Construction Management; Davis -Bacon and Section 3 Compliance; Analysis of Impediments; Planning Services; Analysis of Impediments to Fair Housing (AI); Consolidated Plan/Action Plan/CAPER preparation; affordable housing monitoring. Date of Contract: 2004 to Present Phone Number: (909) 931-4146; email address: Ichacez a ci upland cw us SECTIONVI. SCOPE OF WORKAND BUDGET SPECIFIC REQUESTED SCOPE OF WORK In the performance of the City's Community Development Block Grant, Emergency Solutions Grant, and Workforce Innovation Opportunity Act programs monitoring and technical support services as noted in the City's Request for Proposals, MDG will provide staffing and other resources required to perform the scope of work. Coordinate and finalize the monitoring visit directly with each sub -recipient by June 1, 2021, June 1, 2022 and June 1, 2023. The monitoring will include second quarter billings for fiscal year ending 22/23. • Monitoring Letter Send a monitoring letter to each subrecipient requesting an appointment and indicating required documentation to be reviewed at the onsite monitoring. • Hold an Entrance Conference Hold an entrance conference onslte with the subrecipient's appropriate financial and/or program staff immediately before the monitoring to ensure that all subrecipient staff have a clear understanding of the purpose, scope and schedule of the monitoring. • Review Financial and/or Program Documents Utilize applicable HUD Forms from CPD MonitoringHandbookforSubrecipientOversightfor CDBG, ESG, HOPWA and Workforcelnnovation Opportunity or any otherforms that Consultantdeems acceptablefor monitoringstandards. Proposedforms are to be submitted for review to the Cityfor preapproval by the Cityfor use. • Hold an Exit Conference Meet with key representatives of the subrecipient organization to: 1) present preliminary results of the monitoring visit; 2) provide an opportunity for the subrecipient to correct any misconceptions or misunderstandings; 3) secure additional information from subrecipient staff to clarify or support their position; and 4) provide an opportunityfor subrecipient staff to report on steps they are already taking to correct the matter. • Draft Monitoring Letter for City's Review Draft a monitoring letter to subrecipientfor the City's review after the monitoring visit. Letter should include observations, concerns, findings, recommended actions and/or corrective actions. • Follow -Up Follow-up on outstanding corrective actions and draft final monitoring close-out letter for the City's review. lu 1= BUDGET PROPOSAL MDG proposes to provide monitoring and technical support services for the City of Santa Ana's CDBG, ESG, and Workforce Innovation and Opportunity Act Programs on a time and material basis based on the Rate Schedule provided under Section VII. MDG proposes a not to exceed amount of $30,000 for Administration Technical Support Services and $38,372 for Monitoring Services totaling $68,372.00 per year for a period of three years. The following represents the Monitoring scope of work and estimated hours to complete: • Financial monitoring of up to six (6) Community Development Block Grant subrecipients providing fair housing and/or public services. Estimated hours for completion: 108 Hours (18 Hrs. per Subrecipient) 18 bra. x $108 = $1,944 per Subrecipient; $1,944 x 6 Subrecipients = Total $11,664* Program monitoring for up to six (6) Community Development Block Grant subrecipients providing fair housing and/or public services. Estimated hours for completion: 48 Hours (8 Hrs. per Subrecipient) 8 hrs. x $97.50 = $780 per Subrecipient; $780 x 6 Subrecipients = Total $4,680* (*hours budgeted are based on conducting the financial and programmatic monitoring concurrently and ofthe same agencies) Financial monitoring of up to three (3) Emergency Solutions Grant subrecipients. Two subrecipients provide one activity and one Subrecipient provides three activities (total five activities). Estimated hours for completion: 36 Hours (18 Hrs. per Subrecipient [2] with one activity) Estimated hours for completion: 36 Hours (36 Hrs. per Subrecipient [1] with three activities) 18 hrs. x $108 = $2,1,944 per subrecipient with one activity; $1,944 x 2 Subrecipients) = Total $3,888 36 hrs. x $108 = $3,888 per subrecipient with three activities; $3,888 x 1 Subrecipient with three activities = Total $3,888 Combined Total = $7,776* • Financial monitoring of up to three (3) Workforce Innovation and Opportunity Act sub- recipients providing youth services. Estimated hours for completion: 54 Hours (18 Hrs. per Subrecipient) 18 hrs. x $108 = $1,944 per subrecipient; $1,944 x 3 Subrecipients= Total $5,832* Project monitoring of two (2) Community Development Block Grant capital improvement project and technical support to enhance project documents and reporting documents for. compliance with all applicable