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HomeMy WebLinkAboutAEF SYSTEMS CONSULTING, INC. (5) INSURANCE UN FILE WORK MAY PROCEED UNTtt INSURIANV F EpPW N-2025-222 09 CITY CLERX DIIE-SEP 0 5 2025 o:PRGSA (d?) AGREEMENT WITH AEF SYSTEMS CONSULTING TO PROVIDE Ma.y Long (oz) TECHNOLOGICAL CONSULTING FOR THE SANTA ANA ZOO TICKETING,SOFTWARE SYSTEMS THIS AGREEMENT is made and entered into on this 25th day of August, 2025 by and between AEF Systems Consulting, Inc., a California Corporation, ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of technology consulting for the Santa Anna City Zoo ticketing software. B. Consultant represents that it is able and willing to provide such services to the City. 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 in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay.. and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. The total amount to be expended during the term of this Agreement shall not exceed $24,300.00. b. City shall recognize and compensate Consultant for services provided beginning July 1, 2025. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of 8 deposit payments directly into Consultant's 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. 3. TERM This Agreement shall continence on the date first written above and terminate on.tune 30, 2026,unless terminated earlier in accordance with Section 17, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during .the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services.Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance Requirements are attached hereto and incorporated herein as Exhibit C. 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 Page 2 of 8 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 I of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify,hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness;or-willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained.in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement; Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also Page 3 of 8 i 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 full written disclosure of such facts to the City. Full 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 subsections (b)and(c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race,color,creed, religion, sex,marital status, Page 4 of 8 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 betwcen 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 8 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, Parks, Recreation, & Community Services Agency City of Santa Ana 20 Civic Center Plaza(M-23) Page 6 of 8 P.O. Box. 1988 Santa Ana, California 92702 To Consultant; Annette Feliciani President AEF Systems Consulting, Inc. 78590 Sunrise Mountain VW Palm Desert, CA 92211 A party:may change its address by giving notice in writing to the other party. Thereafter, any cominunication shall be addressed and transmitted to the now 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'tweniy-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 fraines, 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, hold by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 7 of 8 SIGNATURE PAGE TO AGREEMENT WITH AEF SYSTEMS CONSULTING TO PROVIDE TECHNOLOGICAL CONSULTING FOR THE SANTA ANA ZOO TICKETING SOFTWARE SYSTEMS IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST; CITY OF S TA ANA nnifer all Alvaro Nunez City Cler City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney _ F By onatban T. Martine Annette Feliciani Assistant City Attorney President RECOMMENDED FOR APPROVAL: 4 Hawk Scott Executive Director Parks, Recreation, and Community Services Agency Page 8 of 8 EXHIBIT A SCOPE OF SERVICES The Santa.Ana Zoo is in the process of implementing the Centarn.an software system and has just rolled out the first Phase of the project: online ticketing. You have asked AEF to continue to participate in the implementation of other phases. These phases are anticipated to be the following: PHASE PROCESS la Online City ticket admissions. I Online City group reservations. 2 Online FOSAZ donations. 3 Online FOSAZ memberships. 4 Admission tickets on City POS. 5 Online Special events and rentals. 6 Free passes administered by FOSAZ at City POS. 7 Online FOSAZ ride tickets. 