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HomeMy WebLinkAboutHORVITZ & LEVY LLP INSURANCE NOT ON FILE WORK MAY NOT PROCEED A-2026-017 CITY CLERK DATE:MAR 0 4 2026 o!C+io (a) LEGAL SERVICES AGREEMENT WITH UawidtIVWM0 HORVITZ& LEVY LLP This AGREEMENT, made and entered into this 17th day of February, 2026 by and between Horvitz&Levy, LLP,a California limited liability partnership("Attorneys"),and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RECITALS A. The City of Santa Ana and the City Attorney's Office City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of legal services to the City, for appellate and litigation related matters by a firm with specialized expertise. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerting general liability,personnel and police matters, and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigation filed against the City, for general advice and legal review on a case-by-case basis when urgent matters arise in relation to appellate and litigation related services to defend the City, its employees and its officials. Attorneys accept said retention and agree to perform,in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services,Partners will be billed at the rate of$850 an hour for all Partners and$625 an hour for all Associates. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed $275,000 including any extension periods defined in Section 6, below. City shall compensate Attorneys for any services provided since January 28, 2026. C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. i. In-house printing,copying,and reproduction charges will be reimbursed at the rate of 20 cents per page. ii. The City will not reimburse Attorneys for Lexis,Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment and if pre-approved in writing by the City Attorney. iii. The City will not reimburse Attorneys for ordinary document management systems,used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. iv. Attorneys agree to directly pay for vendors,consultants,or experts,and then seek reimbursement from the City. V. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants. vi. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. vii. Any costs in excess of$5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation(i.e. receipts,invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. City will not pay interest on unpaid monthly statements. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: 6. TERM The term of this Agreement shall commence on the date first written above and terminate on February 16, 2028 unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney. z 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder,Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of insurance prior to undettaking performance of work under this Agreement,Attorneys shall maintain and shall require its subcontractors, if any,to obtain and maintain insurance as described below: a. 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$2,000,000 per occurrence, If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO CC 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9(non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant does not use an automobile to perform services) c. Workers' Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. d. Professional Liability (Errors and Omissions): Insurance appropriates to the Consultant's profession,with limit no less than$2,000,000 per occurrence or claim, $2,000,000 aggregate. If Attorneys maintain broader coverage and/or higher limits than the minimums shown above,the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. e. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions: i. Additional Insured Status to include The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy. ii. Primary Coverage - For any claims related to this contract, Attorneys' insurance coverage shall be primary coverage as to the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City of Santa Ana, its officers, officials, 3 employees, or volunteers shall be excess of Attorneys' insurance and shall not contribute with it. iii. Notice of Cancellation-Attorneys agree to provide 30 days advance written notice to the City before cancelling or changing coverage by their insurance broker. f. Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to subrogation, which any insurer of said Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. g. Self-Insured Retentions - Self-insured retentions must be declared to and approved by the City.The City may require the Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. h. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.Best's rating of no less than A,VII, unless otherwise acceptable to the City. i. Claims Made Policies-If any of the required policies provide coverage on a claims- made basis; i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5)years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Attorneys must purchase "extended reporting" coverage for a minimum of five (5)years after completion of contract work. j. Verification of Coverage — Attorneys shall furnish the City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Attorney's obligation to provide them.Thc City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 4 k. Subcontractors - Attorneys shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Attorneys shall ensure that City is an additional insured on insurance required from subcontractors. 1. 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 9. INDEMNIFICATION Attorneys agree to and shall Indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution,judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys` retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY-WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests,direct or indirect,that would conflict in any manner with performance of services specified under this Agreement, 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702-1988 5 Facsimile(714) 647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile(714) 647-6515 To Attorneys: Horvitz &Levy, LLP Attn: Justin Sarno, Partner 3601 W. Olive Ave., 8'Floor Burbank, CA 91505 A party may change its address by giving notice in writing to the other party. Thereafter, any notice,tender,demand,delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail,communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine,addressed as set forth above, For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind. or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements,orally or otherwise,have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15, TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. Asa condition of such payment, 6 Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in the Actions. 16. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion,sex,marital status,sexual orientation,gender identity,gender expression,gender,medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training,utilization,promotion, termination or other employment related activities or any services provided under this Agreement.Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully,including reasonable costs and attomey's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 19. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 20, NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 7 ATTEST: CITY OF S TA L nnifer all f' lvaro Nunez City Cle City Manager APPROVED AS TO FORM: HORVITZ &LEVY LLP SONIA R. CARVALHO City Attorney By: zc I 1 Satyfra M. Flores Rlstln Sa o Chief Assistant City Attorney s DATE(MM/DDNYYY) AFRO CERTIFICATE OF LIABILITY INSURANCE I 03/10/2026 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 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 w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AOn Risk services Northeast, Inc. -NAME: PHONE FAX i New York NY Office (A/C.No.Ext): (866) 283-7122 (A/C.No.): (800) 363-0105 y One Liberty Plaza E-MAIL 0 165 Broadway, suite 3201 ADDRESS: _ New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Vigilant Ins CO 20397 Horvitz & Levy LLP INSURERB: Federal Insurance Company 20281 Business Arts Plaza 3601 W. Olive Ave., 8th Fl. INSURERC: Chubb Indemnity Insurance CO. 12777 Burbank CA 91505 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 57011 841 91 60 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INS WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 35767164 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR commercial Package Policy DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 0 GEN'LAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $2,000,000 rn POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 0000 OTHER. o B AUTOMOBILE LIABILITY Y (25)7499-25-98 09/27/2025 09/27/2026 COMBINED SINGLE LIMIT Ea accident) $1,000,000 Business Auto Coverage •• ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS HIREDAUTOS X NON-OWNED PROPERTY DAMAGE V XONLY AUTOS ONLY (Per accident)Jw L d B X UMBRELLALIAB X CLAIMS-MADE OCCUR 79781939 09/27/2025 09/27/2026 EACH OCCURRENCE $1,000,000 EXCESS LABU umbrella Liability AGGREGATE $1,000,000 DED RETENTION C WORKERS COMPENSATION AND y 71777133 09/27/2025 09/27/2026 X I PERSTATUTE I JOTH- EMPLOYERS'LIABILITY