HomeMy WebLinkAboutELMT CONSULTING, INC.INSURANCE ON FILE A-2023-194-11
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CITY C'lk 0 9 2024 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND
DATE; A
PLANNING SERVICES RELATED TO CEQA AND NEPA
THIS AGREEMENT is made and entered into this 7th day of November, 2023 by and between
ELMT Consulting, Inc., a California corporation ("Consultant'), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
p : pg,, CD> RECITAL
A. On August 17, 2023 the City issued Request for Qualification No. 23-142, by which
it sought Consultants to provide on -call environmental, technical, and planning
services for the Planning. and Building Agency of the City of Santa Ana. The scope
of work may include any and all work efforts related to the analysis of a proposed
project for compliance with the California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA). This may include preparation of
required technical studies, peer review of technical .studies prepared by others,
preparation of Initial Studies, Negative Declarations, Mitigated Negative
Declarations, Environmental Impact Reports; Environmental Assessments,
Environmental Impact Statements, and staffing services on an as -needed basis.
B. Consultant submitted a responsive proposal that was among those selected by the
City. Consultant represents that it is able and -willing to provide the services
described in the scope of work that was included in RFQ No. 23-142 and attached
as Exhibit A.
C: Consultant has been selected as one of thirty-five (35) vendors which qualified for
this engagement. Only those consultants approved by the City Council on
November 7, 2023, shall be eligible to be engaged by the City for these services.
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 contracting firm in the field.
NOW THEREFORE; in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. On an as -needed basis, and at the sole discretion of the City, Consultants shall
perform the services that are described in Exhibit A; attached and incorporated by
reference as though fully set forth herein. Consultant's proposal is incorporated by
reference as though fully set forth herein.When the need for services arise, City
may initiate services through use of a letter agreement, executed by the Executive
Director of the Planning and Building Agency and the Consultant. Work by the
Consultant may not proceed absent a previously engaged or fully executed
consultant agreement and letter agreement for a specific project.
Page 1 of 11
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of thirty-five (35) Consultants selected to provide environmental
and planning services on an as needed basis under RFQ No. 23-142. The total
compensation for services provided by all Consultants selected under RFQ No. 23-
142 is a collective amount not to exceed four million nine hundred fifty thousand
($4,950,000.00) during the term of the Agreement, including any extension periods.
b. Where applicable, City shall recognize and pay for any outstanding invoices for
work performed by any of the thirty-five (35) selected vendors for building safety
consultant services performed by the Consultant for work previously performed
for the City.
C. 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.
3. TERM
This Agreement shall commence on the date first written above for a five (5)_year term,
unless terminated earlier in accordance with Section 16, below.
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 similantaxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in
plans, specifications, studies, drawings, estimates, and other documents or works of authorship
fixed in any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Page 2 of 11
Data. Consultant makes no such representation and warranty in regard to Documents & Data which
were provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes intended by
this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance.
1 Commercial General Liability `(CGL): CommercialGeneral
Liability (CGL)'. Insurance Services Offce 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
aggregate limit 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.
2. Automobile Liability: ISO Form Number CA 00 01 covering any
auto (Code 1), or if Consultant 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 and Omissions): insurance
appropriate to the Consultant's profession, with limit no less than
$1,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Broader Coverage: if the Consultant 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 the Consultant. 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 the Consultant including
materials, parts, or equipment furnished in connection with such
work or, operations. General liability coverage can be provided in
the form of an endorsement to the Consultant's insurance (at least as
Page 3 of 11
broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 2010, 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, the
Consultant'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 the Consultant'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: Consultant hereby grants to City a waiver
of any right to subrogation that any insurer of said Consultant may
acquire against the City by virtue of the payment of any loss under
such insurance. Consultant agrees to obtain any endorsement that
may be necessary to affect this waiver of 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 the Consultant 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. Claims Made Policies (applicable only to professional liability):
The Retroactive Date must be shown, and must be before the
date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance
must be provided for at least f ve (5) years after completion
of the contract of work.
iii. If coverage is canceled or non -renewed, and not replaced
with another claims -made policy form with a Retroactive
Date prior to the.contract effective date, the Consultant must
purchase "extended reporting" coverage for a minimum of
five (5) years after completion of work.
Page 4 of 11
8. Verification of Coverage: Consultant shall furnish the City with
original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements
to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the
Consultant'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.
9. Subcontractors: Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements.
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors.
M 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
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations ofthe Consultant or its Consultants, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) fiorn any claim that personal injury, damages, just compensation, restitution,.
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City; including fees and costs for special counsel to be selected by the City,.
regarding any action by a third, party challenging the validity of this Agreement, or asserting that
personal injury, damages; just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services, are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
Page 8 of 11
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement. and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is. independently developed by the Consultant without reference to information disclosed by die
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under 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 fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
Page 6 of 11
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Pax: 714- 647-6956
To Consultant:
Executive Director
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, CA 92702
Email: PBAAdmin@santa-ana.org
ELMT Consulting, Inc.
2201 N. Grand Ave.
#10098
Santa Ana, CA 92711
714-716-5050
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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or, obligate Consultant or the .City: Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
Page 7 of 11
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any:of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
17. NON-DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
18. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
Page 8 of 11
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and: exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately_ and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions: Said inability shall be cause for termination of this Agreement.
20.. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its. signature herein below has the
power, authority and right to bind their respective parties to. each of the terms of
this Agreement; and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[Signatures on the following page].
Page 9 of 11
A-2023-194-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martine
Assistant City Atto ey
RECOMMENDED FOR APPROVAL
MINH THAI
Executive Director
Planning and Building Agency
CITY OF SSAANTA ANA
Alvaro Nunez
Acting city manager
CONSULTANT
��"z L-� '
Travis McGi
Managing Director
Page 10 of 11
Exhibit A
Scope of Services
Consultants will be expected to provide experienced and knowledgeable professional staff familiar
with federal, state and local regulations including the Santa Ana Municipal Code and General Plan
and the CEQA and NEPA. The Consultants' Project Manager and staff shall be responsive and
maintain excellent working relationships with project applicant, property owners, developers and
City staff. Consultants shall be committed to provide adequate staffing levels at all times in order to
adhere to established schedules. All consultants shall provide services under the direction of City
staff. Services may include attendance at appropriate City Council, City Commissions, and
neighborhood meetings.