8 FOSAZ ride tickets on City POS. 9 Memberships, donations and ride tickets on FOSAZ POS 1.0 Gift cards and group payments on City POS. I 1 Gift Shop sales on FOSAZ POS. In support of this work, AEF would continue to perform the following activities: ■ Manage key project activities to ensure both the vendor as well as Santa Ana Zoo staff are performing required activities. ■ Participate with the Santa Ana Zoo team members in learning the capabilities of the new software and how to best implerncnt the features to meet internal needs. ■ Review key deliverables and coordinate all revisions required, ■ Participate in key design meetings with Santa Ana Zoo staff and the software vendor. ■ . Review and assist in resolving any key issues that might arise throughout the project for items such as working with Treasury on financial integration issues. ■ Test the new system as necessary to support the Santa Ana Zoo team. ■ Document key features for staff training. ■ Participate in the rollout:to the public of the new features of the software that impact them(e.g., online ticketing,mobile app and kiosk use) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable While the updated timelines for these phases have not been determined, it is expected to continue well into the next fiscal year.AEF anticipates that will require approximately 135 hours for the project,which, at $180 per hour, will result in a professional fee of$24,300.00. The SANTA AN ZOO will only be billed for the actual hours incurred during the work and will not be billed for any more than$24,300.00 without express permission from the Santa Ana Zoo. AEF will bill monthly for the hours incurred during that period.No expenses are anticipated during the project. EXHIBIT C Insurance Requirements 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. Workers'Compensation:as required by the State of California,with Statutory Limits,and Employer's Liability Insurance with lirnit•of.no.less than $1,000,000 per accident,.pol icy or employee,for bodily injury.or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance: 2. Professional Lialaility 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 Co.nsultant's Professional Liability policies,with respect to any liability arising out of work or operations performed by or on behalf of the Consultant, its employees,sub-contractors, representatives, and agents. 2. Consultant's Insurance company(les) 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 required herein,which arise from work performed by Consultant, its employees,sub-contractors, representatives,and agents under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council,,its officers, officials, employees, agents, or volunteers shall not contribute with it: 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's in 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 h'e'rein 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 Molder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreation&Community Services Agency, 20 Civic Center Plaza M-23,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 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 ANII,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 anytime, 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. .a`oRo® CERTIFICATE OF LIABILITY INSURANCE DATE 5/28/2025 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 pc icy(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(sJ. PRODUCER CONTACT NAME: Client Service Team Arthur J. Gallagher Risk Management Services, LLC PHONE 833-391-6524 FAX No):725-735-3800 18201 Von Karman Ave, Suite 200 E-MAIL Irvine CA 92612 ADDRESS: select certificates a' .com INSURERS AFFORDING COVERAGE NAIC License#:ODS9293 INSURERA:Continental Casualty Company 20443 INSURED - AEFSYST-01 INSURER B:Hanover American Insurance Company 36064 AEF Systems Consulting, Inc. INSURERC:Philadelphia Indemnity Insurance Company 18058 78690 Sunrise Mountain VW Palm Desert CA 92211 INSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:927027247 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR - TYPE OF INSURANCE POLICY NUMBER MMfDD1YYYY MMIODIYYYY A X COMMERCIAL GENERALLIABILITY Y Y 6045340517 a12312024 8123/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE L OCCUR PREMISES Ea occurrence) S 1,00o,0o0 MED EXP(Any one person) $10.000 PERSONAL&ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMPIOP AGG $2.,000,000 OTHER' S A AUTOMOBILE LIABILITY 6045340517 8123/2024 8/2312025 COMBIcidentNED SINGLE LIMIT $1,000,000 Ea ac IX ANY AUTO - BODILY INJURY(Per person) $ OWNED SCHEDULED_ BODILY INJURY(Per accident) S AUTOS ONLY AUTO$ HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident S A X UMBRELLA LIAB X OCCUR 604534052D Bf2312024 8123/2025 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 ❑ED I X RETENTION 5 _ $ 8 WORKERS COMPENSATION Y .WZCH413981 211/2025 211/2026 X P STEATUTE R R R EE AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOPJPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED' N I A (Mandatory in NHl E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000,000 A Employment Practices Liability 6045340517 8/2312024 8123/2025 Limit $10,000 C Professlonal Liability