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HomeMy WebLinkAboutBC SERVICES, INC.INSURANCE ON FILE WORK MAY PROCEED UNTIL INSUi ANCE FXPIRES A-2025-125 AUZ3L/_2o..z_6- _.. CITY CLERK DATE: AUG 11 2925 AGREEMENT FOR COLLECTION AGENCY SERVICES 01 F Mc,A { i ) BETWEEN BC SERVICES, INC. AND Robert zvbigte fta) CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 5"' day of August, 2025 by and between BC Services, Inc. ("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 March 12, 2025, the City issued a Request for Proposal No 25-040 ("RFP") by which it sought to retain a firm having the required skill and knowledge in general collection agency services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full. C. 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth below and in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. Consultant shall provide services on a contingency basis and retain commission on all monies actually collected on assigned accounts, whether paid to City or Consultant, at the following rates: i. 14.5% for all first and second placement accounts receivable initially placed for collection with Consultant beginning September 1, 2025; ii. 25% for all second placement accounts receivable initially placed for collection with Consultant beginning January 1, 2026; and iii. 25% for accounts requiring City -authorized legal action whereas approval must be obtained from City prior to initiating any legal action on an account. Page 1of13 #2068906v1 b. Consultant agrees that City may withdraw any uncollected accounts without any charge or penalty regardless if collection efforts were made. c. Payment, less commission, shall be remitted to City by the 20t" day of the month following collection with supporting documentation 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 Consultant will be authorized to deposit payments directly into City's account(s) with financial institutions. City agrees that any outstanding service invoices will also be remitted payment directly into Consultant's account(s) with financial institutions through ACH transfers. 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. 3. TERM This Agreement shall commence on the date first written above for a three 3 year term with the option for the City to grant up to two 1-year renewals, exercisable by a writing 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 Page 2 of 13 #2068906vl 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. 6. INSURANCE 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 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. MINIMUM SCOPE AND LIMIT OF INSURANCE 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/execss insurance policies. 2. Automobile Liability: 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.: 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: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains 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 Consultant. 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 Consultant's 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 Page 3 of ] 3 42068906v1 personnel furnished in connection with such work or operations. 2. Consultant's 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 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, it's 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: Finance & Management Services Agency, City of Santa Ana, 20 Civic Center PIaza (M-15) P.O. Box 1988, Santa Ana, California 92702. 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 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. 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. 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. Page 4 of 13 42068906v1 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 subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 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 Page 5 of 13 #2068906vl 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 a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make Rill written disclosure of such facts to the City. bull written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in Page b of 13 #2068906v1 subsections (b) and (c) above. IPMEWLT11WORLTOW"Wall "I'll 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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. Page 7 of 13 #2068906v1 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 Page 8of13 #2068906v1 Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Alexandra Slocum EVP Sales and Marketing BC Services, Inc. 550 Disc Drive Longmont, CO 80503 Fax: (303) 532-3544 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. [SIGNATURES ON FOLLOWING PAGE] Page 9of13 92068906v1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First abode written - A TTVQT- APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney r f By: dkLG Z4L� Andrea Garcia -Miller Assistant City .Attorney RECOMMENDED FOR APPROVAL: 42E7 Atn dx Ti-nid,d IJW 21. 20M5 :1t PDT] Alex Trinidad, CPA Executive Director Finance anal Management Services Agency City Manager CONSULTANT: Chris Caddis CEO Palge 10 o f 13 #206890Gvi EXHIBIT A SCOPE OF SERVICES Revenue collection services for unpaid and delinquent accounts receivables will include: • Collection of miscellaneous delinquent accounts receivable items where customers have not paid for services or charges from the City (e.g. Third -Party Liability Billing, Business License Delinquent Accounts, Municipal Utility Services Delinquent Accounts, Dog License Delinquent Accounts, etc.). • Collection on delinquent Administrative Citations where members of the public have not paid for citation(s) issued due to a code violation within the City limits. • Administrative Citations and/or Unpaid City Taxes and Fees associated with Cannabis Accounts • Collection of delinquent paramedic and ambulance ground emergency medical transportation service charges. • Collection of other debts, charges, or monies owed to the City by members of the public and current or previous employees or officials of the City Required Scope of Services: I . Firm shall provide collection services for debts owed to the City for Delinquent Billing. 2. Firm shall designate a manager for the City's account who will be the City's primary contact with the Firm. 3. City and/or City's contracted third party vendor shall submit delinquent accounts for collection via email or electronic filing. Firm shall provide acknowledgement within five (5) business days of account placement. 4. City shall provide documentation to firm for each account, including name, any available customer information, last known address, account number, and balance due. 5. Firm shall make a minimum of two written or telephone contacts for each account (unless the account clears sooner) within forty-five (45) days of receipt of account. 6. Firm shall maintain complete records of each account referred by the City, including all correspondence, documents, account records, transactions and a detailed log of all collection efforts of actions. These records shall be retained for a minimum of three years after termination of collection actions on each account. 7. The firm shall provide a detailed action plan outlining its backup and disaster recovery procedures for servers containing debtor data, ensuring data integrity, security, and business continuity in the event of a disaster. 8. Firm shall provide to the City a monthly report on the status of each account including: account number, customer name, the amount received, the balance due and date of last payment, and the actions taken on the account. Firm should immediately advise the City of any account that is paid in full or deemed uncollectible. If an account is deemed uncollectible, information regarding this determination must be provided to the City. The firm is not entitled to collection fees after it determined that an account is uncollectible, regardless if payment is made to the City. 9. Firm shall provide to the City quarterly financial summary reports including totals for receipts, net accounts receivable, total accounts receivable, and collection percentage. Page 11 of 13 #2068906vl 10. Firm shall provide to the City an annual financial summary report as of June 30th (City's fiscal year end) including totals for receipts, net accounts receivable, total accounts receivable and collection percentage. This report should be submitted to the City no later than July 31 st of each year. 11. At any time, all records of the firm pertaining to the City shall be subject to inspection, review, or audit by City, State, or Federal officials, during the contract period and for seven years after the termination of the contract. 12. Firm shall guarantee the confidentiality, security and safety of all files, documents and information provided by the City, except as to disclosure required by federal and state laws and regulations. 13. Firm will exercise its best ethical, prudent, lawful, and professional efforts to secure collections on all accounts referred by the City. Collections activities shall comply with all federal, state and local laws, and applicable regulations including but not limited to the Federal Fair Debt Collection Practices Act. 14. Firm will process all customer payments in accordance with applicable Payment Card Industry (PCI) security requirements. 15. Firm shall be HIPPA (Health Insurance and Portability and Accountability Act of 1996) compliant and maintain compliance throughout the term of the contract. 16. In accordance with the Fair and Accurate Credit Transaction (FACT) Act, the firm must have an identity theft prevention program in place. 17. Firm shall report all uncollectible accounts to Experian. Reporting must be done in accordance with all federal, state and local laws, including but not limited to, the Fair Debt Collections Practices Act, the Federal Equal Credit Opportunity act, and the Consumer Credit Protection Act. Firm shall not report accounts to Experian until the firm has worked the account for 45 days. At the request of the City, the firm shall remove an account notification from Experian and provide a copy of that notification to the City. The City retains the right to recall any accounts assigned for collection without charge or penalty from the firm. Upon recall by the City, no further collection efforts on recalled accounts may be undertaken. If the account being recalled was reported to Experian, it is expected that the record be cleared from the customer's credit report and written confirmation provided to the City upon request. 18. Firm reporting shall comply in accordance with the Federal Fair Credit Reporting Act (FCRA) regulations which established two types of debt categories. 