regulations. Estimated hours for completion: 40 Hours (20 Hrs. per project) 20 firs. x $97.50 = $1,950 per project; $1,950 x 2 projects = Total $3,900* • Financial monitoring of two (2) HOME projects. Estimated hours for completion: 20 Hours (20 Hrs. per project) 20 hrs. x $113 = $2,260 per project; $2,260 x 2 project = Total $4,520* The following represents the Technical Support Services scope of work: • Administrative technical support services will be provided on as needed basis or as requested by City staff. NOTE: *Depending on the condition of the Subrecipient Agency files, it is possible thatthe monitoring of these programs can take substantially less time than the amount indicated. SECTION VII, SCHEDULE OF HOURLY BILLING RATES MDG proposes to bill for the monitoring and technical support services based on the scope of work and additional information as identified in our proposal on a time and material basis based on the following Schedule of Hourly Billing Rates per hour. MDG is proposing to have three (3) staff members provide the services. Rates will remain the same for the entire term of the agreement. Any other services that are not a part of the scope of work would be billed at our normal rates listed below: SCHEDULEOFHOURLY BI IN RATES Rates effective as of July 1, 2020 STAFF PERSON HOURLY RATE President/Senior Vice President $118.00/Hr. Vice President $113.00/Hr. Director $108.00/Hr. Manager $102.50/Hr. Senior Associate $ 97.50/Hr. Associate $ 87.5041r. Senior Project Assistant $ 72.00/Hr. Project Assistant $ 67.00/Hr. Secretary $ 46.50/Hr. Note: If MDG staff is requested by the City to attend a meeting not considered a part of this Proposal or on a day in which a consultant is not scheduled to be on site, the City shall be billed for the time it takes to drive to and from the City and its corporate office. Project Supplies — at Cost Plus 10% Surcharge (I£ applicable) Prints/Reproductions - at Cost plus 10% surcharge (If applicable) Postage — at Cost plus 10% surcharge (If applicable) M D G AS SC IC14 Fl,5-Iv Rudy E. Munoz President PROFESSIONAL EXPERIENCE: MDG Associates, Inc. — Rancho Cucamonga, CA President: 1991-Present Founder of MDG Associates, Inc., a community development consulting firm that provides services to municipal agencies. Focus on assisting municipal agencies with all aspects of the administration and implementation of HUD funded CPD Programs. These include, but are not limited to the Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME), Neighborhood Stabilization Program (NSP) and Community Developmet Block Grant — Disaster Recovery (CDBG-DR) programs. Works hand -in -hand with municipalities on the development of implementation strategies and tools that facilitate the management of their CPD programs; provides training for the HUD CPD Programs; if requested provides day-to-day implementation functions of the programs. This includes the development of Consolidated Plans and Action Plans for various programs through programmatic and financial closeout of projects and grants. Assists grantees in developing HUD mandated Policies and Procedures for the management and oversight of various CPD Programs as well as implementation of individual activities such as Housing Rehabilitation, Commercial Rehabilitation, and Homebuyer Programs. Works as a subcontractor to several national Technical Assistance (TA) providers through HUD's Community Compass initiatives. Through the initiative, provides TA and staff capacity buildding to municipalities throughout the U.S. in the CDBG, HOME, NSP (1, 2, and 3) and CDBG-DR. Provides in class training and TA in two of HUDs reporting systems; the Integrated Disbursement and Information Systems (IDIS), and the Disaster Recovery Grant Reporting System (DRGR). Assists HUD Headquarters as a beta tester for the updates to the Disaster Recovery Grant Reporting system. Provides training and TA in federal cross -cutting elements inleuding Financial Management Systems (Uniform Administrative Systems), Davis -Bacon and Related Acts (DBRA), and Assessment of Fair Housing (AFH). Has provided many of the aforementioned training in Spanish for the Commonwealth of Puerto Rico and its municipalities. City of Huntington Park —Assistant Director of Comm. Development/Redevelopment Assisted the Director of Community Development in the administration of the department. Directly responsible for the day-to-day administration and management of municipal staff on the CDBG and HOME programs, current and advanced planning functions and code enforcement activities. Acted as Secretary to the City's Planning Commission. City of Montclair —Associate Planner Assisted in the day-to-day planning functions including, but not limited to, California Environmental Quality Act (CEQA) review, Design Review, Subdivisions, Annexations, and Development proposals. Responsible for reviewing and processing Zone Changes, Variances, Conditional Use Permits, and other entitlements. m NUX; 0 Rudy E. Munoz Pa 2 Booth -Good Architects — Project Assistant Under the direction of the Project Architect, assisted in the design development, and preparation of design development and construction drawings for a variety of building types including single-family residential, multi -family residential and commercial developments. EDUCATION: Bachelor of Architecture (5-Year Degree) California State Polytechnic University, Pomona AFFILIATIONSI REGISTRATIONS: ICBO - International Conference of Building Officials NAHRO- National Association of Housing and Redevelopment Officials AIA - Prior Associate member of the American Institute of Architects Licensed California General Contractor — California License No.681042 ICBO — Earthquake Retrofit of Wood Frame Homes Certification Certified HOME Program Regulations, HUD (Technical Assistance Provider) Clint D. Whited Vice President PROFESSIONAL EXPERIENCE: MDG Associates, Inc. —Vice-president of Grants Management Responsible for the preparation of Five -Year Consolidated Plans, Assessment of Fair Housing (AFH), Analysis of Impediments to Fair Housing Choice (AI), Annual Action Plans and Consolidated Annual Performance and Evaluation Reports in connection with U.S. Department of Housing and Urban Development (HUD) programs including but not limited to the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Neighborhood Stabilization Program (NSP) and Emergency Solutions Grant(ESG). Serves as the lead consultant with assigned clients and is responsible to coordinate the work of assigned consultants to ensure work flow efficiency and quality. Provides technical assistance to clients including cities, counties, and housing developers to enhance client capacity to administer federal and state grant programs. Areas of specialization include compliance monitoring (prevailing wage/labor standards, affordable housing, grant programs, subrecipients), audit preparation, CDBG and HOME technical assistance, policy and procedure development and the implementation of housing programs including all phases of acquisition, rehabilitation and/or development, resale or rental. As a HOME Program Certified Specialist, provides technical assistance to HUD grantees through the HUD OneCPD Technical Assistance program on all phases of program planning, grants management, program design, implementation, monitoring and reporting. Provides technical assistance to grantees as a reviewer for HUDs CDBG and HOME program Ask a Question (AAQ) teams. L.A. County Community Development Commission, Monterey Park, CA Contract Compliance Officer / Program Management: 2001-2006 Developed and implemented comprehensive online construction contract compliance guidelines for Davis -Bacon and Section 3. Provided training and technical assistance to subrecipient agencies on contract and labor compliance. Monitored and provided contract compliance oversight to 63 contracts worth approximately $49.3 million. Developed and reviewed interagency agreements, RFPs and bid documents. Prepared comprehensive procurement guidelines for external agencies. Participated in Commission -wide strategic planning process for internal policy and procedure development. EDUCATION: Bachelor of Science — Public Policy and Management University of Southern California, Los Angeles AFFILIATIONS/ REGISTRATIONS: Certified HOME Program Regulations, HUD (Technical Assistance Provider) Chris Andrews Director PROFESSIONAL EXPERIENCE: M DG Associates, Inc. —Director, 2020—Current Since joining MDG, Chris has supported the team's grants management and disaster recovery assignments with an emphasis in planning and program implementation. Chris is a team leader on CPD Programs as well as Disaster Recovery assignments for MDG. He works as a subcontractor to several national Technical Assistance (TA) providers through HUD's Community Compass initiatives. Chris serves as a lead consultant for HUD funded CPD programs with assigned clients and is responsible for coordinating the work of assigned MDG staff to ensure work -flow efficiency and quality. Provides technical assistance to clients to enhance client capacity to administer CPD programs as well as disaster recovery grant programs. Areas of specialization include compliance monitoring, audit preparation, policy and procedure development. Chris Andrews serves as the Director of MDG's Disaster Recovery division. During his tenure at MDG, he has been responsible for the management of Disaster Recovery assignments for MDG where his experience and proven track record of working with grantees, HUD CPD staff at the national and local level, as a HUD subcontractor is utilized in providing clients with effective solutions that produce desirable outcomes. Works as a subcontractor to several national Technical Assistance (TA) providers