ER Y/N Workers Compensation - ch ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below IrAPPROVED E.L.DISEASE-POLICY LIMIT $1,000,000 By Tu Tran Nguyen at 11:09 am,Mar 25,2026 - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) city of Santa Ana, its city council, officers, officials, employees, agents, and volunteers are added as Additional Insured as respects to the General Liability as required by written contract. General Liability is primary and non-contributory to other insurance available to the certificate holder, but only to the extent required by written contract with the insured. A waiver of subrogation in favor of Additional Insured as respects the General Liability, Auto Liability and Workers CERTIFICATE HOLDER CANCELLATION 0 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 AUTHORIZED REPRESENTATIVE Attention: city Attorney's Office 20 civic Center Plaza, M-29 a �� � d'�� Santa Ana CA 92701 USA c(J�/ ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD One Liberty Plaza,165 Broadway,Suite 3201 t+1 212 441 1000 AON New York,NY 10006,U.S.A. f+1 212 441 1953953 Mailing Address: aon.com/professional-services Aon-MSC#17837,P.O.Box 6718 Somerset,NJ 08875,U.S.A. Summary of Insurance Contract APPROVED Re: Horvitz& Levy LLP By Tu Tran Nguyen at 11:10 am,Mar 25,2026 3601 West Olive Avenue, 8th Floor Burbank, CA 91505 The undersigned hereby verifies that MS Transverse Specialty Insurance Company and Various Insurance Companies have issued the following described insurance, each for their own part and not one for the other, and which is in force as of the date hereof: Type of Insurance: Professional Indemnity Insurance Assured: Horvitz & Levy LLP and others, as more fully described in the Policy Wording. 3601 West Olive Avenue, 8th Floor Burbank, CA 91505 Policy No.: MSTLPL-00418 Insurer(s): MS Transverse Specialty Insurance Company and Various Insurance Companies Period: 12:01 a.m. March 11, 2026 to 12:01 a.m. March 11, 2027 Total Limits: $30,000,000 Each and Every Claim / $60,000,000 Aggregate Geographical Worldwide Limitations: Subject to the terms, conditions, exclusions and limitations of the Policy(ies). This insurance document is furnished to you as a matter of information for your convenience. It only summarizes the listed policy(ies) and is not intended to reflect all the terms and conditions or exclusions of such policy(ies). Moreover, the information contained in this document reflects coverage as of the edition date and does not reflect subsequent changes. This document is not an insurance policy and does not amend, alter or extend the coverage afforded by the listed policy(ies). The insurance afforded by the listed policy(ies) is subject to all the terms, exclusions and conditions of such policy(ies). Date: March 11, 2026 Aon Risk Services Northeast, Inc. Aon Risk Services Northeast,Inc. Page 1 of 1 AGENCY CUSTOMER ID: 570000055478 LOC#: ,4�o ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. Horvitz & Levy LLP POLICY NUMBER See Certificate Number: 570118419160 CARRIER 7�1 see Certificate Number: 570118419160 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: compensation applies pursuant to a written contract. umbrella is a follow form policy and sits over underlying General Liability, Auto Liability and Employers' Liability policies. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 Attention: City Attorney's Office 20 Civic Center Plaza, M-29 Santa Ana CA 92701 USA Entities: City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers For policies or exposure in Missouri: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-10-26 Policy No. 71777133 Endorsement No. 002 Insured HORVITZ AND LEVY LLP Premium $ Incl . Insurance Company Chubb Indemnity Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance. Producer Copy C H U B B° Liability Insurance Endorsement Policy Period SEPTEMBER 27,2025 TO SEPTEMBER 27,2026 Effective Date MARCH 10,2026 Policy Number 3576-71-64 EUC Insured HORVITZ AND LEVY LLP Name of Company VIGILANT INSURANCE COMPANY Date Issued MARCH 17,2026 This Endorsement applies to the following forms: GENERAL LIABILITY Under Conditions,Transfer Or Waiver Of Rights Of Recovery Against Others,the following provision is added: Conditions Transfer Or Waiver Of However,we waive any right of recovery we may have against the designated person or organization Rights Of Recovery shown below because of payments we make for injury or damage arising out of your ongoing Against Others operations or done under a contract with that person or organization and included in the products-completed operations hazard.This waiver applies to the designated person or organization. Designated Person Or Organization PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED,PURSUANT TO A CONTRACT OR AGREEMENT,TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY. ATTENTION:CITY ATTORNEY'S OFFICE 20 CIVIC CENTER PLAZA,M-29 SANTA ANA,CA 92701 USA CITY OF SANTA ANA ATTENTION:CITY ATTORNEY'S OFFICE 20 CIVIC CENTER PLAZA,M-29 SANTA ANA CA 92701 USA ENTITIES:CITY OF SANTA ANA,ITS CITY COUNCIL,OFFICERS, OFFICIALS,EMPLOYEES,AGENTS,AND VOLUNTEERS Liability Insurance Condition-Waiver Of Transfer Of Rights Of Recovery continued Form 80-02-2362(Rev.4-01) Endorsement Page 1 Liability Endorsement (continued) All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Condition-Waiver Of Transfer Of Rights Of Recovery last page Form 80-02-2362(Rev.4-01) Endorsement Page 2 C H U B B° Liability Insurance Endorsement Policy Period SEPTEMBER 27,2025 TO SEPTEMBER 27,2026 Effective Date MARCH 10,2026 Policy Number 3576-71-64 EUC Insured HORVITZ AND LEVY LLP Name of Company VIGILANT INSURANCE COMPANY Date Issued MARCH 17,2026 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However,the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a contract or agreement.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. Liability Insurance Additional Insured-Scheduled Person Or Organization continued Form 80-02-2367(Rev.5-07) Endorsement Page 1 CHUBB° Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule CITY OF SANTA ANA ATTENTION:CITY ATTORNEY'S OFFICE 20 CIVIC CENTER PLAZA,M-29 SANTA ANA CA 92701 USA ENTITIES:CITY OF SANTA ANA,ITS CITY COUNCIL,OFFICERS, OFFICIALS,EMPLOYEES,AGENTS,AND VOLUNTEERS All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured-Scheduled Person Or Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2 POLICYNUMBER: (25) 7499-25-98 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ATTENTION: CITY ATTORNEY' S OFFICE 20 CIVIC CENTER PLAZA, M-29 SANTA ANA CA 92701 USA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Nguyen, Tu Tran From: Chandler, Brandon Sent: Wednesday, March 25, 2026 10:46 AM To: RM D Subject: RE: Ramirez v. City of Santa Ana - Request for COI Review- Horvitz & Levy - ADDITIONAL Docs Attached It's not our preference, but we can go ahead and accept this because it was issued from their insurance broker and contains our required provisions. Thank you. Brandon Chandler I Risk Manager City of Santa Ana - Human Resources Department n 20 Civic Center Plaza Santa Ana, CA 92701 Office: 714-647-5472 Work Mobile: 714-451-6620 Email: bchandlerCaD-santa-ana.org I santa-ana.org/human-resources Linkedln I nstagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From: RMD<rmd@santa-ana.org> Sent:Wednesday, March 25, 2026 9:54 AM To: Chandler, Brandon <bchandler@santa-ana.org> Subject: FW: Ramirez v. City of Santa Ana - Request for COI Review - Horvitz& Levy-ADDITIONAL Docs Attached Hi Brandon, A contractor provided the attached evidence of Professional Liability insurance coverage. Are we able to accept a Summary of Insurance Contract in place of the COI or do we request a COI evidencing the Professional Liability since the City will be listed as the Certificate Holder? Kind regards, i Tu Tran Nguyen I Risk Management Technician City of Santa Ana - Human Resources Department n 1 20 Civic Center Plaza I Santa Ana, CA 92701 . Office: 714-647-5141 . wirz'm Email: TNguyen20(aD-santa-ana.orq I santa-ana.orq/human-resources Linkedln I nstagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From:Justin R. Sarno<isarno@horvitzlevy.com> Sent:Wednesday, March 25, 2026 9:45 AM To: RMD<rmd@santa-ana.org>; Plotnik, Elizabeth <EPlotnik@santa-ana.org> Cc: Quintana, David <DQuintana@santa-ana.org>; Flores, Sandra <sflores@santa-ana.org>; H.Thomas Watson <htwatson@horvitzlevy.com>; Bonita J. Paul <bpaul@horvitzlevy.com> Subject: RE: Ramirez v. City of Santa Ana - Request for COI Review - Horvitz& Levy-ADDITIONAL Docs Attached Attention:This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Good Morning, Please see attached additional documents. Please let us know if these resolve the outstanding issues. Thanks, Justin. Justin R. Sarno jsarno@horvitzlevy.com H RVIT � LEVY Horvitz& Levy LLP Business Arts Plaza 3601 W. Olive Ave., 8th FI. Burbank, CA 91505 818.995.0800 horvitzlevy.com From: RMD<rmd@santa-ana.org> Sent: Monday, March 23, 2026 10:39 AM To:Justin R. Sarno<isarno@horvitzlevy.com>; Plotnik, Elizabeth <EPlotnik@santa-ana.org> Cc: Quintana, David <DQuintana@santa-ana.org>; Flores, Sandra <sflores@santa-ana.org>; H.Thomas Watson <htwatson@horvitzlevy.com> Subject: RE: Ramirez v. City of Santa Ana - Request for COI Review - Horvitz& Levy- Docs Attached 2