PHSD1810372 9/9/2024 9/9/2025 Each Claimf Aggregate $1M 1$2M Deductible $2,5o0 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are included as Additional Insured as respects General Liability policy, pursuant to and subject to the policy's terms,definitions,conditions and exclusions.The insurance provided in the General Liability policy is primary and any other insurance shall be excess only,and not contributing.Waiver of Subrogation applies to Additional Insured as respects to General Liability and Workers Compensation policies,pursuant to and subject to the policy's terms,definitions,conditions and exclusions Tu Tran Digitally signed by Tran Nguyen D APPROVED Date:2025,05.28 Nguyen 12 27 33-07 00• By Tu Tran Nguyen at 12:27 pry),May 28,2025 CERTIFICATE HOLDER CANCELLATION 30 Days;10 Days Nonpayment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana, Parks, Recreation and Community ACCORDANCE WITH THE POLICY PROVISIONS. Services 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 > United States ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i. L� .,.n ,. ., ° ,.,.,ti........ POLICY NUMBER INSURED NAME AND ADDRESS 8 6045340517 AEF SYSTEMS CONSULTING INC 78590 SUNRISE MOUNTAIN VW PALM DESERT, CA 92211-2402 ADDITIONAL INTEREST SCHEDULE LOCATION 1 BUILDING 1 Type: Notice of Cancellation or.Material Coverage Change Additional interest Name and Address3 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA 4TH FLOOD SANTA ANA , CA .92702 LOSS .PAYEE SCHEDULE All loss payees as their interests may appear in the Covered Property+., The following provisions apply. in accordance with the. insurable interest of the loss- payee: Loss Payee Description of Property: .Any Covered Property in which a loss payee, creditor or lender. holds an interest, including any person or organizaton 'you have entered a contract with for the sale of Covered Property INSURED Page 4 of 6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the rightto recover our payments from anyone liable for an injurycovered by this policy.We will not enforce our right againstthe person ororganization named in the Schedule.(This agreementapplies onlyto the extent that you perform work undera written contractthat requires you to obtain this agreementfrom us.) You must maintain payroll records accuratelysegregating the remuneration ofyour employees while engaged in the work described in the Schedule. The additional premium for this endorsements halI be 6%a of the CaIiforniaworkers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description CITY OF SANTA ANA ATTN PRCSA ZOO CITY OF SANTA ANA, ITS 1801 EAST CHESTNUT AVE OFFICERS, OFFICIALS, SANTA ANA EMPLOYEES, AND VOLUNTEERS CA92701 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information belowis required onlywhenthis endorsement is issued subsequentto preparation of the policy.) Endorsement Effective Policy No. WZC H413981 Endorsement No. 03 Insured Insurance Company Countersigned By WC 04 03 06(Ed 04-84) ILN0180122 CALIFORNIA FRAUD STATEMENT For your protection, California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement In state prison. IL N 018 0122 0 insurance Services Office, Inc.,2021 Page 1 of 1 POLICY CHANGE DOCUMENT POLICY NO.: PHSD1810372-023 Philadelphia Indemnity Insurance Companyl 4041 Arthur J. Gallagher Risk Manager Service NAMED INSURED AEF SYSTEMS CONSULTING, INC. MAILING ADDRESS 78590 Sunrise Mountain Vw Palm Desert, CA 92211-2402 POLICY PERIOD: FROM 09/09/2024 TO 09/09/2025 at 12:01 A.M. Standard Time at your mailing address shown above. CHANGE EFFECTIVE 03/14/2025 CHANGE# 3 REVISION # 3 DESCRIPTION In consideration of the premium reflected,the policy is amended as indicated below: PI-PLSP-180 (09/11) ADDITIONAL INSURED ENDORSEMENT (VICARIOUS LIABILITY) is added to the policy. Path ID 18506521 Total Annual Total Prorate Additional/Return Premium $ 0.00 Additional/Return Premium$ 0.00 NO CHANGE NO CHANGE COUNTERSIGNED BY (Date) (Authorized Representative) 05/22/2025 Issue Date Insured Copy Page 1 of I PI-PLSP-180 (09/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT (VICARIOUS LIABILITY) This endorsement modifies and is subject to the insurance provided under the following: COVER-PROEM The policy is amended as follows: SCHEDULE Person/Entity: City of Santa Ana, City of Santa Ana, its officers, officials, employees, and volunteers. 1601 East Chestnut Ave, Santa Ana, CA 92701 Insured shall include the person(s yentity(ies) named in the endorsement SCHEDULE, but only for the wrongful acts of the named entity or any subsidiaries. With regard to the person(s)lentity(ies) listed in the endorsement SCHEDULE, we and you agree to waive rights of recovery, as provided within the policy. All other terms of the policy remain unchanged. Page 1 of 1