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HomeMy WebLinkAboutSILVER & WRIGHT, LLP (3)INSURANCE ON FILE N-2022-043 WORK MAY PROCEED UNTIL INSURANCE EXPIRES ra 0 CLERK OF COUNCIL DATE: CITY OF SANTA ANA AGREEMENT WITH SILVER & WRIGHT LLP TO PROVIDE ADMINISTRATIVE HEARING SERVICES FEB 17 2022, THIS AGREEMENT is made and entered into on this 18th day of February 2022 by and between Silver & Wright LLP, a California limited liability partnership ("S&W"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (`City"). RECITALS A. The City desires to retain an administrative hearing officer having special skill and knowledge to serve as a neutral administrative hearing officer and provide on -call professional administrative hearing services for the City. B. S&W represents that S&W is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, S&W represents that it is knowledgeable in its field and that any services performed by S&W under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 S&W shall provide on -call neutral administrative hearing services as requested by the Executive Director of the Planning and Building Agency. S& W shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the on -call neutral administrative hearing services as described in further detail in Exhibit A, attached hereto. 2. COMPENSATION a. City agrees to pay, and S&W agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Forty -Nine Thousand Dollars and Zero Cents ($49,000). b. Payment by City shall be made within 45 (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on February 17, Page 1 of 9 2024, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended for one (1), one (1) year period upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR S&W 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 S&W performs the services which are the subject matter of this Agreement; however, the services to be provided by S&W shall be provided in a manner consistent with all applicable standards and regulations governing such services. S&W shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by S&W under this Agreement ("Documents & Data"). S&W shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. S&W represents and warrants that S&W has the legal right to license any and all Documents & Data. S&W makes no such representation and warranty in regard to Documents & Data which were provided to S&W by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, S&W shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an `occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Page 2 of 9 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if S&W has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors & Omissions): S&W is required to carry insurance appropriate to S&W's profession, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if S&W maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by S&W. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of S&W including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to S&W's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, S&W's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of S&W's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: S&W hereby grants to City a waiver of any right to subrogation that any insurer of said S&W may acquire against the City by virtue of the payment of any loss under such insurance. S&W agrees to obtain any endorsement that may be necessary to affect this waiver of Page 3 of 9 subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require S&W to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Verification of Coverage: S&W shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive S&W's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: S&W shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and S&W shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION S&W shall indemnify, release, defend and hold harmless City, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, to the extent arising from the willful misconduct or gross negligence of S&W. This indemnification shall not extend to any claim related to S&W's duties as a hearing officer in the interpretation or application of City's Codes or processes. City shall indemnify, release, defend and hold harmless S&W, its attorneys, officers, agents and employees against any claim, demand, suit, judgment, loss or liability or expense of any kind, including attorney's fees and costs, to the Page 4 of 9 extent arising from any challenge to the City's ordinances, procedures, laws, hearing determinations, or processes. 8. RECORDS S&W shall keep records and invoices in connection with the work to be performed under this Agreement. S&W shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to S&W under this Agreement. All such records and invoices shall be clearly identifiable. S&W shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. S&W shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to S&W under this Agreement. 