1) "Permissible Debt" such as, unpaid utility billings, unpaid paramedic billings, and any unpaid sums relating to City Services which were electively sought or contracted for from the City, and 2) "Prohibited Debt" such as, taxes, licensing and permit fees, towing & impound fess/costs, administrative code violations, and damage to City property. Permissible debts may continue to be reported to credit reporting agencies; prohibited debts may not. 19. Firm shall not assign or subcontract any portion of this agreement or transfer or assign any claim, pursuant to the contract, without the written consent of the City. 20. Firm shall make contacts with delinquent accounts under the name of the firm and not the City of Santa Ana. 21. Firm shall instruct consumers to submit payments to the firm and not to the City of Santa Ana except by written agreement by the City. The firm shall be notified of any payments made to the City of Santa Ana for accounts under collection with the firm. The firm will be entitled to collection fees only if notice was sent to the assigned accounts. The firm will not be entitled to collection fees if payment was submitted to the City and no work was yet done on the assigned accounts. 22. Firm shall collect and deposit payments from customers and on no later than the 20"' day of every Page 12 of 13 42068906v1 month following collection, submit an ACH deposit to the City for all monies collected in the previous month, less collection fees, along with a report including the account name and number, amount collected and collection fees. 23. Any compromise settlement of principal or charges shall be agreed upon in writing between the firm and the City prior to acceptance. 24. Firm may allow for time payment agreements (payment plans) and may enter into time payment agreements with consumers for any period less than one year without the consent of the City. Any time payment agreement extending beyond one year from the date of initiation of plan or any account owing more than $5,000 must be agreed upon in writing between the firm and the City prior to acceptance. 25. No legal actions shall be taken by the firm without express written consent of the City. 26. Firm shall be solely responsible for any and all costs incurred in and associated with the collection of debts referred to it by the City. 27. In the event of contract termination or the bankruptcy/dissolution of the firm, all accounts and documentation relating to City accounts shall be returned to the City, regardless of status or payment arrangements made with consumers. Page 13 of 13 #2068906vl Consultant Agreement —BC Services Collections - CA0_BCS (002) Final Audit Report 2025-07-21 Created: 2025-07-21 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAakeTXHJOKPYvuY73vkQFY8FbL5H-pxz8 "Consultant Agreement —BC Services Collections - CAa_BCS (0 02)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-07-21 - 5:24:04 PM GMT E Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-07-21 - 5:24:22 PM GMT _l Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-07-21 - 8:15:06 PM GMT f5'Q Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-07-21 - 9:11:53 PM GMT - Time Source: server Agreement completed. 2025-07-21 - 9:11:53 PM GMT a Adobe Acrobat Sign ACC>R®r CERTIFICATE OF LIABILITY INSURANCE F DATE(MMfDD1YYYY) 06/0612025 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 CIAI NAME: Collectors Insurance Agency, Inc. 3200 Courthouse Lane PHONE Ext : {952) 926-6547 'FAX No : (952) 928-3837 E-MAIL 5: eollectorsinsurance@acainternational.org INSURERS) AFFORDING COVERAGE NAIC # Eagan MN 55121 INSURERA: Nationwide Assurance Company 10723 INSURED INSURER B : Nationwide Mutual Insurance Company 23787 Be Services, Inc. INSURER C : 550 DISC Dr INSURER D : INSURER E Longmont CO 80503-9343 INSURERF: COVERAGES CERTIFICATE NUMBER: 10013709 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE PCLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUDL INSD sUHR WVD POLICY NUMBER POLICY EFF MM1DDlYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MARE � OCCUR EACH OCCURRENCE $ 1,000,000 'DAMArE TO RENTED PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person} $ 5.000 PERSONAL&ADVINJURY $ 1,000,000 A Y ACPBPO13140083377 03/2312025 03/23/2026 GEN'L AGGREGATE LIMIT APPLIESPER: POLICY LF7 JPECT 7LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)$ INCLUDED INGL BODILY l NJ URY(Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS ACPBP013140083377 03/23/2025 03/23/2026 BODILY INJURY (Per accident) $ HIRED v NON -OWNED AUTOS ONLY /� AUTOS ONLY v PROPERTY DAMAGE Per accident $ 5 x UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS MADE ACPCU013140083377 03/23/2025 0312312026 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERfEXECUTIVE OFFICERIM£MBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes. describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS be€ow DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) TLI Tra Il Digitally sign Tu Tran Ngu IT IS AGREED THAT CITY OF SANTAANA IS iiLUDED AS ADDITIONAL INSURED SOLELY AS THEIR INTERESTS MAY APPEAR IN ACCORDANCE ❑ate:2025.