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HomeMy WebLinkAboutTALLEY & TALLEY LAW, APC INSURANCE ON FILE N-2025-151 WORK MAY PROCEED UNTIL INSURANCE EYPWCS OL r L ikKI JUN 10 2025 LEGAL SERVICES AGREEMENT WITH TALLEY & TALLEY LAW,"C This AGREEMENT, made and entered into this 1 st day of April, 2025, by and between Talley & Talley Law, APC, a Professional Corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California("City"). RECITALS A. The City of Santa Ana desires to engage Attorneys to provide an attorney(s) to act in the capacity of the legal advisor to the City of Santa Ana Rental Housing Board. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in providing legal advice to administrative boards and commissions, such as the Rental Housing Board, regarding rent stabilization, landlord/tenant disputes, appeal hearings, and any other matters within the purview of the Santa Ana Rental Housing Board. 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. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to provide an attorney(s) to act in the capacity of the legal advisor to the City of Santa Ana Rental Housing Board. Attorneys accept said retention and agree to perform, in a timely and efficient manner,all such services as may be requested by the City.Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, for payment in full for all services at the rate of$315 an hour for partners, $210 an hour for associates, and $140 an hour for paralegals. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed $50,000, C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage,copying costs,service of process, and mail services authorized by the Executive Director of Human Resources in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service.Any costs in excess of$5,000 require the approval of the Executive Director of Human Resources prior to incurring the expense.All expenses must have supporting documentation submitted with the invoice. I 3. METHOD Of PAYMENT METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of submitting the monthly statement to the City. City will not pay interest on unpaid monthly statements. City and Attorneys agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. City acknowledges that Attorneys have executed the City's standard ACH Vendor Payment Authorization and provided required documentation, and, upon verification of the data provided, the City will be and is authorized to deposit payments directly into Attorneys' account(s)with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. CONTROL OF LEGAL MATTERS a. Attorneys have been retained for their knowledge and experience regarding administrative boards and commissions, such as the Rental Housing Board, rent stabilization, landlord/tenant disputes, and appeal hearings. Attorneys are expected to exercise independent judgment, free from any influence by either party or their legal counsel, Attorneys agree that they will also be knowledgeable regarding the City's Rent Stabilization and Just Cause Eviction Ordinance,the applicable Regulations,Policies and Procedures, the Rental Housing Board Policies and Procedures, and all applicable Santa Ana Charter and Municipal Code provisions. Attorneys agree that they will coordinate with the City for administrative purposes only, and they will keep the City generally informed of the status and schedule for the various hearings and any other relevant matter that does not impede upon Attorneys exercise of their independent judgment in providing services pursuant to this Agreement. b. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified,they shall return to the City or Rental Housing Board any and all files then in their possession concerning each and every matter or proceeding in which they represented the City or Rental Housing Board pursuant to this Agreement. 5. TERM The term of this Agreement shall commence on the date first written above and terminate one year from the effective date, above, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one(1)year upon a writing executed by both parties, including the City Manager and the City Attorney. 6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. i 2 7. INSURANCE Prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term 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 Attorneys. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering COL on an"occurrence"basis, including products and completed operations, property damage,bodily injury and personal &advertising injury with limits no less than $2,000,000 per occurrence and$4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code I (any auto), with limits no less than$1,000,000 combined single limits. In the event Attorneys does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Attorneys has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than$1,000,000 per occurrence or claim, and$1,000,000 aggregate. If Attorneys maintain broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions 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 Attorneys' CGL, Professional Liability, and Automobile Liability 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. Attorneys' 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 any policy which arise from work performed by Attorneys under this Agreement. 3 3. For any claims related to this contract,Attorneys' 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 Attorneys' 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 nonpayment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention; City Manager's Office, 20 Civic Center Plaza, M-29, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Attorneys 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, 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 Attorneys 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 Attorneys' 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. 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. 8. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution,judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 4 9. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect,that would conflict in any manner with performance of services specified under this Agreement. 11. 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 telefacsimile 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, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: City Manager's Office City of Santa Ana 20 Civic Center Plaza(M-31) P.O. Box 1988 Santa Ana, California 92702 Facsimile(714) 647-6515 To Attorneys: Cristina Talley, Esq. Talley&Talley Law, APC 27201 Puerta Real, Suite 300 Mission Viejo, CA 92691 A party may change its address by giving notice in writing to the other party, Thereafter, any notice,tender,demand, delivery,or other 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 telefacsimile, 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 5 purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 14. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 15. NON-DISCRIMINATION Attorneys 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.Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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. 6 17. MISCELLANEOUS PROVISIONS 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 terns of this Agreement, and shall indemnify City fully,including reasonable costs and attomey'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. 18. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original, Photocopies of any executed counterpart shall have the same force and effect as an original, City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 14, NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: - CITY OF ANTA 7, ennifer , Ha varo Nunez City C1 City Manager APPROVED AS TO FORM: TALLEY &TALLEY LAW, APC SONIA R. CARVALHO City Attorney By' dAJ Andrea Garcia-Miller Cristina Talley, Esq. Assistant City Attorney Partner 7 DATE ACORO® CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 1 06/05/2025 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 NAME CT Erica Vazquez Pacific Lighthouse Insurance Agency, Inc. PHONE FAx 217 N. Main Street Suite 101 AIC No EXt: (657)667-0225 A/c No: (657)667-0227 Santa Ana, CA 92701 ADDRESS: Erica@PacificLighthouseins.com License#: OG22040 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Sentinel Insurance Company 11000 INSURED Talley&Talley Law,APC INSURERB: Sequoia Inurance Company 22985 27201 Puerta Real INSURERC: National Liability&Fire Insurance Company 20052 Suite 300 INSURER D: Mission Viejo, CA 92691 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000960-0 REVISION NUMBER: 43 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 LT R POLICY NUMBER MM DD YYYY MM/DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 57 S BM BP3810 06/09/2024 06/09/2026 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADEFvl DAMAGE TO RENTED X OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY D PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ MBIED A AUTOMOBILE LIABILITY Y 57 SBM BP3810 06/09/2024 06/09/2025 (CEO,acccldentSINGLE LIMIT $ 2,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F7 RETENTION$ $ B WORKERS COMPENSATION PER IN Y QWC1390251 09/07/2024 09/07/2026 X STATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y 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 Errors and Omissions LP009892 10/09/2024 10/09/2026 Per Claim/Aggregat $2M/$2M DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees,agents, and volunteers as additional insureds are covered as additional insureds, under the Attorneys'General Liability policy with respect to any liability arising out of the 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. Attorneys insurance companies agree to waiver all rights of subrogation against City, its City Council. its officers, officials, continued on ACORD 101 Additional Remarks Schedule CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tran Nguyen at 2:02 pm,Jun 09,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: City Manager's Office ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-29 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE EVZ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by EVZ on 06/05/2025 at 05:38PM AGENCY CUSTOMER ID: LOC#: A` ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Pacific Lighthouse Insurance Agency, Inc. Talley&Talley Law,APC POLICY NUMBER N/A CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) employees,agents,and volunteers for losses paid under the terms of any policy which arise from work performed by attorneys under this agreement. 30 day notice of cancellation to certificate holder 30 days for non-renewal and 10 days for non-payment. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by EVZ on June 05,2025 at 05:38PM THE 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) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured"for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in A. Amended Coverage: which the "pollutants" are contained are moved from the covered "auto" to the place Coverage is extended to "bodily injury" and where they are finally delivered, disposed of "property damage" arising out of the use of a "hired or abandoned by the "insured". auto"and "non-owned auto". Paragraph a. above does not apply to fuels, B. Paragraph B. EXCLUSIONS is amended as lubricants, fluids, exhaust gases or other follows: similar "pollutants" that are needed for or 1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto" or its parts, if: 2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are discharged or released directly not entitled to workers' compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants"; and 3. Exclusion f. Pollution is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the "Bodily injury" or "property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15.c. of the dispersal, seepage, migration, release or definition of"mobile equipment". escape of"pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises property that is: owned by or rented to an "insured" with (1) Being transported or towed by, handled, respect to "pollutants" not in or upon a or handled for movement into, onto or covered "auto" if: from, the covered "auto"; (1) The "pollutants" or any property in (2) Otherwise in the course of transit by or which the "pollutants" are contained are on behalf of the "insured"; or upset, overturned or damaged as a result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto"; and processed in or upon the covered "auto". b. Before the "pollutants" or any property in which the "pollutants" are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission) (2) The discharge, dispersal, seepage, company)for an "auto"owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. y� D. With respect to the operation of a "hired auto" and 4. With respect to this coverage, the following "non-owned auto", the following additional additional exclusions apply: conditions apply: PP Y a. Fellow employee 1. OTHER INSURANCE Coverage does not apply to "bodily injury"to a. Except for any liability assumed under an any fellow "employee" of the "insured" "insured contract"the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow"employee's" employment. However, if your business is the selling, b. Care, custody or control servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured's" care, custody or control. out of the operation of a customer's "auto" C. With respect to "hired auto" and "non-owned auto" by you or your"employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the The following are "insureds": same basis, either excess or primary, we will pay only our share. Our share is the a. You. proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies (1) An "auto" you hire or borrow; or covering on the same basis. (2) An "auto" you don't own, hire or borrow in 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs; or POLICIES ISSUED BY US (3) An "auto" hired or rented by your If the Coverage Form and any other Coverage "employee" on your behalf and at your Form or policy issued to you by us or any direction. company affiliated with us apply to the same C. Anyone else while using a "hired auto" or "non- "accident", the aggregate maximum Limit of owned auto"with your permission except: Insurance under all the Coverage Forms or policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as repairing, parking or storing "autos" unless excess insurance over this Coverage Form. that business is yours. E. The following definitions are added: (3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (if you are a partnership), members DEFINITIONS: (if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease, lessee or borrower or any of their hire, rent or borrow. This does not include "employees", while moving property to or any auto you lease, hire, rent or borrow from an "auto". from any of your"employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company), Page 2 of 3 Form SS 04 38 09 09 or your "executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. "Non-owned auto " means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b. Customer's "auto" that is in your care, custody or control for service. Form SS 04 38 09 09 Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 57 SBM BP3810 SC Named Insured and Mailing Address; TALLEY & TALLEY LAW, APC 27201 PUERTA REAL STE 300 MISSION VIEJO CA 92691 Policy Change Effective Date: 05/06/25 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 001 Agent Name: PROFESSIONAL INSURANCE ASSOCIATES Code: 140012 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE RATES AND PREMIUMS ARE CHANGED. BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED(S) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 SEE FORM IH 12 00 PRO RATA FACTOR: 0.093 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page 0 0l (CONTINUED ON NEXT PAGE) Process Date: 0 5/0 7/2 5 Policy Effective Date: 06/09/24 Policy Expiration Date: 06/09/25 POLICY CHANGE (Continued) Policy Number: 57 SBM BP3810 Policy Change Number: 001 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR SCHEDULED PERSON OR ORGANIZATION Form SS 12 11 04 05 T Page 002 Process Date: 0 5/0 7/2 5 Policy Effective Date: 06/09/24 Policy Expiration Date: 06/09/25 POLICY NUMBER: 57 SBM BP3810 Aulk THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR SCHEDULED PERSON OR ORGANIZATION LOC 001 BLDG 001 CITY OF SANTA ANA, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 RE:NUMBER OF JOB LOCATIONS 1 DESCRIPTION OF COMPLETED OPERATIONS:CONTRACT Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 05/07/25 Expiration Date: 06/09/25 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Santa Ana, its officers, officials, employees, and The insured provides legal services in the City of Santa Ana. volunteers The payroll is accounted for. 20 Civic Center Plaza Santa Ana CA 92702 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 9/7/2024 Policy No. QWC1390251 Endorsement No. 1 Insured Talley &Talley Law, APC Premium $ 523 Insurance Company Sequoia Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) Nguyen, Tu Tran From: Erica <Erica@pacificlighthouseins.com> Sent: Thursday,June 5, 2025 5:40 PM To: Nguyen,Tu Tran; ctalley@talleylawyers.com Cc: Quintana, David Subject: RE: COI Revision Request - Talley&Talley Law Attachments: Cert of Ins - City of Santa Ana REVISED.PDF Follow Up Flag: Follow up Flag Status: Completed Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Hello, Thank you for reaching out. The Professional Liability carrier does not offer additional insured endorsements or waivers of subrogation. They are not endorsements available under the program. Attached is the COI with the requested wording along with the blanket waiver of subrogation for the Liability. Let me know if you need anything else. Thank you! 1 Erica Vazquez. Commerical Lines Account Manager 9 CA License #OH96979 Ericapacificlighthouseins_com Pacific Lighthouse Insurance Agency. Inc. An Affiliate of PIA Agency License # OG22040 217 N_ Main Street_ Suite 101 Santa Ana_ CA 92701 ('667), 667-0226 Phone (667} 667-0227 Fax Thank you for your referrals! Please note that policy changes are NOT FINAL unless you receive a response via email or phone from Pacific Lighthouse Insurance Agency_ If you do not receive a response_ please contact our office immediately! This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate. distribute or copy this e-mail. Please notify the sender immediately by e-mail. If you have received this e-mail by mistake delete this e-mail from your system. From: Nguyen,Tu Tran <tnguyen20@santa-ana.org> Sent:Thursday,June 5, 2025 4:34 PM To: ctalley@talleylawyers.com; Erica <Erica@pacificlighthouseins.com> Cc: Quintana, David <DQuintana@santa-ana.org> Subject: COI Revision Request-Talley&Talley Law Good afternoon Cristina and Erica, I hope you are doing well. I am currently assisting David Quintana with reviewing and approving the COI for Talley and Talley. Attached are the most recent insurance documents we received. Per the agreement, we are requesting the following updates/additional insurance documents: 1. Waiver of Subrogation endorsement as to the Commercial General Liability a. Blanket endorsement or Specific endorsement with required text: "City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers" 2. Additional Insured and Waiver of Subrogation endorsements as to the Professional Liability a. Blanket endorsement or Specific endorsement with required text: "City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers" 2