9. CONFIDENTIALITY If S&W receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, S&W agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of S&W disclosed in a publicly available source; (c) is in rightful possession of S&W without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by S&W without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE S&W 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. IL NON-DISCRIMINATION S&W shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. S&W affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 5 of 9 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and S&W, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of S&W. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate S&W or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of S&W, S&W may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, S&W shall be entitled to receive and the City shall pay S&W compensation for all services performed by S&W prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require S&W to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and S&W consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, Page 6 of 9 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. 17. PROFESSIONAL LICENSES S&W shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. S&W shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning & Building Agency City of Santa Ana 20 Civic Center Plaza (M-19) Page 7 of 9 N-2022-043 P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To S&W: Silver & Wright LLP Attn: Curtis R. Wright, Esq. 3 Corporate Park, Ste. 100 Irvine, CA 92606 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CITY OF SANTA ANA Kristine Ridge City Manager City Attorney By: Br n Salvatierra rtis R. ri sq. Deputy City Attorney Partner [signatures continued on next page] Page 8 of 9 RECOMMENDED FOR APPROVAL: Minh Thai Executive Director Planning & Building Agency Page 9 of 9 EXHIBIT A amSILVER & WRIGHT LLP .'Att01-llf vs m Law IRVINE I INLAND EMPIRE I BAY AREA I SACRAMENTO Rene Farjeat RFarjeat@Si1verWrightLaw.com 3 Corporate Park, Suite 100 Irvine, Califomia 92606 January 27, 2022 DELIVERED VIA EMAIL CITY OF SANTA ANA Subject: Proposed Agreement To Provide Hearing Officer Services Proposed Scope of Services, Fees, And Term Dear City of Santa Ana ("City"), Pursuant to the City's request, below please find the following information regarding some of the proposed terms for the proposed Agreement to Provide Hearing Officer Services ("Agreement") between the City and Silver & Wright LLP ("S&W"). SCOPE OF SERVICES The type of hearings S&W can assist the City with include, but are not limited to, hearings regarding the following: • Administrative Hearings • Administrative Citations • Administrative Fines • Administrative Orders • Nuisance Abatement • Nuisance Declarations • Building Enforcement • Code Enforcement • Code Violations • Dangerous Properties • Residential Properties FEES • Commercial Properties • Gang Properties • Drug Houses • Cannabis / Marijuana • Prostitution/Illegal Massages • Cost Recovery • Abatement Liens • Special Assessments • Anything Similar The proposed rates for these services are: $237 per hour for all associate attorney services; $254 per hour for partner services; and $144 per hour for all paralegal and law clerk services. The total amount to be expended during the term of this Agreement shall not exceed $49,000. IYMmo The Agreement shall be for a 2-year tern, unless terminated earlier pursuant to the Agreement's provisions. The term of this Agreement may be extended for one additional year with written City approval. —lofl— Tori Pierson pate202 b1.26b1101J44KNA' ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE YYYY) 01/19/201912022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTan Maldjlan BfONRI &Brawn PHONE (714) 221-1800 FAx (714) 221-4786 AIC No E,d: A/C, No: 2401 E. Katella Ave. ADDRESS: ale en.maldJian@bbrownGom Suite 550 INSURERIS)AFFORDING COVERAGE NAICN Anaheim CA 92806 INSURERA: Chicago Insurance Company 22810A INSURED INSURER B Silver & Wright LLP INSURER C: 3 Corporate Park INSURER D Suite 100 INSURER E Irvine CA 92606 INSURERF: COVERAGES CERTIFICATE NUMBER: 22123 Master REVISION NUMRFR- 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. INSIR LTR TYPE OF INSURANCE ADDL p BUSHP yyyp POLICY NUMBER LILY EFF MMIDDNYYY O YEXP MMIDDIYYYY LIMITS X COMMERCIAL GENERALLIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE If 1,000,000 RENTED PREMISES Eaoccurrence $ 100,000 MED EXP Any one person) $ 10,000 PERSONAL B ADV INJURY $ Excluded A Y Y ABA202100190401 02/06/2022 02/06/2023 GEWLAGGREGATE LIMITAPPLIES PER: X POLICY ❑ PRO ❑ JECT LOG GENERALAGGREGATE $ 2,000,000 PRODUCTS Included $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ac itl nt $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS ABA202100190401 02/06/2022 02/06/2023 BODILY INJURY accident) $ X HIRED NON -OWNED AUTOS ONLY !� AUTOS ONLY PROPERTY DAMAGE Peraodd.m $ X UMBRELLA LIAB X OCCUR RENCE $ 2,000.000 A EXCESS LIAB CLAIMS -MADE ABA202100190401 02/06/2022 02/06/2023 $ 2,000,000 DE, RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED?(Mandatory NIA OTH- ER HEX.�CHACCIDENT CIDENT S -EA EMPLOYEE S in NH) HYes,descnbiunder -POLICY LIMIT $ DESCRI PTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD IDI, Additional Remarks Schedule. may be attached if more space Is required) The City of Santa Ana, its officers, agents, employees, and volunteers are named as Additional Insured as respects to General Liability in regards to the operations of the Named Insured per endt SB9189 04-17. Primary and Non -Contributory per endt SB9189 04-17. Waiver of Subrogation applies per endt SB9189 04-I T 30 Day Notice of Cancellation applies per endt MAN BP 06 04 20, City of Santa Ana; Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD WiMoegernmlD(Wbe )F NENEwEo B 6?TtMrxa,� r: rsxxM.,,,ase,a.,rumralaae BOP MultiCover - SB 91 89 04 17 Policy Amendment This Endorsement modifies insurance provided under the Businessowners Coverage Form. Your policy is broadened and clarified as follows: 1. Non Employment Discrimination Liability Unless "personal and advertising injury" is excluded from this policy the following applies: A. Section II — Liability, F. Liability and Medical Expenses Definitions, Item 14. is amended to include the following: h. "Discrimination" B. Section II — Liability, F. Liability and Medical Expenses Definitions is amended to include the following: 23. "Discrimination" means the violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, or sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. C. Section II — Liability, B. Exclusions, 1. Applicable to Business Liability Coverage, p. Personal and Advertising Injury is amended to include the following: (14)Arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; (15)Arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub- lease or prospective sale, rental, lease or sub -lease of any dwelling or permanent lodging by or at the direction of any insured; (16)Arising out of "discrimination", if insurance thereof is prohibited by law; or (17) Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination". 2. Additional Insured If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization. Section II - Liability Coverage, C. Who Is An Insured, Item 2. is amended to include the following: e. Any person or organization is included as an additional insured, but only to the extent such person or organization is legally obligated to pay for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions. With respect to the insurance afforded to such additional insured, all of the following additional provisions apl 19tMoyebdlxNYu� SB918904-17 L�O Copyright© 2017 Allianz Global Risks US Insurance Company. All rights reserved. + —7a:r P,r:; d rs�knu„a�e„Y„eom,.,ian� (1) You have agreed in a written "insured contract" that such person or organization be added as an additional insured under this policy; (2) The "bodily injury", "property damage" or "personal and advertising injury" for which said person or organization is legally obligated to pay occurs subsequent to the execution of such "insured contract"; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the "insured contract"; (4) The insurance afforded to such additional insured only applies to the extent permitted by law; (5) Such person or organization is an additional insured only with respectto: (a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to, or leased to you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization; (b) Your ongoing operations performed for that insured; (c) Their financial control of you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization; (d) The maintenance, operation or use by you of equipment leased to you by such person or organization; (e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit, provided such operations are not performed for such state or political subdivision, and are not included within the "products -completed operations hazard"; or (f) Their liability as a grantor of a franchise to you. (6) This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury", "occurrence" or offense: (a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work, including materials, parts or equipment furnished in connection with such work to be performed by or on behalf of the additional insured at the site of the covered operations, has been completed; (c) Which takes place after that portion of "your work" out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project; or (d) Which takes place after the expiration of any equipment lease to which (5) (d) above applies; (7) With respect to architects, engineers or surveyors, coverage does not app" "property damage" or "personal and advertising injury" arising out of the re 1y S6918904-17 az',' •,• ��v�cN°"v''®6'- Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. 1� 7ou �irwo« r+rs"uu�e„e„amuiaae render any professional services by or for you, including (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, architectural, or engineering services. These exclusions apply 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 or advertising injury" involved the rendering of or the failure to render any professional services by or for you. 3. Additional Insured -Vendors If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 3. Additional Insured - Vendors does not apply to that person or organization. Unless the "products -completed operations hazard" is excluded from this policy, Section II - Liability Coverage, C. Who Is an Insured, Item 2. is amended to include the following: f. Any vendor of yours is included as an additional insured, but only with respect to "Bodily Injury" or "Property Damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by thevendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the liability of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. (2) This insurance does not apply to any insured person or organization, from • ­ • `- acquired such products, or any ingredient, part or container, entering intc o ua SB918904-17 ' �"'E o6 MrRa Or. Copyright © 2017 All!anz Global Risks US Insurance Company. All rights reserved. %u >aecwx Rek Maevger,mt Omol Ntle 00 containing such products; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or agreement; and (4) The insurance afforded to such vendor only applies to the extent permitted by law. 4. Additional Insured - Limited Primary and Noncontributory Provision Section III — Common Policy Conditions (Applicable to Section I — Property and Section II — Liability), H. Other Insurance, is amended to include the following: 4. With respect to Section II —Liability: However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of this MultiCover endorsement and have agreed in a written "insured contract" that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance, provided that the additional insured is a Named Insured under such other insurance. 5. Blanket Waiver of Subrogation Section III Common Policy Conditions (Applicable to Section I — Property and Section II — Liability, K. Transfer of Rights of Recovery Against Others to Us, 2., is deleted and replaced with the following: 2. Applicable to Businessowners Liability Coverage a. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. If required by a written "insured contract" executed prior to the "occurrence" or offense, we waive any right of recovery we may have against any person or organization named in such "insured contract" because of payments we make for injury or damage arising out of your operations or "your work" for that person or organization. 6. Broadened Named Insured A. Section II -Liability Coverage, C. Who Is An Insured, is amended to include thefollowing: 3. Any organization that you own at the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if: a. There is no other similar insurance available to that organization; and b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and c. That organization is incorporated or organized under the laws of the United States of America. However: SB918904-17 lk fl R 6AOr. Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved., Tau ;amww Rmk WU gen TOC a de ., (1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (2) Coverage A does not apply to "bodily injury" or "property damage' that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. Section II - Liability Coverage, C. Who Is An Insured, the last paragraph, is deleted and replaced with the following: 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. However, this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An Insured, provision 3., above. 7. Medical Payments Unless Medical Expenses Coverage is excluded from this policy: A. Section II - Liability, B. Exclusions, 2. Applicable to Medical Expenses Coverage, f. is deleted and replaced with the following: f. Included within the "products -completed operations hazard". However, this exclusion does not apply to expenses for dental services. B. Section II - Liability, D. Liability and Medical Expenses Limits of Insurance, is amended to include the following: 5. Medical Expenses Coverage is primary and not contributing with any other insurance, even if that other insurance is primary also. 8. Liberalization Section III — Common Policy Conditions (Applicable to Section I — Property and Section II — Liability), G. Liberalization, is deleted and replaced with the following: G. Liberalization If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. 9. Damage to Premises Rented to You A. Section III — Liability Coverage, B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph is deleted and replaced with the following: Exclusions c., d., e., f., g., h., i., k., I., m., n. and o. in Section II — Liability do not apply to damage by fire to premises while rented to you, temporarily occupied by you with permission of the owner or managed by you under a written agreement with the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in PE-----" ^ ' And Medical Expenses Limits of Insurance in Section II — Liability. wy Om" 58918904-17 z a 'jj`` 06A' ft Copyright© 2017 Allianz Global Risks US Insurance Company. All rights reserved. %ds ;arrwae �'—'"` ReN hU,w,9enm[UmralNde B. Section III - Liability Coverage, D. Liability and Medical Expenses Limits of Insurance, Item 3. is deleted and replaced with the following: 3. The most we will pay under Business Liability for damages because of "property damage" to a premises while rented to you, or in the case of fire, while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner, is the greater of: a. $1,000,000 Any One Premises; or b. The Damage to Premises Rented To You Limit shown in the Declarations. 