through HUD's Community Compass initiatives. Through the initiative, provides technical assistance to HUD grantees on implementation, monitoring and reporting. Columbia University — Earth Institute; Disaster Housing SME, 2019 Chris was the lead author of two curricula series funded by FEMA to train disaster housing professionals and stakeholders to leverage disaster housing and supportive housing services. The First curricula focused on program elements and best practices related to rapid rehabilitation programs such as the Sheltering and Temporary Essential Power (STEP) and the Multi -Family Lease and Repair (MLR) programs. The second curricula provided guidance on the application of the Disaster Case Management program. Each curriculum used a range of adult learning principles to maximize participant engagement and retention. The Cloudburst Group, Practice Area Lead, 2017 - 2019 As the Practice Area Lead, Chris oversaw Cloudburst's portfolio of housing and community development TA assignments and contracts. Chris worked closely with staff, clients and partners to ensure that Cloudburst projects were completed within schedule and scope. Programmatically, Chris worked with states and cities across the country to design, implement and evaluate housing investment strategies. He developed resources, delivered trainings and provided direct support to grantees on CDBG program elements and cross -cutting rules and regulations including the Consolidated Plan, fair housing, URA, environmental reviews and reporting and recordkeeping. Chris also oversaw Cloudburst's disaster technical assistance portfolio. He provided direct support to communities to develop housing strategies and programs to support vulnerable populations and worked with communities across the country to design and implement mitigation elements into existing HUD CPD programs. Chris led HUD's technical assistance team in Puerto Rico for CDBG-DR, supporting the launch and early implementation of the Commonwealth's programs. 0 \IDG \SSOCI TES, INC. 0 N IDG %SS(K I k I . 1. , ,JN(. Chris Andrews Director The Cloudburst Group, Senior Planner, 2014-2017 Chris launched Cloudburst's state and local portfolio to provide planning and compliance assistance to states and cities across the country. Chris managed more than 10 teams to incorporate data -driven, market -based research into housing and community development planning. Chris worked closely with cities across country to conduct detailed needs assessments of existing HUD CPD programs and provide recommendations and support on how to alter existing programs to more effectively meet the community's needs. Chris collaborated with HUD on ways to better integrate disaster resiliency and fair housing into the Consolidated Plan process. Independent Consultant, 2012.2014 As an independent consultant, Chris worked closely with federal, local and nonprofit clients. Chris developed HUD's guidebook for the HUD Environmental Review Online System (HERDS) and supporting documentation. Chris worked closely with six communities to develop strategic housing investment strategies and supported the San Francisco Foundation to develop a financial implementation toolkit for transit -oriented development advocates to assess the development feasibility of project sites throughout the region. The Cloudburst Group, Analyst, 2009 - 2012 Chris provided project support to CDBG, HOME and NSP TA assignments. Chris assisted in developing policy and procedure manuals for more than 10 grantees and worked closely with grantee staff to adapt tools and resources to the grantee's programs. Chris served as lead data analyst in the development of Puerto Rico and St. Louis's housing strategies. US Peace Corps (Senegal), Small Business Advisor, 2007-2009 Chris worked as a teacher and business counselor at a girl's vocational school. He supported two groups of recent graduates through providing access to a revolving loan fund and consultation as they launched and operated small businesses. Chris also served as the Regional Volunteer Lead, in which he was responsible for overseeing volunteer grant proposals and updating and implementing the Peace Corps Kaolack Regional Strategy. EDUCATION: Master of City Planning, 2014 UC Berkeley, Berkeley, CA Certificate in Real Estate Development, 2014 UC Berkeley, Berkeley, CA BachelorofArts— Economics: Public Policy, 2007 Colby College, Waterville, ME COMPUTER SKILLS MS Office applications (Word, Outlook, Excel, PowerPoint), Adobe Creative Suite, ArcGIS, HUD Integrated Disbursement and Information System (IDIS) Frank Perez Seniol-Associate PROFESSIONAL EXPERIENCE: MDG Associates, Inc. —Rancho Cucamonga, CA Senior Associate: 2011 - Present Provides Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) consulting services to U.S. Department of Housing and Urban Development (HUD) grantees. Assists clients in