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HomeMy WebLinkAboutKANE, BALLMER & BERKMAN INSURANCE ON FILE A-2025-028-02 WORK MAY PROCLED UNTIL INSU ANCE EXPIRES li CITY CLERK DATE: APR 4 202SAGREEMENT WITH KANE, BALLMER& BERKMAN TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES DJI11714 G THIS AGREEMENT is made and entered into on this 18TK day of March, 2025 by and HIV U 3)between Kane, Ballmer & Berkman, a California law 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"). RECITALS A. On October 24,2024,the City issued Request for Proposals No.24-127,by which it sought Consultants to provide as-needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. 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 RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on [March 18, 2025 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF,SERVICES 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. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation.. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as-needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No.24-127 is a collective amount not to exceed$2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment,as properly assigned by the City per Section 1, above, is completed. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s)with financial institutions. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 & 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. G. INSURANCE; MINIMUM SCOPE AND LIMIT OF INSURANCE a. Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term and Extended Term, if applicable, of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be borne by Consultant. 1. 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office .Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation (WIC): 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,policy or employee,for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate. b. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant and its Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, AL, and WIC policies, arising from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,voided, reduced in coverage or in limits,non-renewed by the carrier, or materially changed except after thirty (30)days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. d. 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 e. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. £ Verification of Coverage. Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. g. 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, contractors,special counsel, and representatives from liability: (1)for personal injury, damages,just compensation, restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its agents,employees,or other persons acting on its behalf which relates to the services described in section I of this Agreement; and(2)from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of,or effects,arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark, or copyright infringement, including costs,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 the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 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. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, to the extent required by law, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in Exhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. further,the Executive Director may require Consultant 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 Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 16. 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. 17. 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 arise out of, in connection with or by reason of this Agreement. 18. 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. 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: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 With courtesy copies to: Executive Director Finance& Management Services Agency City of Santa Ana 20 Civic Center Plaza(M-15) P.O. Box 1988 Santa Ana, California 92702 And Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza(M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Kane, Ballmer& Berkman, a Law Corporation Attn: Glen Calsada 515 S. Figueroa Street, Ste. 780 Los Angeles, CA 90071 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. 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. [signature page to follow] IN WITNESS WHEREOF,the parties hereto have executed this Agreement the slate and year first above written. ATTEST: CITY OF A ANA '`; ennifer L. all Alvaro Nunez C i City Manager APPROVED AS TO FORM: SONIA R. CARVALHO KANE,BALLMER& BERKMAN City Attorney 1 ! 