❑ WITH THE PROVISIONS OF THE POLICY FORM. Nguyen aBas:3o-ar APPROVED By Tu Tian Nguyen at 8,15 am, Jul 11, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTAANA ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 1988 I AUTHORIZED REPRESENTATIVE SANTAANA CA 92702 ' @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD PINNAA COL ASSURANCE Bonded Collection Service Inc P O Box1317 Longmont, CO 80502 ENDORSEMENT: Waiver Of Subrogation 7501 E. Lowry Blvd. Denver, CO 80230.7006 303.361,4000 J 800.873.7242 Pinnacol.com NGCI #: WC000313 Policy #: 516892 Crest Insurance Group of Colorado, 2000 S. Colorado Blvd, Suite 11100 Denver, CO 80222 (720) 667-1850 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE City of Santa Ana 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 Effective Date: July 10, 2025 Pinnacol Assurance has Issued this endorsement July 10, 2025 7501 E. Lew� Blvd Denver, CO 80230.7004 Page 1 of 3 P sherrf.schwelger@bcservlce.com - 07/1 WgD25 15:00:29 516W 85445352 UW 137 III MARKEL PROFESSIONAL LIABILITY EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY INSURANCE COVERAGE PART FOR INFORMATION TECHNOLOGY PROFESSIONALS In consideration of the premium paid, it is hereby understood and agreed that the following condition is added to Section XI — Other Conditions: Waiver Of Subrogation The Company waives any right of recovery it may have against any person or organization with whom the Named Insured has agreed, in a written contract executed prior to the commencement of operations, to waive such rights of recovery because of payments the Company makes for any Claim; however, this waiver will not apply to any Claims resulting from the sole negligence of such additional insured. All other terms and conditions remain unchanged. MEEO 5254 05 21 Page 1 of 1 BUSINESSOWNIERS PB 04 97 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO LDS This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Name Of Person Or Organization; CITY OF SANTA ANA, SEE NIL7000 In condition K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, under paragraph 2, Applicable to Businessowners Liability Coverage, the following paragraph is added; We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. PB 04 97 07 07 Includes copyrighted material of insurance Services Office, Ina., with Its permission. Page 1 of 1 BUSINESSOWNERS PB044811 14 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM A. The following is added to Section II. WHO IS AN INSURED: Any person or organization shown in the Schedule of this endorsement is also an insured, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the � performance of your ongoing operations or in connection with your premises owned by or rented to you. 01 HOWEVER: � 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 0 0 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance CDafforded to such additional insured will not be broader than that which you are required by the contract or 00 agreement to provide for such additional insured. � B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111. LIMITS OF INSURANCE AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. C. This insurance, including any duty we have to defend "suits", does not apply to: 1. "Bodily injury" or "property damage" that arises out of, in whole or in part, or is a result of, in whole or in part, the active negligence of the additional insured shown in the Schedule of this endorsement. 2. "Personal and advertising injury" that arises out of any independent "personal and advertising injury" offense committed by the additional insured shown in the Schedule of this endorsement. All terms and conditions of this policy apply unless modified by this endorsement z CD c m SCHEDULE a o Name Of Person Or Organization: -< CITY OF SANTA ANA, SEE NIL7000 z ca W 0 V 20 CIVIC CENTER PLAZA M 15 PO BOX 1988 SANTA ANA, CA 92702 PB 04 48 11 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 NIL 70000117 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, P130448, PB0497 NAME EXTENSION FOR CITY OF SANTA ANA Building Level Coverages Manuscript Number: EXTEND Premises Number: 001 Building Number: 001 Coverage Description: ACID BP01 3100083377CEty of Santa Ana, its City Council, officers, officials, employees, agents, and ,p volunteers."Attention: Finance & Management Services Agency 20 Civic Center Piaza (M-15) P.a, Box 1988 Santa Ana, California 92702 o% 0 0 a 0 ao 0 R•1t: z c m 0 0 0 7 F. 00 as a 4 NIL 70 00 0117 A`"R" CERTIFICATE OF LIABILITY INSURANCE 7TE (MM/DDNYYY) 03/16/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CIAI Collectors Insurance A Agency, Inc. 9 y PHONE FAX 952-928-8000 (A/C, No, Ext): (A/C, No): ADDRESS: collectorsinsurance@acainternational.org 3200 Courthouse Ln INSURER(S) AFFORDING COVERAGE NAIC # INSURERA : Nationwide Assurance Company 10723 Eagan MN 55121 INSURED INSURER B : Nationwide Mutual Insurance Company 23787 INSURER C : BC Services, Inc. INSURER D : 550 Disc Dr INSURER E : INSURER F : LONGMONT CO 805039343 COVERAGES CERTIFICATE NUMBER: 10013709 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A ACPBP013150083377 03/23/2026 03/23/2027 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ INCLUDED IN GL BODILY INJURY (Per person) $ ANY AUTO A AUUTOSS AOSCAUTOS HEDULED ACPBP013150083377 03/23/2026 03/23/2027 BODILY INJURY (Per accident) $ HIRED AUTOS X NON -OWNED AUTOS X (Per accident) $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE ACPCU013150083377 03/23/2026 03/23/2027 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER - STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) IT IS AGREED THAT CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED SOLELY ASTHElR INTERESTS MAY APPEAR IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY FORM. A WAIVER OF SUBROGATION APPLIES TO THE POLICY IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY FORM. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9:09 am, Mar 20, 2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M-15) AUTHORIZED REPRESENTATIVE P.O. BOX 1988 SANTA ANA CA 92702 J Lev c.l_fL/i �. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORDD TM CERTIFICATE OF LIABILITY INSURANCE /DD/YYYY) 01 /26/2 /26/26 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SHBG Insurance Services Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 4220 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Huntington, NY 11743 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A: Evanston Insurance Company 35378 BC Services Inc. INSURERB: Cowbell 17372 550 Disc Drive INSURER C: Longmont, CO 80503 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'L POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ CLAIMS MADE1:1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC ORSTY LIMIT TORMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A OTHER E&O MKLV1PE0004312 02/01/26 02/01/27 E&OLimits:5,000,000perclaim $5,000,000 aggregate B Cyber Liability PLM-CB-S65026ONB-002 02/01/26 02/01/27 Cyber Liability Limits: $5,000,000 aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Coverage is in full force and effect and strictly subject to the terms, conditions, and exclusions of the policy. City of Santa Ana listed as Additional Insured by written contract. Waiver of Subrogation applies to City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers by written contract. APPROVED By Tu Tran Nguyen at 9:09 am, Mar 20, 2026 Lya711aLy_\INo:Lei 49MIN Lh_11i Cy a 4Ill I Lei ki SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Attention: Finance & Management Services Agency NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 Civic Center Plaza (M-15) P.O. Box 1988 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Santa Ana, California 92702 AUTHORIZED REPRESENTATIVE wit AeAhnia ACORD 25 (2001/08) © ACORD CORPORATION 1988 Ln �o Ln Co ti 0 0 0 0 0 0 rn Ln 01 M I s W T 0 co 0 o W W V V :, co co 0 V BUSINESSOWNERS PB 04 48 11 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM A. The following is added to Section II. WHO IS AN INSURED: Any person or organization shown in the Schedule of this endorsement is also an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. 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 or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III. LIMITS OF INSURANCE AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. C. This insurance, including any duty we have to defend "suits", does not apply to: 1. "Bodily injury" or "property damage" that arises out of, in whole or in part, or is a result of, in whole or in part, the active negligence of the additional insured shown in the Schedule of this endorsement. 2. "Personal and advertising injury" that arises out of any independent "personal and advertising injury" offense committed by the additional insured shown in the Schedule of this endorsement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA, SEE NIL7000 20 CIVIC CENTER PLAZA M 15 PO BOX 1988 SANTA ANA, CA 92702 PB 04 48 11 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 BUSINESSOWNERS PB 04 97 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA, SEE NIL7000 In condition K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, under paragraph 2. Applicable to Businessowners Liability Coverage, the following paragraph is added: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. PB 04 97 07 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 NIL 70000117 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. P130448, PB0497 NAME EXTENSION FOR CITY OF SANTA ANA Building Level Coverages Manuscript Number: EXTEND Premises Number: 001 Building Number: 001 Coverage Description: ACP BP01 3100083377 City of Santa Ana , its City Council, officers, officials, employees, agents, and o, vol unteers."Attention: Finance & Management Services Agency 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa VQ Ana, California 92702 Ln 00 ti 0 0 0 0 0 0 M 01 EM EM S n. 0 1a cn 0 0 00 w ca co M 0 NIL 70000117 BUSINESSOWNERS PB 60 72 06 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO OTHER INSURANCE CLAUSE FOR ADDITIONAL INSUREDS - PRIMARY AND NOW CONTRIBUTORY WHEN REQUIRED IN A WRITTEN AGREEMENT OR CONTRACT WITH YOU This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS Only with respect to any additional insured, in the COMMON POLICY CONDITIONS, form PB 00 09, under condition H. OTHER INSURANCE, paragraph 2.a. is replaced by the following: H. OTHER INSURANCE 2. Under any liability coverage provided by this policy, a. If other valid and collectible insurance is available to the additional insured for a loss we cover under another liability policy, our obligations are limited as follows: (1) Issued by another insurer, or if there is self insurance or similar risk retention that applies to a loss covered by this policy, then this insurance provided by us shall be excess over such other insurance, unless you have agreed in a written contract or written agreement signed prior to the loss that this insurance shall be primary: (a) Then this insurance is primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; and (b) The coverage afforded by this insurance is non-contributory with the additional insured's own insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured to any other person or organization's policy; or (2) Issued by us or any of our affiliate companies, that applies to a loss covered by this policy, then only the highest applicable Limit of Insurance shall apply to such loss. This condition does not apply to any policy issued by us that is designed to provide Excess or Umbrella liability insurance. All terms and conditions of this policy apply unless modified by this endorsement. PB 60 72 06 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1