10. Chartered Aircraft Section II - Liability, B. Exclusions, 1.Applicable to Business Liability Coverage, g. Aircraft, Auto or Watercraft, is amended to include the following: (6) An aircraft in which you have no ownership interest and that you have chartered with crew. 11. Coverage Territory Broadened Section II — Liability Coverage, F. Liability and Medical Expenses Definitions, Item 4.a. is deleted and replaced with the following: a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas, the Cayman Islands and the British Virgin Islands. 12. Personal or Advertising Injury -Contractual Unless "Personal and Advertising Injury" is excluded from this policy, Section II — Liability Coverage, B. Exclusions, 1. Applicable to Business Liability, p. Personal and Advertising Injury, (4) is deleted in its entirety. 13. Fellow Employees Coverage Section II - Liability Coverage, C. Who Is an Insured, Item 2.a.(1) is deleted and replaced with the following: (1) "Personal and advertising injury': However, subsections (a), (b), (c) and (d) of item (1) remain unchanged. 14. Bodily Injury Definition - Broadened Section II — Liability Coverage, F. Liability and Medical Expenses Definitions, Item 3. is deleted and replaced with the following: 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. 15. Unintentional Failure to Disclose Hazards Section II - Liability Coverage, E. Liability and Medical Payments General Conditions, is amended to include the following: w.kr,�.g�awr� 58918904-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. a„a ram,,, oan,�iade asnn,�„ 6. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 16. Supplementary Payments, Increase Limits Section II — Liability, A. Coverages, 1. Business Liability, f. Coverage Extension — Supplementary Payments, (1) (b) and (d) are deleted and replaced with the following: (b) The cost of bail 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. (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 substantiated loss of earnings up to $500 a day because of time off work. 17. Amended Duties in the Event of an Occurrence, Offense Claim or Suit Section II - Liability Coverage, E. Liability and Medical Payments General Conditions, 2. Duties in the Event of Occurrence, Claim or Suit, a. and b. are deleted and replaced with the following: a. You must see to it that we or any licensed agent of ours are notified of a General Liability "occurrence" or offense which may result in a claim as soon as practicable after it becomes known to: (1) You, if you are an individual; (2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited liability company; (4) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or (5) Your authorized representative or insurance manager. Knowledge of an 'occurrence' or offense by persons other than those listed above does not imply that those listed above also have such knowledge. To the extent possible, notice to us should include: (1) How, when and where the occurrence" or offense took place; (2) The names, addresses, and telephone numbers of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence, offense, claim, or "suit'. 18. Section III - Common Policy Conditions (Applicable to Section I — Property and Section II — Liability), H. Other Insurance, 2. is deleted and replaced with the following: 2. Business Liability Coverage RbkM..g"'dD i. - SB9189 04-17 R ° & Armour. Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. �� �' %au ;VQr e. a.x m.,naeen,moam�iaae 'y If other valid and collectible insurance is available to any insured for a loss we cover under Business Liability Coverage, our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written "insured contract" to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or "your work" for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance, or; b. Except for the circumstance described in 2.a., above, the insurance provided under this policy is excess over any other liability insurance available to any insured whether such other insurance is written as primary, excess, contingent or any other basis. An exception applies when any insured specifically has purchased excess insurance to apply in excess of the limits of insurance shown in the Declarations for Business Liability Coverage. 19. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs - Limited Coverage The policy applies to direct physical damage to automobiles owned by invitees subject to all of the following: 1. Provided such damage originates from premises owned, managed, leased or rented by an insured; 2. Coverage applies only to invitees of an insured or an insured's tenant; 3. Such damage is directly caused by wind -driven falling trees or tree limbs; 4. The most we will pay for any one loss is the lowest of: a. the actual cash value of the damaged automobile as of the time of the loss; or b. the cost of repairing the damaged automobile; or c. the cost of replacing the damaged automobile with another automobile of like kind and quality. Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000 in any one policy period; 5. This coverage is not subject to the General Liability General Aggregate Limit; and 6. We will make payments under this coverage without regard to fault. 20. Section II — Liability, B. Exclusions, 1. Applicable to Business Liability Coverage, a. Expected or Intended Injury, is deleted and replaced with 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. All other terms and conditions of this policy shall remain unchanged. RIAMgmd SB918904-17 i.: R� &ApP Or. Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. 7au >aicsJar � Rek NNnage„m, OmvlgOc Courtesy Notice of Cancellation for Other Than Nonpayment of Premium to Designated Entities MAN BP 06 04 20 Policy Amendment Schedule Name and Address of Person(s) or Organizations City of Sana Ana Number of Days Notice if other than 10 days: 30 Days Information required to complete this Schedule, if not shown above, will be shown in the Declarations. This policy is amended as follows: A. If We cancel this policy prior to expiration for any reason other than non payment of premium or at Your request, and we have been notified that You are required under a current contractual obligation to notify a certificate of insurance holder or holders when this policy is canceled, then We will endeavor to mail or deliver a copy of such written notice of cancellation to the certificate holder(s) shown in the Schedule above, as follows: 1. To the name and address corresponding to each certificate of insurance holder indicated in the Schedule above; and 2. At least 10 days prior to the effective date of the cancellation, as shown in our notice to the first Named Insured, or, if indicated, the longer number of days notice shown in the Schedule above. B. Notwithstanding the foregoing, such notice of cancellation is provided on an informational basis and solely to assist You in informing the certificate of insurance holder(s) in advance of pending cancellation in coverage to assist you in meeting Your contractual notice requirements to such parties. Our failure to provide such advance notification to the certificate of insurance holder(s) shown in the Schedule of this endorsement will not extend any policy cancellation date, negate any cancellation of the policy, or grant, alter or extend any rights or obligations under this policy and we shall have no liability for any failure to provide the notice(s) as provided herein. All other terms and conditions of this policy remain unchanged. 8RhkM&A aMtl . 1. Atv�erEocnrvxw�er. aax r�,,,,y�„e„ ammiaae CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/19/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AUTOMATIC DATA PROCESSING INS AGCY PHONE (800)524-7024 (NC, No, Eat): FAx (800)524-4013 (A/C, No): 76250717 71 HANOVER ROAD E-MAILAOORESS: FLORHAM PARK NJ 07932 INSURER(S) AFFORDING COVERAGE NAICk INSURER A: Hartford Fire and Its P&C Affiliates 00914 INSURED INSURER B : SILVER & WRIGHT LLP INSURER C: 3 CORPORATE PARK STE 100 INSURER D: IRVINE CA 92606-5159 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSF T TYPE OF INSURANCE ADDL BUBB POLICY NUMBER POLICY EFF POLICY UP p LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PREMISES Ea cc MED EXP (Any ono person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY [:]�EC ❑ LOG PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Par accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS UAB CLAIMS- MADE AGGREGATE ED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER STATUTE OTH- E.L. EACH ACCIDENT $1,000,000 A ANY YIN PROPRIETORIPARTNER/EXECUTIVE OFFICEMMEMBER EXCLUDED? NIA 76 WEG AE7FSP 01/01/2022 01/01/2023 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) H yes, descnbe under EL.DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS helaw I I Et DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the Insureds Operations. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. Risk Management Division 20 CIVIC CENTER PLZ SANTA ANA CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORI ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD y x Rbk Mmrgnwd Duos. RE EwFD 6/wFFavto By 8 %r! i2rc oa, FeuM na,,,mml omtalAde CERTIFICATE OF LIABILITY INSURANCE DATE /2021 Y) /, 211 7/021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER o,mm Sean Hayes First Indemnity Insurance Agency, Inc. Iue,;ge„r 781-5B1-2519 iac„o, E781-595-2293 87 Oxford Street T«a. shayes@firstindemity.net AODSPI Lynn, MA 01901 INSURERS AFFORDING COVERAGE NAIC# INSURER A: General Security National Insura INSURED INSURERS: Silver & Wright LLP INSURER C: 3 Corporate Park INSURER D: Suite 100 INsuRERE. Irvine, CA 92606 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. INR R LT TYPEOFINSURANCE AOPL INSRD SUER MIDSUE POLICY NUMBER POLICY EFF POLICY ENE LIMITS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DAMAGE TO RENTED PREMISES (Ea—ranw) MED EXP(An, one Person) PERSONALSANDINJURY GENERALAGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea enuderd) BODILY INJURY (Per pemn) ANY AUTO ALL OWNED SCHEDULED AUTOS AUT BODILY INJURY (Per audet) PROPERTY DAMAGE(Peracddent) HIREDAUTOS NONOSINED Al ITnR UMBRELLA LIAB OCCUR EACH OCCURANCE AGGREGATE EXCESS LIAB CLAIMS MADE OEO I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TOR' LIMITS OTHER ANY PROPRIETORIPARTNER/EXECUTIVE OFFICEMIEMBER EXCLUDED7 (Mandatory in NH) YIN It yes, describe under DESCRIPTION OF ❑ OPERATIONS below N/A E.L. EACH ACCIDENT E.L. DISESAE-EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A Lawyers Professional 7-1 3924000000800 -00 07/01/21 07/01/22 Each Claim: $ 2,000,000 General Aggregate: $ 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) Claims made Coverage, Covering 10 Attorney, Retro-Date: 03/01/2013. Deductible is per claim and applies to loss and defense. Claim Expenses are Inside the Limits of Liability. UCR I H-r-m I C MULUGK ity of Santa Ana isk Management Division 0 Civic Center Plaza anta Ana, CA 92702 SHOULD ANY OF THE ABOVED DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSCRIBER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND TO THE INSURER, IT'S AGENTS OR REPRESENTITIVES REPRESEpt)fATIVE/� I //�'�� BEVTE�D6 MPRw®BY: AI 111i 1�: ,Pu rrcwax rsl:NMaryigenvrrumrawda ACORD 25 (2009/01) The ACCORD name and logo are registered marks of ACCORD NOTICE OF COMPLIANCE Contractor Silver & Wright LLP Name: Project N-2022-043 Number: Project City Of Santa Ana Agreement With Silver & Wright LLP To Provide Name: Administrative Hearing Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE City of Santa Ana;, 20 Civic AUTOMOBILE LIABILITY ABA202100190402 02/06/2024 02/07/2023 Center Plaza, Santa Ana, CA, 92702.pdf City of Santa Ana;, 20 Civic GENERAL LIABILITY ABA202100190402 02/06/2024 02/07/2023 Center Plaza, Santa Ana, CA, 92702.pdf PROFESSIONAL LIABILITY EML0000400221 07/01/2023 09/15/2022 WORKERS COMPENSATION AND EMPLOYERS' 76WEGAE7FSP 01/01/2024 12/03/2022 Santa Ana WC LIABILITY COI 2024.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/9/2023 12:52 PM NOTICE OF COMPLIANCE Contractor Silver & Wright LLP Name: Project N-2022-043 Number: Project City Of Santa Ana Agreement With Silver & Wright LLP To Provide Name: Administrative Hearing Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE City of Santa Ana;, 20 Civic AUTOMOBILE LIABILITY ABA202100190402 02/06/2024 02/07/2023 Center Plaza, Santa Ana, CA, 92702.pdf City of Santa Ana;, 20 Civic GENERAL LIABILITY ABA202100190402 02/06/2024 02/07/2023 Center Plaza, Santa Ana, CA, .......... 92702.pdf , LAWYERS PROFESSIONAL EML0004232231 07/01/2024 06/26/2023 S&W 2023 Holder.pdf WORKERS COMPENSATION AND EMPLOYERS' 76WEGAE7FSP 01/01/2024 12/03/2022 Santa Ana WC LIABILITY COI 2024.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/28/2023 5:04 PM NOTICE OF COMPLIANCE CITY W Y "A';CCC. I1111RI C T' I'III:I Pi 1111AGE AND INCLUDE Ck IT111 1AGREEMENTTOT111I➢C CLERK CSC 1111IE COUNCIL Contractor Silver & Wright LLP Name: Project N-2022-043 Number: Project City Of Santa Ana Agreement With Silver & Wright LLP To Name: Provide Administrative Hearing Services The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF POLICY EXPIRATIO COI FILE NAME INSURANCE NUMBER N DATE DATE AUTOMOBILE ABA2021001904 01/30/202 LIABILITY 03 02/06/2025 4 City of Santa Ana.pdf GENERAL ABA2021001904 : 02/06/2025 01/30/202 City of Santa Ana.pdf LIABILITY 03 4 LAWYERS 06/26/202 PROFESSIONA EML0004232231 07/01/2024 S&W 2023 Holder.pdf L 3 WORKERS COMPENSATIO 12/27/202 Certificate_76WEGAE7FSP_3376718. N AND 76WEGAE7FSP 01/01/2025 3 , pdf EMPLOYERS' LIABILITY No further action is required .............. at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 4/5/2024 6:38 PM ACC ® (MMDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE DATE C(MM//DD 2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME"°T Sean Hayes First Indemnity Insurance Agency, Inc. PHONE 781-581-2 19 a 8 9 (AC, N,, E E ( - One Beacon Street E-MAL Suite 33200 ADDRESS shayes@fi s1.i Boston, MA 02108 INSURERSAFFO C�NG 11111 OVERAGE . NAIC# Fo E An-I.L...Everest Na io a s NSURED Serviam by Wright LLP tAAERC: 3 Corporate Park Suite 100 INSURER D: Irvine, CA 92606 Su ER L COVERAGES CERTIFA,AT CrISP4 171 I3Tr= P: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TANDING ANY ET, TERM OR ONDITION ON RCRJHERDO� OY E�'OYS E RCERT F CINDICATEA MABEISSUED OR MAY PERAIN, THE NSURANEAFFFORDED YE POLICIDCRBED HEEIN JP&_ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUC ED ', t PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD'L INSRD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurance) MED EXP (Any one person) CLAIMS MADE El OCCUR PERSONAL & AND INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG POLICY PROJECT El LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) HIRED AUTOS NON -OWNED AI ITnS UMBRELLA LIAB EACH OCCURANCE .�JOCCUR AGGREGATE EXCESS LIAB CLAIMS MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY STATU- TORWC Y LIMITS OTHER E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y/N (Mandatory in NH) N/A - EA E.L. EMPLOYEE EMPLOY EE If yes, describe under DESCRIPTION OF ❑ OPERATIONS below E.L. DISEASE- POLICY LIMIT A Lawyers Professional EML0004232- 241 07/O1/24 07/O1/25 Each Claim: $3, 000, 000 General Aggregate: $3, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVED DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Santa Ana THEREOF, THE ISSUING INSUREER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE Risk Management Division CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND TO THE INSURER, IT'S AC;FNTS nR RFPRFSFNTITIVFS 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRES ATIVE RAMougmumtDMsian % REVIEWED & APPROVED BY. II A taN44 Risk Management Specialist N ACORD 25 (2009/01) The ACCORD name and logo are registered marks of ACCORD 1 AV EVEREST ELEVATION ° LAWYERS PROFESSIONAL LIABILITY POLICY A_VF R V.S\ DECLARATIONS THIS IS A CLAIMS -MADE POLICY AND COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD AND REPORTED TO THE INSURER PURSUANT TO THE TERMS HEREIN. CLAIM EXPENSES SHALL REDUCE THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS AND MAY COMPLETELY EXHAUST THE POLICY LIMITS. PLEASE READ THE ENTIRE POLICY CAREFULLY AND DISCUSS THE COVERAGE HEREUNDER WITH YOUR INSURANCE AGENT OR BROKER. NAMED INSURED AND ADDRESS INSURER ITEM 1 (hereinafter, "Insurer") Serviam by Wright LLP Everest National Insurance Company 3 Corporate Park 100 Everest Way Suite 100 Warren, NJ 07059 I rvi ne, CA 92606 POLICY NUMBER PRODUCER EML0004232-241 Embroker Insurance Services, LLC 5214F Diamond Heights Blvd. Renewal of: EML0004232-231 San Francisco, CA 94131 ITEM 2 POLICY PERIOD: FROM 07/01/2024 TO 07/01/2025 12:01 A.M. LOCAL TIME AT THE ADDRESS OF THE NAMED INSURED SHOWN ABOVE ITEM 3 AGGREGATE LIMIT OF LIABILITY A. for the Policy Period (including Claim Expenses): $3,000,000 B. Each Claim (including Claim Expenses): $3,000,000 ITEM 4 DEDUCTIBLE: $25,000 ITEM 5 COVERAGE EXTENSIONS If any of the coverages described below are left blank or "N/A" is indicated, such coverage and any reference thereto is deleted from the Policy. COVERAGES SUBLIMIT OF LIABILITY A. CRISIS EVENT EXPENSES $25,000 B. DISCIPLINARY PROCEEDINGS EXPENSES 1. Each Disciplinary Proceeding $25,000 2. All Disciplinary Proceeding Expenses $50,000 C. SECURITY INCIDENT RESPONSE EXPENSES 1. Each Security Incident $25,000 2. All Security Incident Response Expenses $25,000 D. SUBPOENA COMPLIANCE EXPENSES $25,000 RiskMwugmuxtDMsian % REVIEWED & APPROVED BY. °111� tgs.�:e t�fceva�C: Risk Management Specialist LPL-CWF001A-1 0319 ©Everest Reinsurance Company, 2019 E. LITIGATION PARTICIPATION EXPENSES 1. Per Day Litigation Participation Expenses $500 2. Per Claim Litigation Participation Expenses $25,000 3. All Litigation Participation Expenses $50,000 ITEM 6 POLICY PREMIUM: $17,049.00 TOTAL PREMIUM WITH TAXES & ASSESSMENTS: $17,049.00 ITEM 7 EXTENDED REPORTING PERIOD: Additional Period: Additional Premium: One (1) year 100% of the Annualized Premium in ITEM 6 Above Two (2) years 150% of the Annualized Premium in ITEM 6 Above Three (3) years 200% of the Annualized Premium in ITEM 6 Above Five (5) years 250% of the Annualized Premium in ITEM 6 Above ITEM 8 RETROACTIVE DATE: 03/01/2013 ITEM 9 NOTICE TO INSURER: Notice of Claims or Potential Claims: Email: EverestlnsuranceClaims(a)EverestRe.com Fax: 1-866-283-4856 Telephone (toll free): 1-866-323-4501 Mail: Everest Insurance® Attn: Lawyers' Professional Claims 100 Everest Way Warren, NJ 07059 All Other Notices: Email: Serviceteam(a)embroker. com Telephone: 1-844-436-2765 Mail: Embroker Insurance Services LLC 5214F Diamond Heights Blvd. Unit #1261 San Francisco, CA 94131 ITEM 10 FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ON THE DATE THIS POLICY IS ISSUED: See attached Schedule of Forms/Endorsements THIS DECLARATIONS PAGE, TOGETHER WITH THE APPLICATION, LAWYERS PROFESSIONAL LIABILITY POLICY AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY. Risk MougementDMsian REVIEWED &/APPROVED BY. ® Risk Management Specialist LPL-CWF001A-1 0319 ©Everest Reinsurance Company, 2019 SCHEDULE OF FORMS/ENDORSEMENTS ZVE R ES'\ Endorsement Named Insured Policy Number Policy Period Writing Company Effective Date Serviam by Wright EML0004232-241 07/01/2024 - Everest National 07/01/2024 LLP 07/01/2025 Insurance Company Form Name Form Number Endorsement No. LAWYERS PROFESSIONAL LIABILITY POLICY LPL-CWF001A-1 0319 DECLARATIONS LAWYERS PROFESSIONAL LIABILITY POLICY LPL-CWF100A-1 0319 (CALIFORNIA) CANCELLATION AND NONRENEWAL EIL-CAF100A-1 0118 1 INDIVIDUAL INSURED RETROACTIVE DATE LPL-CWF316A-1 0319 2 ENDORSEMENT INSURING AGREEMENT AMENDED LPL-CWF317A-1 0319 3 ENDORSEMENT DEFENSE COUNSEL ENDORSEMENT LPL-CWF341A-1 0319 4 AMEND PREDECESSOR DEFINITION LPL-CWF347A-1 0622 5 ENDORSEMENT RELIANCE UPON OTHER APPLICATION LPL-CWF327B-1 0622 6 ENDORSEMENT ADVISORY NOTICE REGARDING TRADE OR EIL-CWN010A-1 1020 ECONOMIC SANCTIONS orz,N�F Risk ManagementD'Msian REVIEWED & APPROVED BY: '�_ii11:1_I_IF'�L• t� �ceve�Co ® Risk Management Specialist EIL CWF002A-1 0319 ©Everest Reinsurance Company, 2019