the design and implementation of NOFA processes, development of Annual Action Plans, preparation of environmental reviews, preparation of written agreements, review of performance reports, approval of payment requests, Integrated Disbursement and Information System (IDIS) data entry and management, and preparation of the Consolidated Annual Performance and Evaluation Report. Areas of specialization include subrecipient management, program monitoring and nonprofit capacity building. Responsible for Davis -Bacon and Related Acts (DBRA) prevailing wage compliance and monitoring, including bid document preparation, HUD-11 Employee Field Interviews, review of certified payroll reports, identification and resolution of labor standards violations, MBE/WBE and Section 3 compliance. Assists in the monitoring of CDBG and HOME funded projects for compliance with HUD regulations. Conducts subrecipient programmatic and financial monitoring of CDBG funded projects to determine compliance with HUD regulations. Also responsible for reviewing applications for participation in rehabilitation programs to verify compliance with CDBG and HOME program requirements. Accurate Background, Customer Service Manager Managed customer service call center for pre -employment background check organization. Ensured all aspects of a client's background check met federal reporting guidelines, contained accurate information, and ensured all technical questions were address regarding a client's background check. Ensured all productivity accomplishments were recorded monthly, quarterly, and yearly. Specialized in the implementation of I-9 (E-Verify) program platform for the organizations customer service center, ensuring that all clients had a digital platform to enter and view requests, ask questions through a chat session, and provide technical assistance about their accounts. Account manager for customer service requests for the organizations largest client, Starbucks. Target Corporation, Executive Team Leader Plan, organize, and supervise sales -floor, logistics, and guest services teams in various store locations throughout Orange County. Implemented best practices, monitored team productivity, report generation and statistical review, performance management to ensure efficiency and productivity levels were meeting company standards. RelevantStudent Course Work Econometrics, Labor Economics and Business Finance, Business Accounting, Financial Investment, Business Decisions, Economic Development, and Money and Banking. Computer Stalls: Microsoft Office (Word, Excel, Outlook, and Power Point, Adobe) Bilingual: English/Spanish EDUCATION: Bachelor in Business Economics & Administrative Studies University of California, Riverside CERTIFICATE OF LIABILITY INSURANCE oATEIMMIDDnYYYI THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE C08/07/2019 ERTIFICATE 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 CONTRACT BETWEEN THE ISSUING INSURERJS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollaypes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. 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AND EMPLOYERS' LIABILITY YIN _R O _-- STATUTE ER: ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER)MEMBEREXCLUDED? I I NIA [. EEACHACCIDENT - $ IManderory In NHlIf yet, yen, desedbe under E,L.DISEAS -EA EMPLOYEE. DESCRIPTION OF OPERATIONS rest EL pISEASE-POLICY LIMIT DESCRIPTION OFOPERATIONSI LOCATIONS I VEHICLE?IACOR01a1r Adtlieonol RomarW schedule, moy be attachee if more apace lsmqulredl �� '� The City of Santa Ana, Its officers, employees, agents and volunteers and named additional insured, but only as respects the insured's operations as it relates to their signed contract In regards to the CDBG Administration Consluting Services per form CG8810 0413; Primary Insurance Transfer or recovery against others is included in the form, and of rights '30days Notice of Cancellallon except 10 days for non-payment, REVIEWED & APPROVED By Risk MANAGEMENT DIVISION GERTIFICA' c, HOLDER CANCELLATION D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE VILLA City Of Santa Ana, Risk parinniern ( - EXPIRATION DATE THEREOF, t�'R��LB; A�COROANCE NOTICE WILL BE DELIVERED IN Management D WITH THE POLICY PROVISIONS. 