A. Environmental Services
Services include, but are not limited to preparation of documents, distribution and filing of
environmental noticing, preparation of studies and technical reports as required by the CEQA and
NEPA including, but not limited to, the following as amended and updated from time to time:
• Initial Study
• Environmental Impact Report
• Notice of Preparation
(Program, Focused, Master;
• Notice of Availability
Staged)
i Notice of Determination
• EIR Addendum, Supplemental
• Categorical Exemption
EIR, Subsequent EIR
• .Negative Declaration
• Mitigation and Monitoring
• Mitigated Negative
Program
Declaration-
• Response to Comments
• Statement of Overriding
Considerations
• NEPA compliance documents
B. Technical Studies
As necessary, prepare any technical studies needed to complete the environmental review or for
development projects or City projects as -needed, including but not limited to:
•
Air Quality Study
•
Biological Resource
Assessment
•
Cultural Resource Study
•
Environmental Site
Assessments
•
Economic/Market Study
•
Geological/Soil Study
®
Greenhouse Gas
Assessment
•
Health Risk Assessment
Historical Resource
Assessment
• Hydrology/INater Quality Study
• Noise Impact Study.
• Parking Study
• Water Supply Assessment
• Mineral Resource Study
• Utility/Sewer Study
• Traffic Study
C. Staffing Services
The Planning Division is also seeking qualified professional individuals, firms, or multi -disciplinary
teams with experience in current, historic preservation, environmental justice, and advanced
planning to assist with processing development project applications, counter services and planning
efforts on an as -needed basis.
Page 11 of 11
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
ELT
L P�SU12t1�iG
Response to Request for Qualifications No. 23-142
For Environmental and Planning Services
City of Santa Ana
Section 4
Fee ScheduLes
Fee Schedule - Ganddini Group
Fee Schedule - CRM Tech
�4r�1<�� $ill�g°ait�s
uNsurriNc, 1 I �t I Response to RFQ Environmental Services
-
Page 19
Fee Schedule - Weiss Environmental
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A� 0 CERTIFICATE OF LIABILITY INSURANCE
DATEIMM/DDNYYY)
2/12/2024
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 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 certif ca d
PRODUCER
ssureciPartoers DesiAn Professionals Insur nce S
f�9I� V O 0
y Date: 2024.
NAME: C arah Fi CA License#OM57256
PHONE
360-fi26-2961 ac No:360-626-2961
E ' sured artners.com
_
INSURERS AFFORDING COVERAGE NAICM
INSURERA: State Compensation Insurance Fund
35076
—07 1 00
_
INSURED ELMTCON-01
ELMT Consulting Inc
2201 N. Grand Avenue #10098
INSURER B: RLI INSURANCE COMPANY
13056
INSURER c: Continental Casualty Co
20443
Santa Ana CA 92711
INSURER 0
INSURER E :
INSURER F
v,PATu kl"MBER' 203758975 KEVISIum 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.
ILTR
TYPE OF INSURANCE
ADDL
SUER
POLICYNUMBER
POLICY EFF
MM/DDIYYYY
POLICY FXP
MMIDD
LIMITS
B
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 1XI OCCUR
Y
Y
PMB0001686
2/1/2024
2/112025
EACH OCCURRENCE
$1,000,000
OAM GE TO RE ED
PREMISES Ea occvnence
$100,000
MED EXP(Any one person)
$25,000
PERSONAL& ADV INJURY
$1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE
$2,000,000
PRODUCTS-COMP/OP AGG
$2,000.000
POLICY IRI LOC
JECT
B
OTHER:
AUTOMOBILE LIABILITY
Y
Y
PM80001686
2/1/2024
2/1/2025
COMBINED SINGLE LIMIT
IF, accident
$1.000,000
BODILY INJURY (Par parson)
$
ANY AUTO
BODILY INJURY (Per accident)
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED X NOWOWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Perawiden[
$
B
X
UMBRELLAUAB
X
OCCUR
Y
PME0001081
2/1/2024
2/1/2025
EACH OCCURRENCE
$2,000,000
AGGREGATE
$2,000,000
EXCESS LMB
CLAIMS -MADE
DEO I I RETENTIONS
WORKERS COMPENSATION
AND EMPLOYERS'LIABILMY YIN
ANVPROPRIETOMPARTNEWEXECUTIVE
X STATUTE ERH-
$
A
Y
9225307-2024
2/1/2024
2/1/2025
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1.000,000
OFFICERIMEMBEREXCLUDED'/ ❑
(Mandatory in NH)
NIA
E.LDISEASE-POUCYUMIT
M,000,000Per Claim
$1.000.000
$4,000,000 Agg
C
IfWs,d scribaunder
DESCRIPTION OF OPERATIONS below
Professional Linn; Pall. Incident
EEH591968038
2/1/2024
2/1/2025
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required)
City of Santa Ana — Planning and Building Agency, its officers, officials, employees, and volunteers are additional insureds per the attached. General Liability is
Primary/Non-Contributory per the attached. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 days Notice of
Cancellation per the attached
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PRC
City of Santa Ana — Planning and Building Agency walrnfuMge sentDMamR
20 Civic Center Plaza AUTHORIZEDREPRESENTAT IE �� REv& m 4APPROVQJ BY
Santa Ana CA 92701 ,t . A,, f A eve a
([/y_ Risk Management Specialist
01988-2015 ACORD
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS
HOME OFFICE EFFECTIVE FEBRUARY 1 2024 AT 12.01 A.M.
SAN FRANCISCO �
AND EXPIRING FEBRUARY 1, 2025 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
ELMT CONSULTING, INC.
2201 N GRAND AVE UNIT 10098
SANTA ANA, CA 92711
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
JOB DESCRIPTION
BLANKET WAIVER OF
SUBROGATION
9225307-24
RENEWAL
NA
9-45-61-18
PAGE 1 OF
NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND
ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY
OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY Su nil RF
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEN
LIMITATIONS IN THIS ENDORSEMENT.
COUNTERSIGNED AND
`ISSUED
DAATTSSAANFRFRANCISCO: FEBRUARY
2572 AUTHORIZED REPRESEN'2
SCIF FORM 10217 IREV.4-20191
2, 2024
1
_
s
Risk MatugemmtDWIon
REVIEWm 6 APPROVED BY:
RA Management Sped Mist
. / .CNTiCi`.
PRESIDENT AND CEO
OLD DP 217
Policy Number: PMB0001ER5 RLI Insurance Company
Named Insured: ELlvlTConsuRinginc
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with "your work" and included
within the "product -completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any professional services.
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance — COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN
0REVIEWm 6 APPROVm BY:
Risk Management Specialist
PPB 304G 04 13
Policy Number: Pme0001686
RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR DESIGN PROFESSIONALS
LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. First Aid And Good Samaritan Services
B. Supplementary Payments
C. Reasonable Force — Bodily Injury Or Property Damage
D. Non -Owned Watercraft
E. Canoes Or Rowboats
F. Damage To Premises Rented To You
G. Aircraft Chartered With Crew
H. Electronic Data Liability
I. Who Is An Insured — Newly Acquired Or Formed Organizations
J. Who Is An Insured — Unnamed Partnership Or Joint Venture
K. Additional Insured — Owner, Manager Or Lessor Of Premises Or Leased Equipment
L. Additional Insured — State Or Political Subdivisions — Permits Related To Premises Or Operations
M. General Aggregate Limit — Per Project Or Per Location
N. Knowledge And Notice Of Occurrence Or Offense
O. Amended Bodily Injury Definition
P. Amended Insured Contract Definition — Construction Or Demolition Operations Within 50' Of Railroad
Q. Amended Personal And Advertising Injury Definition — Electronic Material
R. Unintentional Omission
S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
_
RIA M—aganodDiviv(on
GENIE &APPROVm BY:
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Risk Management Spedalist
or
PPB 316 11 13 rage -1 or i
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM — SECTION II — LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY
ONLY
A. First Aid And Good Samaritan Services
1. The following is added to Section II A.I.
Business Liability Coverages
We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury' arising out of either the
rendering of or failure to render, "First Aid" or
"Good Samaritan Services" to any person. For
the purposes of this coverage grant, "First Aid"
or "Good Samaritan Services" will be deemed to
meet the definition of "occurrence". For the
purposes of determining the applicable limits of
insurance, any act or omission together with all
related acts or omissions in the rendering of
"First Aid" or "Good Samaritan Services" to any
one person will be deemed one "occurrence".
a. "First Aid" means initial care for medical
attention immediately following a "bodily
injury".
b. "Good Samaritan Services" means medical
attention provided in an emergency and for
which no remuneration is demanded or
received.
2. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance available to any insured whether
primary, excess, contingent or any other basis,
except for insurance purchased specifically by
you to apply in excess of the limits of Insurance
shown in the declarations for Business Liability.
B. Supplementary Payments
Section II A.11. Coverage Extension —
Supplementary Payments Paragraphs 1.(b) and
1.(d) are deleted and replaced with the following:
(b) Up to $2,500 for the cost of bail bonds required
because of accidents or traffic violations arising
out of any vehicle to which Business Liability
Coverage for "bodily injury' applies. We do not
have to furnish these bonds.
(d) All reasonable expenses incurred by the insured
at our request to assist in the investigation or
defense of the claim or "suit", including actual
loss of earnings up to $500 a day because of
time off work.
C. Reasonable Force — Bodily Injury Or Property
Damage
Section II B.1.a. Exclusions, Expected Or
Intended Injury, is deleted and replaced by the
following:
a. Expected or Intended Injury
"Bodily Injury' or "property damage" ex-
pected 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.
D. Non -Owned Watercraft
1. Section II BA.g. Exclusions, Aircraft, Auto Or
Watercraft Subparagraph (2) is deleted and
replaced by the following:
(2) A watercraft you do not own that is:
(a) Up to seventy-five (75) feet long; and
(b) Not being used to carry persons or
property for a charge;
2. Only as respects to the insurance provided by
this provision C. Who Is An Insured is
amended to include as an insured any person
who, with your express consent uses the
watercraft.
3. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance available to the insured, whether
primary, excess, contingent or on any other
basis, except for the insurance purchased
specifically by you to apply in excess of the
Limits of Insurance shown in the declarations for
this Coverage Part.
E. Canoes Or Rowboats
The following is added to the exceptions contained
in Section II BA.g. Exclusions, Aircraft, Auto Or
Watercraft:
(6) Any non -motorized canoe or rowboat owned by
the insured. Only as respects to the insurance
provided by this provision C. Who Is An
Insured is amended to include as an insured
any person who, with your express consent,
uses any such canoe or rowboat.
F. Damage to Premises Rented to You
1. The last paragraph of Section 11 B.1. Ex-
clusions — Applicable To Business Liability
Coverage is deleted and replaced by the
following:
Exclusions c., d., e
o. in SECTION II
damage by water,
smoke resulting i
RAMvuganaa DniNml
Reny=XM& Mraav®BY:
AIJU "44
' Risk Management Specialist
of
PPB 316 11 13 raye c ul t
rented to you, or temporarily occupied by you
with permission by the owner. A separate
Damage To Premises Rented To You Limit of
Insurance applies to this coverage as described
in paragraph D. Liability And Medical
Expenses Limits of Insurance in SECTION II —
LIABILITY.
cells, data processing devices or any other
media which are used with electronically
controlled equipment.
3. For the purposes of the coverage provided by
this endorsement, Section II F. Liability And
Medical Expenses Definitions, Paragraph 17.
is deleted and replaced by the following:
2. Section II F.9.a. Liability And Medical
17. "Property damage" means:
Expenses Definitions, is deleted and replaced
by the following:
a. Physical injury to tangible property,
including all resulting loss of use of that
a. A contract for a lease of premises. However,
property. All such loss of use shall be
that portion of the contract for a lease of
deemed to occur at the time of the
premises that indemnifies any person or
physical injury that caused it;
organization for damage by water, fire,
b. Loss of use of tangible property that is
explosion, lightning, or smoke resulting from
not physically injured. All such loss of
fire to premises while rented to you or
use shall deemed to occur at the
temporarily occupied by you with permission
"
time of the "occurrence" that caused it;
of the owner is not an "insured contract";
or
3. This provision does not apply if coverage for
c. Loss of, loss of use of, damage to,
Damage To Premises Rented To You is ex-
corruption of, inability to access, or in-
cluded by another endorsement to this policy.
ability to manipulate "electronic data",
G. Aircraft Chartered With Crew
resulting from physical injury to tangible
property. All such loss of "electronic
1. The following is added to the exceptions
data" shall be deemed to occur the
contained in Section II B.1.g. Exclusions,
time of the "occurrence" that caused it.
Aircraft, Auto or Watercraft:
d. Property damage does not mean dis-
(6) Any non -owned aircraft chartered to you
closure of, display of, or theft or mis-
with a crew including a pilot.
appropriation of electronic data however
2. The insurance provided by this provision shall
caused.
be excess over any valid and collectible other
For the purposes of this insurance,
insurance available to the insured whether
"electronic data" is not tangible property.
primary, excess, contingent or on any other
I. Who Is An Insured —Newly Acquired Or Formed
basis, except for insurance purchased specif-
Organizations
ically by you to apply in excess of the Limits of
Insurance shown in Declarations.
The following is added to Section II C. Who Is An
H. Electronic Data Liability
Insured:
1. Section II B.1.q. Exclusions is deleted and
replaced by the following:
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability to
access, disclosure of, display of, theft or
misappropriation of or inability to manipulate
"electronic data". However this exclusion
does not apply to "Property Damage".
2. The following definition is added to Section II F.
Liability And Medical Expenses Definitions:
"Electronic data" means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMS, tapes, drives,
Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, 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:
1. Coverage under this provision is afforded only
until the one hundred eightieth (1801h) day after
you acquire or form the organization or the end
of the policy period, whichever is earlier;
2. Coverage does not apply for "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization.
3. Coverage does
advertising injury
committed before
organization.
RPMEwE) 6 APPROVE) BY,
A, f, 11,44te
Risk Management Specialist
PPB 316 11 13 rmyc 0 Ui
4. This provision does not apply to any
organization for which coverage is excluded by
another endorsement to this policy.
J. Who Is An Insured — Unnamed Partnership Or
Joint Venture
1. The last paragraph of Section II C. Who Is An
Insured is deleted and replaced by 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 limitation does
not apply to your liability with respect to your
conduct of the business of any current or past
partnership or joint venture:
a. That is not shown as a Named Insured in
the Declarations; and
b. In which you are a member or partner but
only if:
(1) Each and every member or partner in
that joint venture or partnership is not a
construction contractor; and
(ii) The joint venture or partnership is not
providing construction contracting
services.
2. This provision does not apply to any person or
organization for which coverage is excluded by
another endorsement to this policy.
3. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance, whether primary, excess, contingent
or on any other basis, which is available
covering your liability with respect to your
conduct of the business of any current or past
partnership or joint venture that is not shown as
a Named Insured in the Declarations and which
is issued to such partnership or joint venture.
K. Additional Insured — Owner, Manager Or Lessor
Of Premises Or Leased Equipment
Section 11 C. Who Is An Insured is amended to
include as an insured:
1. Any person or organization that you have
agreed in a contract or agreement to include as
an additional insured on this policy, but:
a. Only with respect to liability for "bodily injury'
or "property damage" that occurs, or
"personal and advertising injury" caused by
an offense committed, after you have
entered into that contract or agreement; and
(1) Only if the "bodily injury", "property dam-
age" or "personal and advertising injury"
is caused, in whole or in part, by you or
any person or organization performing
operations on your behalf, and arises
out of the ownership, maintenance or
use of that part of any premises leased
to you under that contract or agreement;
or
(2) The "bodily injury", "property damage" or
"personal and advertising injury" is
caused, in whole or in part, by you or
any person or organization performing
operations on your behalf, and arises
out of the maintenance, operation or use
of equipment leased to you by such
additional insured.
2. The insurance provided to such additional in-
sured under this provision is subject to the
following:
a. The limits of insurance afforded to such
additional insured shall be the limits which
you agreed to provide in the contract or
agreement, or the limits shown in the
Declarations, whichever are less; and
b. The insurance afforded to such additional
insured does not apply:
(1) To any "bodily injury" or "property dam-
age" that occurs, or "personal and
advertising injury" caused by an offense
committed, after you cease to be a
tenant in that premises;
(2) To any structural alterations, construc-
tion or demolition operations performed
by or on behalf of such additional
insured;
(3) To any premises for which coverage is
excluded by another endorsement to
this Coverage Part;
(4) To any "bodily injury' or "property dam-
age" that occurs, or "personal and
advertising injury' caused by an offense
committed, after the equipment lease
expires; or
(5) If the equipment is leased with an
operator.
3. This provision does not nnnly nn mrmt hncie to
any person or orgi
as an additional im �^ Reny Br
another endorseme Aju&,A4
ZIMMOM Risk Management Spedelist
PPB 316 11 13
L. Additional Insured — State Or Political
Subdivisions — Permits Related To Premises Or
Operations
Section II C. Who Is An Insured is amended to
include as an insured:
1. Any state or political subdivision that has issued
a permit in connection with premises owned or
occupied by, or rented or loaned to, you, but
only with respect to "bodily injury', "property
damage", "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways, man-
holes, marquees, hoist away openings, sidewalk
vaults, elevators, street banners or decorations
for which that state or political subdivision has
issued such permit.
2. Any state or political subdivision that has issued
a permit, but only with respect to "bodily injury",
"property damage", "personal and advertising
injury' arising out of operations performed by
you or on your behalf for which that state or
political subdivision has issued such permit.
However, no such state or political subdivision is
an insured for:
a. "Bodily injury', "property damage", "personal
and advertising injury' arising out of op-
erations performed for that state or political
subdivision; or
b. "Bodily injury' or "property damage" included
within the "products -completed operations
hazard".
M. General Aggregate Limit — Per Project Or Per
Location
Section II D. Liability And Medical Expenses
Limits of Insurance, Paragraph 4. Aggregate
Limits. is deleted and replaced by the following:
4. Aggregate Limits
The most we will pay for:
a. All "bodily injury" and "property damage" that
is included in the "products -completed
operations hazard" is twice the Liability and
Medical Expenses limit.
b. All:
(1) "Bodily injury' and "property damage"
except damages because of "bodily in-
jury' or "property damage" included in
the "products -completed operations
hazard";
(2) Plus medical expenses;
(3) Plus all "personal and advertising injury"
caused by offenses committed;
is twice the Liability and Medical Expenses
limit.
The aggregate limit for all "bodily injury" and
"property damage", medical expenses and
"personal and advertising injury" other than
"bodily injury' or "property damage" included in
the "products -completed operations hazard"
applies separately to each of your "projects"
away from premises owned by or occupied by
you or to each of your "locations" owned by or
occupied by you.
"Projects" mean an area away from premises
owned by or rented to you at which you are
performing operations pursuant to a contract or
agreement. For the purposes of determining the
applicable aggregate limit of insurance, each
"project" at the same "location" shall be
considered a single "project".
For the purposes of this provision, "location"
means
1. Premises involving the same or connecting
lots;
2. Premises where connection is interrupted
only by a street, roadway, waterway or right-
of-way of a railroad; or
3. Premises where operations are performed in
sections, stages or phases as a continuation
of the same contract or agreement, even if
the premises do not involve connecting lots.
Subject to Paragraph a. or b. above, whichever
applies, the Damage To Premises Rented To
You Limit is the most we will pay for damages
because of "property damage" to any one
premises, while rented to you, or in the case of
fire; explosion; lightning; smoke resulting from
such fire, explosion or lightning; or water while
rented to you or temporarily occupied by you
with permission of the owner.
The Limits of Insurance of SECTION II —
LIABILITY apply separately to each consecutive
annual period and to any remaining period of
less than twelve (12) months, starting with the
beginning of the policy period shown in the
Declarations, unless the policy period is
extended after issuance for an additional period
of less than twelve (12) months. In that case, the
additional period will be deemed part of the last
preceding period for purposes of determining the
Limits of Insurance.
N. Knowledge And Notice Of Occurrence Or
Offense
The following is added) -"'-&" """""°"g"�""" ,
and Medical xpen A Auw.La
Duties In The EvenMEOW
'�
Claim Or Suit: Risk Management spedXist
PPB 316 11 13
Notice of an "occurrence" or of an offense which
may result in a claim must be given as soon as
practicable after knowledge of the "occurrence" or
offense has been reported to you, one of your
"executive officers" (if you are a corporation), one of
your partners who is an individual (if you are a
partnership), one of your managers (if you are a
limited liability company), one of your trustees who is
an individual (if you are a trust), or an "employee"
(such as an insurance, loss control or risk manager
or administrator) designated by you to give such
notice.
Knowledge by any other "employee" of an "occur-
rence" or offense does not imply that you also have
such knowledge.
Notice of an "occurrence" or of an offense which
may result in a claim will be deemed to be given as
soon as practicable to us if it is given in good faith as
soon as practicable to your workers' compensation,
accident, or health insurer. This applies only if you
subsequently give notice of the "occurrence" or
offense to us as soon as practicable after you, one
of your "executive officers" (if you are a corporation),
one of your partners who is an individual (if you are
a partnership), one of your managers (if you are a
limited liability company), one of your trustees who is
an individual (if you are a trust), or an "employee"
(such as an insurance, loss control or risk manager
or administrator) designated by you to give such
notice discovers that the "occurrence" or offense
may involve this policy.
O. Amended Bodily Injury Definition
The definition of "bodily injury' in Section II F.3.
Liability And Medical Expenses Definitions is
deleted and replaced by the following:
"Bodily injury' means injury to the body, sickness,
disease, or death. "Bodily injury' also means mental
injury, mental anguish, emotional distress, pain and
suffering, or shock resulting from injury to the body,
sickness, disease or death of any person.
P. Amended Insured Contract Definition —
Construction Or Demolition Operations Within
50' Of Railroad
1. The definition of "insured contract" in Section II
F.9.c. Liability And Medical Expenses Defi-
nitions is deleted and replaced by the following:
c. Any easement or license agreement
2. The definition of "insured contract" in Section 11
F.91(1) Liability And Medical Expenses
Definitions is deleted.
3. The insurance provided by this provision shall
be excess over any valid and collectible Railroad
Protective Liability insurance available to an
insured , whether primary, excess, contingent or
on any other basis, except for the insurance
purchased specifically by you to apply in excess
of the Limits of Insurance shown in the
declarations for this Coverage Part.
Q. Amended Personal And Advertising Injury
Definition — Electronic Material
1. The definition of "personal and advertising
injury' in Section II F.14.d. Liability And
Medical Expenses Definitions is deleted and
replaced by the following:
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products
or services;
2. The definition of "personal and advertising
injury' in Section II F.14.e. Liability And
Medical Expenses Definitions is deleted and
replaced by the following:
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
3. Section II BA.p.(2) Exclusions for Personal
And Advertising Injury is deleted and replaced
by the following:
(2) Arising out of oral, written or electronic
publication of material if done by or at the
direction of the insured with knowledge of its
falsity;
4. Section II B.1.p.(2) Exclusions for Personal
And Advertising Injury is deleted and replaced
by the following:
(3) Arising out of oral, written or electronic pub-
lication of material whose first publication
took place before the beginning of the policy
period;
R. Unintentional Omission
The following is added to SECTION III — COMMON
POLICY CONDITIONS Paragraph C. Concealment,
Misrepresentation Or Fraud (BUT APPLICABLE
ONLY TO SECTION II — LIABILITY)
However as it pertains to Business Liability Cover-
age only, the unintentional omission of, or uninten-
tional error in, any information provided by you
which we relied upon in issuing this policy shall not
prejudice your rights under this insurance. This pro-
vision does not affect
premium or to exercise FiskMWcg=adDMdcn
nonrenewal in accordai REmeAW 6APPROV Br
laws or regulations.
RM Management specialist
PPB 316 11 13
S. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us
SECTION III — COMMON POLICY CONDITIONS
Paragraph K.2. Transfer of Rights of Recovery
Against Others to Us (BUT APPLICABLE ONLY
TO SECTION II — LIABILITY) is deleted and
replaced by the following:
2. Applicable to Business Liability Coverage:
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage", "personal injury and advertising injury"
arising out of:
a. Premises owned by you, temporarily occu-
pied by you with permission of the owner, or
leased or rented to you;
b. Ongoing and completed operations per-
formed by you, or on your behalf, under a
contract or agreement with that person or
organization;
c. Your "work"; or
d. "Your products".
We waive these rights only where you have
agreed to do so as part of a contract or agree-
ment entered into by you before the "bodily
injury" or "property damage" occurs or the
"personal and advertising injury' offense is
committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN LIW
Risk Mmugo whDtWelm
®'
Risk Management5pedalist
PPB 316 11 13 rage r Ui i
72/12/2025
(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Jessica Sharpe
AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX
3697 Mt. Diablo Blvd, Suite 230 A/C No EXt: 360-598-5010 vc,No):360-598-5010
Lafayette CA 94549 ADDRESS: jessica.sharpe@assuredpartners.com
INSURER(S)AFFORDING COVERAGE NAIC#
License#;6003745 INSURERA:State Compensation Insurance Fund 35076
INSURED ELMTCON-01 INSURER B: RLI INSURANCE COMPANY 13056
ELMT Consulting Inc
2201 N. Grand Avenue#10098 INSURER C: Continental Casualty Company 20443
Santa Ana CA 92711 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:149609422 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY
B X COMMERCIAL GENERAL LIABILITY Y Y PMB0001686 2/1/2025 2/1/2026 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea or
$1,000,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY PRO LOC PRODUCTS-COMP/OP AGG $2,000,000
X JECT
OTHER: $
B AUTOMOBILE LIABILITY Y Y PMB0001686 2/1/2025 2/1/2026 COMBINED SINGLE LIMIT $1,000,000
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B UMBRELLALIAB X OCCUR Y Y PME0001081 2/1/2025 2/1/2026 EACH OCCURRENCE $2,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000
DED RETENTION$ $
A WORKERS COMPENSATION Y 9225307-2025 2/1/2025 2/1/2026 X PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
❑
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
C Professional Liab;Poll.Incident EEH591968038 2/1/2025 2/1/2026 $4,000,000 Per Claim $4,000,000 Aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The certificate holder is an additional insured per the attached.
Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.
The following policies are included in the underlying schedule of insurance for umbrella/excess liability:General Liability/Auto Liability.
City of Santa Ana—Planning and Building Agency,its officers,officials,employees,and volunteers are additional insureds per the attached.General Liability is
Primary/Non-Contributory per the attached.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 days Notice of
Cancellation per the attached Digitallysigned by Tu
Tu Tran Tran Nguyen APPROVED
Nguyen Date:2025.02.20
09:43:37-08'00'
CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9:43 am, Feb 20, 2025
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Santa Ana—Planning and Building Department
20 Civic Center Plaza AUTHORIZED REPRESENTATIVE
Santa Ana CA 92701
C,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Policy Number: PMB0001686 RLI Insurance Company
Named Insured:ELMT Consulting Inc
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° NOTICE OF CANCELLATION OR NONRENEWAL —
DESIGNATED PERSON OR ORGANIZATION
Schedule
Designated Person or Organization:
As per schedule to be provided upon request
Email Address:
US Mail Address:
If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written
notice at least (30 ) days before the effective date of the cancellation or nonrenewal to the designated person or
organization in the above schedule.
Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be
sufficient proof of notice.