1,0 �d- By: Melissa M. Crosthwaite Royce K. Jones Senior Assistant City Attorney Managing Partner RECOMMENDED FOR APPROVAL: ka.4'6 hierTk&idad aie.M.ffd.,a.a(F.hn,sass ie:u asn Alex Trinidad Acting Executive Director Finance & Management Services Agency KANEBAL-01 YCORAT ERS CERTIFICATE OF LIABILITY INSURANCE DaT 2/1012Q2510l2 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 endorsements. PRODUCER CONTACT Mary Tang NAME: Acrisure Southwest Partners Insurance Services,LLC PHONE FAX 4000 Westerly Place (PdC,No,Ext): (Arc,No): Suite 110 E-MADDRESS,mtang aCrISLIre.Com Newport Beach,CA 92660 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Sentinel Insurance Company, Ltd 11000 INSURED INSURER B:Insurance Company of the West 27847 Kane Ballmer 8r Berkman ALC INSURER C:QBE Insurance Corporation 39217 515 S. Figueroa St,Suite 780 INSURER D:Coalition Insurance Company 29530 Los Angeles,CA 90071 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE ® OCCUR X X 72SBAIT8387 811l2024 81112025 DAMAGE TO RENTEDPREMISES�Fa occurrence) $ 11000,000 MED EXP(Any one arson $ 10,000 PERSONAL&ADV INJURY $ 21000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY❑ JPERO LOC PRODUCTS-CCMPIOP AGG $ 4,000,0©{} OTHER: $ A AUTOMOBILE LIABILITY COMBINEDident $SINGLE LIMIT 2,000,000 Ea acc ANY AUTO X X 72SBAIT8387 811l2024 8/112025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ AU XAJiaL e�adenoAMAGE QSXTQSONLY ONLY Pc $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 72SBAIT8387 8/112024 811/2025 AGGREGATE s 1,000,(100 DED I X RETENTION$ 10,000 5 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE YrN X WSA504233006 811l2024 81112025 1,000,000 OFFICEWMEMBER EXCLUDED? N f a E.L.EACH ACCIDENT S {Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S C Professional Liab. LAW-13070-01 81112024 8/1/2025 Each Claim/Aggregate 2,000,000 D Cyber Liability C4MQ8-290366CYBER 2/2812024 2/2812025 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space is required) The City of Santa Ana,its City Council,officers,officials,employees,agents and volunteers are additional insureds as respects attached General Liability endorsement.Such insurance is primary and non-contributory as per attached General Liability form. Waiver of subrogation applies as per attached General Liability and Workers Compensation forms. APPROVED Tu Tra n Digitally signed by ru rran Nguyen By Tu Tran Nguyen of 5:96 pm, Feb 90, 2025 Nguyen Date:2025.02.10 17:17:15-08'00' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Finance and Management Services Agency 20 Civic Center Plaza Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72SBAIT8387 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers Location And Description Of Completed Operations: 20 Civic Center Plaza, Santa Ana CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section C. — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". i i I Form SS 41 71 06 11 Page 1 of 1 © 2011,The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 72SBAIT8387 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part_ this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Fights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. W If the insured has waived any rights of When this insurance is excess, we will have no duty under this Coverage Part to recovery against any person or organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The inforrnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/01/2024 Policy No.WSA 5042330 06 Endorsement No. Insured KANE BALLMER & BERKMAN A LAW Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED r 1� CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following: A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2. Comply with the Model Code of Ethics published by the National Association of Hearing Officials. 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations. 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitioner/appellant. 5. Review case documentation submitted with petitions or appeals, and identifying and communicating potential concerns to the City. 6. Perform legal research, and interpret complex statutes, policies, and procedural guidelines. 7. Instruct participants in hearing of their rights and applicable hearing procedures. 8. Conduct hearings in a fair, impartial, courteous, and professional manner. 9. Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code (SAMC). 11. Perform all other services as outlined in the resulting agreement for services upon award. 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer will be required to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City. 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAMC provisions at issue, hearing materials, and rules of evidence. 15. Virtual Hearings: City will provide virtual meeting link to all parties. The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. City of Sania Ana RFP No.24-127 Page 17 of 34 �1 r CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are: • Monday through Thursday from 7:30 AM to 5:30 PM; and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In-Person Hearings: City will provide hearing rooms, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. • Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17. All hearings shall be conducted in English and, if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. 