20 CIVIC Center Plai 4TH FI AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 -All rig r,,,mod. ©i986-2015 ACORD CORPORATION. rights reserved. ACORO 25 (2016l03) The ACORD name and logo are registered marks of ACORD MOO ASSOCIATES, INC. POLICY NUMBER BKW57179298 POLICY EFFECTIVE 07/0112019 TO 07/0112020 COMMERCIAL GENERAL LIABILITY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 6 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTEN81ON — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 6 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — g WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU REVIEWED & APPROVED By Risk MANACgEMENT Divisi0N AINE 2 194AVIl.LARE L 02013 Llberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its Permission, Page 1 Of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modiflod by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A • Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It Is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It Is not being used to carry persons or property for a charge. However, the Insurance afforded by this provision does not apply If there is available to the insured other valid and collectible insurance, whether primary, excess (other than Insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered underthis provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (h) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section 1— Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply it such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not Include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (it) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. REVIEWED & APPROVED t t (W$ 6 tA%rfi r;dT.D[ti5i0N CG 88 10 04 13 Includes copyrighted material or Insurance Serv ices office, Inc., with Its permission. Page 2 of 8 E ANC;INE R b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You us described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: S. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A fordamages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you ortemporarlly occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.8. of Definitions is replaced with the following: 9,a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1, Under Supplementary Payments —Coverages A and B, Paragraph 1.15. is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at Our request to assist us in the investigation or defense of the claim or "suit", Including actual loss of earnings up to $600 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused in whole or in pad by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or tRp2EVIErW,ED & APPROVED 02013 tW�dVbhuWMgstg0ENT DivisiON CG 88 10 04 13 Includes copyrighted material of iAERANCI' fri e- Ip with its permission, Page 3 of 8 R. VILLAREAL 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury' or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED— OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of Insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: a. The following Is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed In o written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 02013 t:.lbenytt�i +i�'p CG 88 10 04 13 Includes copyrighted material of Ins4ir2 Ii - tr r n. Page 6 Of 8 I5 Atlilli{EMENT IV 514N 4RA)NE a. �VILLAREAL b. The following is added to Paragraph b. Excess Insurance: When a written contract orwritten agreement, otherthan a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this Insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following Is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: fit. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; te. Tender the defense and Indemnity of any claim or "suit" to all Insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover underthis Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership orjoint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health rare services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or If coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. REVIEWED & APPROVED 02013 uheuyWtRiSIkgMa 6QEMENt DIVISION CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 6 of 8 U4 )O 7 Ea C r , VII IREA Paragraphs (a) and (b) above do not apply to "bodily Injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are Insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause "bodily injury" or "personal and advertising injury', or caused in whole or in part by their intoxication by liquor or controlled substances, The coverage provided by provision J. Is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Suction 11- Who Is An Insured Is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, 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 expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily Injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not applyto "personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations orqualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" Is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2, Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision Is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease, 02013 UbenfWV 1d U1& APPROVED CG 88 10 04 13 Includes copyrighted material of Inauranno�Page 7 of 8 QAC4041 ULAREAL EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property, Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US —WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The Injury or damage occurs subsequent to the execution of the written contract or written agreement. 02013 1-1bREVIOWEDI&APPROVE0 CG 88 10 04 13 Includes copyrighted material of lnaut}erl�j{tission. Page 8 of 8 MDG ASSOCIATES, INC. POLICY NUMBER BAS57179298 COMMERCIAL AUTO POLICY EFFECTIVE 07YO112019 TO 0710112020 CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION, NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE — BROADENED COVERAGE 10 GLASS REPAIR —WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE —ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION 11— LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, 'insured" does not include any organization that: (1) Is a partnership orjoint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance orEv'elf-In6ree&d r�elpftVrovailable to that organization; 0 2013 LJb18�l JYkI NIIXRAqtMCNT DIVISION CA 8810 0113 Includes copyrighted malarial of Insurance Sendcou Office, Inc, with Ite pennisslon. Page 1 of 7 G72Li RANCINE R. VILFREAL (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "properly damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED Is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit Issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "Insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily Injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of ball bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION It — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III — PHYSICAL DAMAGE COVERAGE Is amended as follows: 6, HIRED AUTO PHYSICAL DAMAGE Paragraph A.4, Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and If Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or REVIEWED & APPROVED 02e13 Liberty l3 tk g9k1Mw(icMENr DivisioN CA 63 10 0113 Iheludss sapyrlghled reatertal of Insu nnol owices Unlog, lno, with ills perfntsslan, Page 2 of 7 G C O FRANCINE R. VIILAREAL b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described In this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". Forthe purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following: "Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. 7, TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVR of 10,000 pounds or less. C. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds, However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 REVIEWED & APPROVED By Risk MANArCMENT Division © 2013 Liberty Mutual Io •jja4i� r7 Is to 88 10 01 13 Includes copyrighted material of Insurance erVe, fj o 171, ryts permission.. Page 3 of 7 I"RAN , VIL REAL. 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000, 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision Is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: REVIEWED & APPROVED © 2013 Liberty MutWItigknMANAgrmcNT DIVISION CA 88 10 0113 Includes copyrighted material of insurance services Office, Inc„ with Its permission. Page 4 of 7 FRJ V IAR Exclusion 4.c. and 4.d, do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C„ LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties Imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepalred damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, In. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", L Any amount representing taxes, J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss", An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V — DEFINTIONS Is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. mcotsuhe yMttREVIE ED&APPROVED Includes copyrighted I'+RRk0MANAQCMENI DIVISION CA 88 10 01 13 pyrl hted material of Insurance Set Ices Office, Inc., with Its permission. Page 5 of 7 VANCINE'RN'111- REAL 15, GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired ratherthan replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs, or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and C. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto' is In the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible Is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident', claim, "suit" or'loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, If you are a corporation. REVIEWED & APPROVED @2013 Liberty Mutual Insur J?isk MANAC{EMENT OiVisiON CA 88 10 0113 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 6 of 7 0 07 09 FRAM 1 E R. VIIL AREAL. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "Insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f, For "autos" hired 30 days or less, the coverage territory is anywhere In the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person, Including mental anguish, mental Injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. E RI;EIWED & APPROVE®D IVISN © 2013 Liberty Mutus I suranGe CA 88 10 01 13 Includes copyrighted material of Insurance Services pffI A to ., 01 It Iisstan. Page 7 of 7 FRANCINE R. ViI.LAREAL MDGASSO.01 �AROAS '`® �G' CERTIFICATE OF LIABILITY INSURANCE DA $1712n 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER7IFICATEHOLDER. YY THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: U 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 center rights to the certificate holder In Iieu of such endorsements . PRODUCER .8RA?CT Llzette Barges Amorelll. Rosemann, & Associates .h IQAQ% oa7_7ann.. .. INSURED 91764 Mdg Associates, Inc. 10722 Arrow Route Ste 822 Rancho Cucamonga, CA 91730 I. CLAIM$MADE 1_ I OCCUR CACGRE0 AT7ELIIpM�IIT APIP�LIES PER', OTHER' ]MOBILE LIABILITY AANNYY.�AUTO AUgqTEEOOSpDONLY AM""D ALIOSONLY ..., AUTOS ONLY UMBRELLALIAS OCCUR EXCES9 LIAB CWMS-MADE DEC I RETENTION$ YIN FY,� OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �L 9116RI�-"..„.OL�� _..._ POLICY EFF PPLICV EXP POLICY NUMBER rrum, n,ww, ,mrs,nnrvvw, LIMITS 7/112019 1711/2020 IaVANA COMMUNTYDEELOPMENT AaENCycheu Ir more apace Is requlretll REVIEWED & APPROVED By Risk MANAGEMENT DIVISiON CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4th Floor SANA ANA, CA 92702 GANCELLA�J-Q�'� SHOULD ANY OF THE AAR4B; THE EXPIRATION DATE THEI ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENTATIVE WILL BE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION, The ACORD name and logo are registered marks of ACORD BEFORE !RED IN ENDORSEMENT AGREEMENT A WAIVER p WAIVER OF SUBROGATION BLANKZT OASIS SAN FRANCIISCO 'EFFECTIVE JULY 1, 2019 AT 12.01 A,M, ALL EFFECTIVE DATES ARE AND EXPIRING JULY 1, 2620 AT 12.01 A.M. AT 1201 AM PACIFIC STANDARD TIME OR THE TIME INDICATHO AT PACIFIC STANDARD TIME MDC,ASSOCIATES, INC. 10722 ARROW RTE STE 822 RANCHO CUCAMONGA, CA 91730 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LTAHLE FOR AN INCURY COVERED BY THIS POLICY, WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE nXTIIINT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS AtMORSEMENT SHALL BE 2.008 OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED MY WRITTEN CONTRACT TO FURNISTT THIS WAIVER ,toll DESCRIPTION HLAN[<IdT WAIVER OF SUBROGATION 1080750-19 RENEWAL SP 0-27-54-05 PAGE 1 OF REVIEWED & APPROVED By Risk MANAQEMENT DivisiON FRANCINE R. VILIAIREAL NOTHING IN THIS ENOOSS£MENT SHALL RE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHINO ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIONED AND ISSUED AT SAN FRANCISCO: JULY 1, 203,9 Ai1T H0Ft1Xl'D I'tEP[I£3I?NT. IVf- PRESIDENT AND CEO ROIF FORM 10211 (MV.4.20101 1 2572 OLD bF'217 CERTIFICATE OF LIABILITY INSURANCE DATE08/07/2019(MM1Y) 019 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 Q�?Bla.LTLlT1YE OR_ER.49_�E.S.AdI? 1[ii�G.�RTIFIC�I�NBLOER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in than of a"ch s, an PRODUCER.us r iser Karen Bronson CorRisk Solutions - e, 180 N Stetson Ave Suite 4500 ex,.w.en. 312-637-8755 ua4"a.dwen Chicago, IL 60601 kbronson@corrisksolutions.rom INSURURDh AFFORDING COVERAGE NAICp INSURERA: New Hampshire Insurance Company 23841 INSURED INSURER B: MUG ASsociatea, Inc. INSURER C: 10722 Arrow Route Suite 822 INSURER D: Rancho Cucamonga, CA 91730 INSURER E:�A- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 AUVL SUBK POLICYEPF -POLICY EXP ...I TYPE OF INSURANCE POLICY NUMBER LIMITS LTR IN$RD WdD MMIODIYYYYI IMMIDOIYYYY) _ GENERAL LIABILITY EACH OCCURANCE T MERCIAL GENERAL LIABILITY DAMAGETO RY:NfFtT............ - PREMISES fEa occurenca. CLAIMS MADE OCCUR MED EXP (Any one person) DOES NOT APPLY PERSONAL &AND INJURY GENERAL AGGREGATE_ GENII. AGGREGATE LIMIT APPLIES PER: PRODUCTS -COM PLOP AGO __ �IPOLICY _ DPROJECT LOC AUTOMOBILE LIABILITY coMDlrveD $114GISILMit Lea e•.WRnll ANY AUTO WDILY INJURY (Per parson) ALL OWNED SCHEDULED DOES NOT APPLY 6.DILY INJURY(Pnlaoddeng AUTOS AUTOS - HIREDAUTOS NON -OWNED P DPeHIYUAMAne(Ner A)ITnc c a 11 UMBRELLA LIAR OCCUR EACH OCCURPNCE EXCESS LIAO CLAIMS MADE DOES NOT APPLY AGGREGATE OED ....� RETENTION & ...._.�r.._....__-mv....� .................... .„.. .... WORKERS COMPENSATION - I- OTHER AND EMPLOYERS' LIABILITY ?QRY LIMIT$T�: ANY PROPRIETORIPARTNERfEXECUTIVE OFFICUMEMOER EXCLUDED? EL EACH ACCIDENT (Mandatory In NH) IYI�N NIA DOES NOT APPLY If yes, doeulbe under DESCRIPTION OF Q -- .EMPLOYEE. OPERATIONS below E.L DISEASE - POLICY LIMIT 069991E391- er ° " , 000, 000 - A Professional Liability 09 07I01/19 07/01/20 Annual Aggregate: $22 r,000x 000. DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, If more space is required) REVIEWED & APPROVED By Risk MANAGEMENTgqtttDIVISION CERTIFICATE HOLDER - CANCELLATION 1Y O1J a- - ttl--- �----__ City OE Santa And SHOULD ANY OF THE ABOVE DESCRIGL - ON DATE Y THEREOF, NOTICE WILL BE DELIVER II E IT, - P (Sloss. Risk Management Division _ _ 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE 9th Floor Santa Ana, CA 92702 ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. Alleghts reserved. The ACORD name and logo are registered marks of ACORD