PPK 2108 05 11 Page 1 of 1
Policy Number: PME0001081 RLI Insurance Company
Named Insured:ELMT Consulting Inc
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° NOTICE OF CANCELLATION OR NONRENEWAL —
DESIGNATED PERSON OR ORGANIZATION
Schedule
Designated Person or Organization:
As per schedule to be provided upon request
Email Address:
US Mail Address:
If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written
notice at least (30 ) days before the effective date of the cancellation or nonrenewal to the designated person or
organization in the above schedule.
Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be
sufficient proof of notice.
PPK 2108 05 11 Page 1 of 1
Policy Number: PMB0001686 RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR PROFESSIONALS
LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. First Aid And Good Samaritan Services
B. Supplementary Payments
C. Reasonable Force— Bodily Injury Or Property Damage
D. Non-Owned Watercraft
E. Damage To Premises Rented To You
F. Aircraft Chartered With Crew
G. Electronic Data Liability
H. Who Is An Insured—Newly Acquired Or Formed Organizations
I. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment
J. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations
K. Knowledge And Notice Of Occurrence Or Offense
L. Amended Bodily Injury Definition
M. Amended Personal And Advertising Injury Definition—Electronic Material
N. Unintentional Omission
O. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
PPB 316G 11 13 Page 1 of 5
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM— SECTION II —LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY
ONLY
A. First Aid And Good Samaritan Services a. Expected or Intended Injury
1. The following is added to Section II A.1. "Bodily injury" or "property damage" ex-
Business Liability Coverages pected or intended from the standpoint of
We will pay those sums that the insured the insured. This exclusion does not apply to
becomes legally obligated to pay as damages "bodily injury" or "property damage" resulting
because of"bodily injury" arising out of either the from the use of reasonable force to protect
rendering of or failure to render, "First Aid" or persons or property.
"Good Samaritan Services" to any person. For D. Non-Owned Watercraft
the purposes of this coverage grant, "First Aid"
or "Good Samaritan Services" will be deemed to 1. Section II B.1.g. Exclusions, Aircraft, Auto Or
meet the definition of "occurrence". For the Watercraft Subparagraph (2) is deleted and
purposes of determining the applicable limits of replaced by the following:
insurance, any act or omission together with all (2) A watercraft you do not own that is:
related acts or omissions in the rendering of
"First Aid" or "Good Samaritan Services" to any (a) Up to seventy-five (75)feet long; and
one person will be deemed one"occurrence".
(b) Not being used to carry persons or
a. "First Aid" means initial care for medical property for a charge;
attention immediately following a "bodily
injury". 2. Only as respects to the insurance provided by
this provision C. Who Is An Insured is
b. "Good Samaritan Services" means medical amended to include as an insured any person
attention provided in an emergency and for who, with your express consent uses the
which no remuneration is demanded or watercraft.
received.
3. The insurance provided by this provision shall
2. The insurance provided by this provision shall be excess over any valid and collectible other
be excess over any valid and collectible other insurance available to the insured, whether
insurance available to any insured whether primary, excess, contingent or on any other
primary, excess, contingent or any other basis, basis, except for the insurance purchased
except for insurance purchased specifically by specifically by you to apply in excess of the
you to apply in excess of the limits of Insurance Limits of Insurance shown in the declarations for
shown in the declarations for Business Liability. this Coverage Part.
B. Supplementary Payments E. Damage to Premises Rented to You
Section II A.1.f. Coverage Extension — Supple-
mentary Payments Paragraphs 1.(b) and 1.(d) are 1. The last paragraph of Section II B.I. Exclu-
deleted and replaced with the following: sions — Applicable To Business Liability
Coverage is deleted and replaced by the
(b) Up to $2,500 for the cost of bail bonds required following:
because of accidents or traffic violations arising
out of any vehicle to which Business Liability Exclusions c., d., e., f., g., h., i., k., I., m., n. and
Coverage for "bodily injury" applies. We do not o. in SECTION II — LIABILITY do not apply to
have to furnish these bonds. damage by water, fire, explosion, lightning, or
smoke resulting from fire to premises while
(d) All reasonable expenses incurred by the insured rented to you, or temporarily occupied by you
at our request to assist in the investigation or with permission by the owner. A separate
defense of the claim or "suit", including actual Damage To Premises Rented To You Limit of
loss of earnings up to $500 a day because of Insurance applies to this coverage as described
time off work. in paragraph D. Liability And Medical
C. Reasonable Force — Bodily Injury Or Property Expenses Limits of Insurance in SECTION II—
Damage LIABILITY.
Section II B.1.a. Exclusions, Expected Or 2. Section II F.9.a. Liability And Medical
Intended Injury, is deleted and replaced by the Expenses Definitions, is deleted and replaced
following: by the following:
PPB 316G 11 13 Page 2 of 5
a. A contract for a lease of premises. However, property. All such loss of use shall be
that portion of the contract for a lease of deemed to occur at the time of the
premises that indemnifies any person or physical injury that caused it;
organization for damage by water, fire,
explosion, lightning, or smoke resulting from b. Loss of use of tangible property that is
f not physically injured. All such loss of
ire to premises while rented to you or
temporarily occupied by you with permission use shall be deemed to occur at the
time of the "occurrence" that caused it;
of the owner is not an "insured contract";
or
3. This provision does not apply if coverage for c. Loss of, loss of use of, damage to,
Damage To Premises Rented To You is ex- corruption of, inability to access, or in-
cluded by another endorsement to this policy. ability to manipulate "electronic data",
F. Aircraft Chartered With Crew resulting from physical injury to tangible
property. All such loss of "electronic
1. The following is added to the exceptions data" shall be deemed to occur at the
contained in Section II B.1.g. Exclusions, time of the "occurrence" that caused it.
Aircraft, Auto or Watercraft:
d. Property damage does not mean dis-
(6) Any non-owned aircraft chartered to you closure of, display of, or theft or mis-
with a crew including a pilot. appropriation of electronic data however
2. The insurance provided by this provision shall caused.
be excess over any valid and collectible other For the purposes of this insurance,
insurance available to the insured whether "electronic data" is not tangible property.
primary, excess, contingent or on any other
basis, except for insurance purchased specifi- H. Who Is An Insured — Newly Acquired Or Formed
cally by you to apply in excess of the Limits of Organizations
Insurance shown in Declarations. The following is added to Section II C. Who Is An
G. Electronic Data Liability Insured:
1. Section II B.1.q. Exclusions is deleted and Any organization you newly acquire or form, other
replaced by the following: than a partnership, joint venture or limited liability
company, over which you maintain ownership or
q. Electronic Data majority interest, will qualify as a Named Insured if
there is no other similar insurance available to that
Damages arising out of the loss of, loss of organization. However:
use of, damage to, corruption of, inability to
access, disclosure of, display of, theft or 1. Coverage under this provision is afforded only
misappropriation of or inability to manipulate until the one hundred eightieth (180t") day after
"electronic data". However this exclusion you acquire or form the organization or the end
does not apply to "Property Damage". of the policy period, whichever is earlier.
2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or
Liability And Medical Expenses Definitions: "property damage" that occurred before you
acquired or formed the organization.
"Electronic data" means information, facts or
programs stored as or on, created or used on, or 3. Coverage does not apply for "personal and
transmitted to or from computer software advertising injury" arising out of an offense
(including systems and applications software), committed before you acquired or formed the
organization.
hard or floppy disks, CD-ROMS, tapes, drives,
cells, data processing devices or any other 4. This provision does not apply to any organi-
media which are used with electronically zation for which coverage is excluded by
controlled equipment. another endorsement to this policy.
3. For the purposes of the coverage provided by I. Additional Insured — Owner, Manager Or Lessor
this endorsement, Section II F. Liability And Of Premises Or Leased Equipment
Medical Expenses Definitions, Paragraph 17. Section II C. Who Is An Insured is amended to
is deleted and replaced by the following:
include as an insured:
17. "Property damage" means: 1. Any person or organization that you have
a. Physical injury to tangible property, agreed in a contract or agreement to include as
including all resulting loss of use of that an additional insured on this policy, but:
PPB 316G 11 13 Page 3 of 5
a. Only with respect to liability for "bodily injury" 3. This provision does not apply on any basis to
or "property damage" that occurs, or "per- any person or organization for which coverage
sonal and advertising injury" caused by an as an additional insured specifically is added by
offense committed, after you have entered another endorsement to this policy.
into that contract or agreement; and J. Additional Insured — State Or Political Sub-
(1) Only if the "bodily injury", "property dam- divisions — Permits Related To Premises Or
age" or "personal and advertising injury" Operations
is caused, in whole or in part, by you or Section II C. Who Is An Insured is amended to
any person or organization performing include as an insured:
operations on your behalf, and arises
out of the ownership, maintenance or 1. Any state or political subdivision that has issued
use of that part of any premises leased a permit in connection with premises owned or
to you under that contract or agreement; occupied by, or rented or loaned to, you, but
only with respect to "bodily injury", "property
or
damage", "personal and advertising injury"
(2) The "bodily injury", "property damage" or arising out of the existence, ownership, use,
"personal and advertising injury" is maintenance, repair, construction, erection or
caused, in whole or in part, by you or removal of advertising signs, awnings, canopies,
any person or organization performing cellar entrances, coal holes, driveways, man-
operations on your behalf, and arises holes, marquees, hoist away openings, sidewalk
out of the maintenance, operation or use vaults, elevators, street banners or decorations
of equipment leased to you by such for which that state or political subdivision has
additional insured. issued such permit.
2. The insurance provided to such additional in- 2• Any state or political subdivision that has issued
sured under this provision is subject to the a permit, but only with respect to "bodily injury",
following: "property damage", "personal and advertising
injury" arising out of operations performed by
a. The limits of insurance afforded to such you or on your behalf for which that state or
additional insured shall be the limits which political subdivision has issued such permit.
you agreed to provide in the contract or However, no such state or political subdivision is
agreement, or the limits shown in the an insured for:
Declarations, whichever are less; and a. "Bodily injury", "property damage", "personal
b. The insurance afforded to such additional and advertising injury" arising out of op-
insured does not apply: erations performed for that state or political
subdivision; or
(1) To any "bodily injury" or "property dam- b. "Bodily injury" or"property damage" included
age" that occurs, or "personal and ad- within the "products-completed operations
vertising injury' caused by an offense
hazard".
committed, after you cease to be a
tenant in that premises; K. Knowledge And Notice Of Occurrence Or
Offense
(2) To any structural alterations, construc-
tion or demolition operations performed The following is added to Section II E. 2. Liability
by or on behalf of such additional and Medical Expenses General Conditions,
insured; Duties In The Event of Occurrence, Offense,
Claim Or Suit:
(3) To any premises for which coverage is Notice of an "occurrence" or of an offense which
excluded by another endorsement to may result in a claim must be given as soon as
this Coverage Part; practicable after knowledge of the "occurrence" or
(4) To any "bodily injury" or "property dam- offense has been reported to you, one of your
age" that occurs, or "personal and ad- "executive officers" (if you are a corporation), one of
vertising injury" caused by an offense your partners who is an individual (if you are a part-
committed, after the equipment lease nership), one of your managers (if you are a limited
expires; or liability company), one of your trustees who is an
individual (if you are a trust), or an "employee" (such
(5) If the equipment is leased with an as an insurance, loss control or risk manager or
operator. administrator)designated by you to give such notice.
PPB 316G 11 13 Page 4 of 5
Knowledge by any other "employee" of an "occur- 4. Section II B.1.p.(2) Exclusions for Personal
rence" or offense does not imply that you also have And Advertising Injury is deleted and replaced
such knowledge. by the following:
Notice of an "occurrence" or of an offense which (3) Arising out of oral, written or electronic pub-
may result in a claim will be deemed to be given as lication of material whose first publication
soon as practicable to us if it is given in good faith as took place before the beginning of the policy
soon as practicable to your workers' compensation, period.
accident, or health insurer. This applies only if you
subsequently give notice of the "occurrence" or N. Unintentional Omission
offense to us as soon as practicable after you, one The following is added to SECTION III — COMMON
of your"executive officers" (if you are a corporation), POLICY CONDITIONS Paragraph C. Concealment,
one of your partners who is an individual (if you are Misrepresentation Or Fraud (BUT APPLICABLE
a partnership), one of your managers (if you are a ONLY TO SECTION II— LIABILITY)
limited liability company), one of your trustees who is
an individual (if you are a trust), or an "employee" However as it pertains to Business Liability
(such as an insurance, loss control or risk manager Coverage only, the unintentional omission of, or
or administrator) designated by you to give such unintentional error in, any information provided by
notice discovers that the "occurrence" or offense you which we relied upon in issuing this policy shall
may involve this policy. not prejudice your rights under this insurance. This
provision does not affect our right to collect
L. Amended Bodily Injury Definition additional premium or to exercise our right of
The definition of "bodily injury" in Section II F.3. cancellation or nonrenewal in accordance with
Liability And Medical Expenses Definitions is applicable insurance laws or regulations.
deleted and replaced by the following: O. Waiver Of Transfer Of Rights Of Recovery
"Bodily injury" means injury to the body, sickness, Against Others To Us
disease, or death. "Bodily injury" also means mental
injury, mental anguish, emotional distress, pain and SECTION III — COMMON POLICY CONDITIONS
suffering, or shock resulting from injury to the body, Paragraph K.2. Transfer of Rights of Recovery
sickness, disease or death of any person. Against Others to Us (BUT APPLICABLE ONLY
TO SECTION II — LIABILITY) is deleted and
M. Amended Personal And Advertising Injury replaced by the following:
Definition— Electronic Material
1. The definition of "personal and advertising 2. Applicable to Business Liability Coverage:
injury" in Section II F.14.d. Liability And We waive any rights of recovery we may have
Medical Expenses Definitions is deleted and against any person or organization because of
replaced by the following: payments we make for "bodily injury", "property
d. Oral, written or electronic publication, in any damage", "personal injury and advertising injury"
manner, of material that slanders or libels a arising out of:
person or organization or disparages a a. Premises owned by you, temporarily occu-
person's or organization's goods, products pied by you with permission of the owner, or
or services; leased or rented to you;
2. The definition of "personal and advertising b. Ongoing and completed operations
injury" in Section II F.14.e. Liability And performed by you, or on your behalf, under a
Medical Expenses Definitions is deleted and contract or agreement with that person or
replaced by the following:
organization;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's c. Your"work"; or
right of privacy; d. "Your products".
3. Section II B.1.p.(2) Exclusions for Personal We waive these rights only where you have
And Advertising Injury is deleted and replaced agreed to do so as part of a contract or agree-
by the following: ment entered into by you before the "bodily
(2) Arising out of oral, written or electronic injury" or "property damage" occurs or the
publication of material if done by or at the "personal and advertising injury" offense is
direction of the insured with knowledge of its committed.
falsity;
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 316G 11 13 Page 5 of 5
ENDORSEMENT AGREEMENT
STATE WAIVER OF SUBROGATION
BLANKET BASIS 9225307-25
FUND RENEWAL
NA
HOME OFFICE 9-45-61-18
SAN FRANCISCO EFFECTIVE FEBRUARY 1 , 2025 AT 12 . 01 A.M. PAGE 1 OF 1
AND EXPIRING FEBRUARY 1 , 2026 AT 12 . 01 A.M.
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
ELMT CONSULTING, INC.
2201 N GRAND AVE UNIT 10098
SANTA ANA, CA 92711
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION BLANKET WAIVER OF
FOR WHOM THE NAMED INSURED SUBROGATION
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND
ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY
OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS IN THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAANFRFRANCISCO:
2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO
SCIF FORM 10217 IREV.4-24181 OLD DP 217
Policy Number: PMB0001686 RLI Insurance Company
Named Insured: ELMT Consulting Inc
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II—LIABILITY
1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a
an additional insured any person or organization that primary basis, or a primary and non-contributory
you agree in a contract or agreement requiring basis, this insurance is primary to other insurance
insurance to include as an additional insured on this that is available to such additional insured which
policy, but only with respect to liability for "bodily covers such additional insured as a named insured,
injury", "property damage" or "personal and and we will not share with that other insurance,
advertising injury" caused in whole or in part by you provided that:
or those acting on your behalf:
a. The "bodily injury" or "property damage" for
a. In the performance of your ongoing operations; which coverage is sought occurs after you have
b. In connection with premises owned by or rented entered into that contract or agreement; or
to you; or b. The "personal and advertising injury" for which
c. In connection with "your work" and included coverage is sought arises out of an offense
within the "product-completed operations committed after you have entered into that
hazard". contract or agreement.
2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2.
this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II —
any person or organization for which coverage LIABILITY)
as an additional insured specifically is added by We waive any rights of recovery we may have
another endorsement to this policy. against any person or organization because of
b. This insurance does not apply to the rendering payments we make for "bodily injury", "property
of or failure to render any professional services. damage" or "personal and advertising injury" arising
c. This endorsement does not increase any of the out of "your work" performed by you, or on your
limits of insurance stated in D. Liability And behalf, under a contract or agreement with that
Medical Expenses Limits of Insurance. person or organization. We waive these rights only
where you have agreed to do so as part of a
3. The following is added to SECTION III H.2. Other contract or agreement with such person or
Insurance — COMMON POLICY CONDITIONS organization entered into by you before the "bodily
(BUT APPLICABLE ONLY TO SECTION II — injury" or"property damage" occurs, or the "personal
LIABILITY) and advertising injury" offense is committed.
However, if you specifically agree in a contract or
agreement that the insurance provided to an
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304G 04 13 Page 1 of 1
Professional Liability and Pollution Incident Liability Insurance
Policy
4. fully cooperate with the Insurer or the Insurer's designee in the defense of a claim, including but not
limited to assisting the Insurer in: the conduct of suits or other proceedings, settlement
negotiations, and the enforcement of any right of contribution or indemnity against another who
may be liable to the Insured. The Insured shall attend hearings and trials and assist in securing
evidence and obtaining the attendance of witnesses;
5. refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability,
assume any obligation, or incur any expense, without the Insurer's prior written approval; and
6. pay the deductible amount when due.
After the Insured reports a circumstance or a claim is made and the Insured has the right under any
contract to either reject or demand arbitration or other alternative dispute resolution process, the
Insured shall only do so with the Insurer's prior written consent.
C. The Insured's Rights and Duties in the Event of a Circumstance
If the Insured reports a circumstance for which there may be coverage under this Policy, and the
Insured gives the Insurer written notice containing as much detail as the Insured can reasonably provide
regarding:
1. what happened and the professional services or activities the Insured performed;
2. the nature of any possible injury or damages; and
3. how and when the Insured first became aware of such circumstance,
then any claim or related claims that subsequently may be made against the Insured arising out of such
circumstance shall be deemed to have been made on the date the Insurer received written notice of the
circumstance.
The Insured will cooperate with the Insurer in addressing the circumstance, and refuse, except solely at
the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur
any expense without the Insurer's prior written approval.
D. Subrogation
If any Insured has rights to recover amounts from another, those rights are transferred to the Insurer to
the extent of the Insurer's payment. The Insured must do everything necessary to secure these rights
and must do nothing after a claim is made to jeopardize them. The Insurer hereby waives subrogation
rights against any person or organization to the extent that the Named Insured has, prior to a wrongful
act or circumstance, entered into a written agreement to waive such rights.
E. Premium
All premium charges under this Policy will be computed according to the rules, rates and rating plans
that apply at the effective date of the current policy term.
F. Examination and Audit
The Insured agrees to allow the Insurer to examine and audit the Insured's financial books and records
that relate to this insurance. The Insurer may do this at any time during the policy term or any
extensions, and up to three years after the end of the policy term.
G. Legal Action Limitation
1. The Insured agrees not to bring any legal action against the Insurer concerning this Policy unless the
Insured has fully complied with all the provisions of this Policy.
2. If, after the final adjudication or settlement of a claim, there is any dispute concerning tort
allegations against the Insurer regarding the handling or settlement of any claim, the Insured and the
Insurer agree to submit such dispute to any form of alternative dispute resolution acceptable to both
Form No:CNA79034XX (11-2022) Policy No: EEH591968038
Policy Page 13 of 17 Policy Effective Date:02/01/2025
Underwriting Company:Continental Casualty Company Policy Page: 15 of 24
151 North Franklin Street, Chicago, IL 60606
Copyright CNA All Rights Reserved.
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