19. Hearing Officers shall have a duty to notify the City of any actual conflict of interest or suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2, Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: httr)s://www.santa- ana.orc(charter-and-munici al-codel 1. Code Enforcement • Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, planning/zoning, and all other Code Enforcement abatement actions • Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. City of Santa Ana RFP No.24-127 Page 18 of 34 (9) CITY OF SANTA ANA 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1-21 • Related to administrative citations issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures • SAMC § 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction • SAMC § 8-3145(f) (Per Ordinance No. NS-3052) • Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases, mandates "just cause" requirements for termination of tenancies, and establishes a rental registry) 5. Refuse Violations • SAMC § 16 (Various Subsections) • Related to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accumulations, refuse, trash, rubbish, or other filth in any public or private properties 6. Public Safety Sensitive Business Establishments • SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16 • Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non-Regulatory Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from any business operator(aside from cannabis), with any penalties, interest, and charges (including fees) 8. Cannabis Business License Tax • SAMC § 21-41 • Related to the determination of the amount of license tax due to the City from a cannabis operator, together with any penalties, interest, and charges (including service fees) 9. Hotel Visitors Tax (more commonly known as Transient Occupancy Tax) • SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10. Utility Users Tax for Electric, Gas & Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana City of Santa Ana RFP No.24-127 Page 19 of 34 KANE, BALLMER& BERKMAN, Exhibit B A Law Corporation SCHEDULE OF RATES Senior Principal $300/hour Principal $300/hour Of Counsel $300/hour Senior Counsel $250/hour Senior Associate $225/hour Associate $210/hour Paralegal $125/hour CLASSIFICATION OF ATTORNEYS Royce K. Jones Managing Principal $300/hour Susan Y. Apy Principal $300/hour Kendall D. Levan Principal $300/hour Todd C. Mooney Principal $300/hour Murray O. Kane Of Counsel $300/hour Glenn W. Calsada Of Counsel $300/hour NOTE: The same hourly rate is applicable to Court appearances. NOTE: The firm may modify the name and status of attorneys listed above. FEE SCHEDULE for Administrative Hearing and Mediations Flat Rate Multiple Hearings: $800 per day for morning session virtual hearings and afternoon written decisions Flat Rate Multiple Hearings: $1000 per day for morning session in-person hearings and afternoon written decisions Reconsiderations after remand: $275 Canceled Hearings/Mediations: $150 In-Person Staff Meetings at City Hall: $200 per hour Virtual Staff Meetings: $150 per hour Flat Rate Single Hearing: $150 for preparation and document review $150 for virtual attendance; $200 for in-person (2 hour limit) $200 for preparation of written hearing determination and hearing closeouts Expenses: Reimbursed at actual costs ALL FEES SUBJECT TO NEGOTIATION Kane Ballmer Berkman - Administrative Hearing Officer (Final with Exhi bits)(2019462. 1 ) Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade(kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA7f-EJ1LWvDU61d ZsgwX bCH-sA]QAD "Kane Ballmer Berkman - Administrative Hearing Officer (Final with Exhibits)(2010462. 1 )" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27-5:33:21 PM GMT 17+ Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27-5:33:38 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana,org) 2025-02-28-2:11 AB AM GMT do Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date:2025-02-28-2:12:24 AM GMT-Time Source:server Q Agreement completed. 2025-02-28-2:12:24 AM GMT Adobe Acrobat Sign KANEBAL-01 MTANG2 ACORU°° CERTIFICATE OF LIABILITY INSURANCE DATE(M �►�---''' 8/4/202 YYY) 2025 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: Acrisure West Insurance Services,LLC PHONE FAX 1950 W Corporate Way (A/C,No,Ext): (A/C,No): E-MAIL #1 ADDRESS: Anaheim,CA 92801-5373 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriters Insurance Company 30104 INSURED INSURER B:Insurance Company of the West 27847 Kane Ballmer$Berkman ALC INSURER C:QBE Insurance Corporation 39217 515 S.Figueroa St,Suite 780 INSURER D:Coalition Insurance Company 29530 Los Angeles,CA 90071 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER IYPOLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DDYYY MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE IV OCCUR 72SBABN3SZ9 8/1/2025 8/1/2026 DAMAGE TO RENTED 1,000,000 X X PREMISES fEa occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY❑ PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 Ea accident $ ANY AUTO X X 72SBABN3SZ9 8/1/2025 8/1/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (per..ER $ A UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 72SBABN3SZ9 8/1/2025 8/1/2026 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ X WSA504233007 8/1/2025 8/1/2026 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH)EXCLUDED? N/A 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. LAW-13070-02 8/1/2025 8/1/2026 Each Claim/Aggregate 2,000,000 D Cyber Liability C-4MQ8-290366-CYBER-2025 2/28/2025 2/28/2026 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Santa Ana,its City Council,officers,officials,employees,agents and volunteers are additional insureds as respects attached General Liability endorsement.Such insurance is primary and non-contributory as per attached General Liability form. Waiver of subrogation applies as per attached General Liability form and Workers Compensation endorsement. Tu Tran Digitally signed byTu Tran Nguyen Nguyen 1D1 45 54-07 00 4APPROVED By Try Tran Nguyen at 1145 am,Aug 04,2p2 . CERTIFICATE HOLDER CANCELLATION 1--------------------------------------- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Finance and Management Services Agency 20 Civic Center Plaza Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 72SBABN3SZ9 Declarations: Business Liability Coverage Part OINTE UE J 1JJp JU SL 30 42 10 18 ADDITIONAL INSURED- CITY OF LYNWOOD ITS N/A DESIGNATED PERSON OR OFFICERS,ITS OFFICIALS, ORGANIZATION EMPLOYEES AND VOLUNTEERS 11330 BULLIS RD, LYNWOOD,CA 90262 SACRAMENTO HOUSING AND N/A REDEVELOPMENT AGENCY AND ITS CONSTITUENT ENTITIES 801 12TH ST,SACRAMENTO,CA 95814 SL 30 24 10 18 ADDITIONAL INSURED-OWNERS, CITY OF KEY WEST LOC 001 BLDG 001 LESSEES OR CONTRACTORS- PO Box 1409, KEY WEST, FL ONGOING OPERATION- 33041-1409 SCHEDULED PERSON OR ORGANIZATION CITY OF SANTA ANA, ITS CITY LOC 001 BLDG 001 COUNCIL,OFFICERS,OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLZ,SANTA ANA,CA 92701 THE CITY OF GLENDALE LOC 001 BLDG 001 613 E BROADWAY STE 100, GLENDALE,CA 91206-4308 CITY OF SANTA MONICAATTN: LOC 001 BLDG 001 RISK MANAGEMENT 1717 4TH ST STE 270,SANTA MONICA,CA 90401-3319 SL 30 36 10 18 ADDITIONAL INSURED-OWNERS, CITY OF KEY WEST LOC 001 BLDG 001 LESSEES OR CONTRACTORS- PO BOX 1409, KEY WEST, FL COMPLETED OPERATIONS 33041-1409 THE CITY OF GLENDALE LOC 001 BLDG 001 613 E BROADWAY STE 100, GLENDALE,CA 91206 CITY OF SANTA ANA, ITS CITY LOC 001 BLDG 001 COUNCIL,OFFICERS,OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLZ,SANTA ANA,CA 92701 CITY OF CORONADO LOC 001 BLDG 001 1825 STRAND WAY,CORONADO, CA 92118 Form:SC 00 01 10 18 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE IF HARTFORD ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. The following is added to Section C. WHO IS AN INSURED: Additional Insured—Owners, Lessees Or Contractors—Completed Operations a. The person(s) or organization(s) shown in the Schedule on the Declarations is also an additional insured, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" and at the location designated and described in the Location And Description Of Completed Operations Schedule in the Declarations performed for that additional insured and included in the "products-completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications, payment requests, manuals or instructions; (2) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (3) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (4) Monitoring, sampling, or testing service necessary to perform any of the services included in (1), (2) or(3) above; (5) Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in (1), (2) or(3) above; c. The insurance afforded to these additional insureds only applies to the extent permitted by law. d. If coverage provided to these additional insureds is required by a written contract, agreement or written permit issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement or permit to provide for these additional insureds. Form SL 30 36 10 18 Pagel of 1 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc.,with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE IF HARTFORD ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - ONGOING OPERATIONS - SCHEDULED PERSON OR ORGANIZATION POLICY NUMBER: 72 SBA BN3SZ9 This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. Section C.WHO IS AN INSURED is amended to include the following as an additional insured: The person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing operations for the additional insured(s) at the location(s) designated in the Declarations. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract, agreement, or permit the insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Form SL 30 24 10 18 Page 1 of 1 Process Date: 05/21/2025 ©2018, The Hartford Policy Expiration Date: 08/01/2026 (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE lP)' HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE lP)' HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/01/2025 Policy No.WSA504233007 Endorsement No. Insured KANE BALLMER & BERKMAN A LAW Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED