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Home My WebLink AboutPENNCREDIT- 2014INSURANCE ON FILE WORK MAY PROCKO A UNTILINSWNC EXRI N 1i �-(� L CLERK 01111111 r DATE: k f - -10 ' I "f CONSULTANT AGREEMENT Z� THIS AGi1EENIENT, made and entered into this 17th day of Tune, 2014 by and d between PennCredit, a California corporation (hereinafter "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 (hereinafter "City "). J RECITALS X The City desires to retain a consultant having special skill and knowledge in the field of debt collection, 4 B. Consultant represents that Consultant is able and willing to provide such services to the City. C, In undertaking the perfonnance 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 incompliance with such standards as may reasonably be expected from a professional consulting firm in the field, NOW 'T'HEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows. T. SCOPE OF SERVICES A, Consultant Responsibilities. Consultant shall provide collection services zn conn€ction with -or miscellaneous accounts receivable billings assigned by City; as set forth in Consultant's Proposal dated March 28, 2014, on file in the Santa Ana Purchasing Division. In performing said services, Consultant shall: 1. Make concerted efforts on behalf of the City to collect all past due accounts assigned to Consultant. 2. Provide services on a contingency basis and retain commission on all ironies collected on assigned accounts, whether paid to City or Consultant, at the following; rates: (i) For all accounts receivable initially placed for collection within 7 months of delinquency: a. 17% for accounts placed for standard collection; b. 22 % for accounts placed for collection subject to the Franchise Tax Board's Interagency Collection Program (for which Consultant must locate Social Security Numbers); and, c. 33 %4 for accounts requiring legal action. (ii) For all accounts receivable initially placed for collection after 7 months of delinquency: A- 2014 -148 a. 19% for accounts placed for standard collection; b. 24% for accounts placed for collection subject to the Franchise Tax Board's Interagency Collection Program (for which Consultant must locate Social Security plumbers); and, c. 35% for accounts requiring legal action, 3. Collect any interest accruing from the date of assignment; if allowed by law. 4. Obtain prior approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 6. Retain from first monies collected on a legal account; its advanced costs, 7. Remit to City all monies, less commission, by the 201s day of the month following collection. 8. Provide written acknowledgment of account received from City. 9. Mail first notice to debtor within 24 hours of receipt of placement. 10. Provide City with monthly reports summarizing the activity or all accounts assigned to Consultant, including: a. Total dollar value assigned b. Total dollar value collected c. Percentage collected on total dollar value assigned d. Number of account assigned e. .dumber of accounts on which payments received f. Number of payments received as a percentage of number of accounts assigned. 11. Allow City to cancel an assigned account at any time for a mistake or an error in assigmnent. 12. Allow City to audit an assigned account at any time. 13. Maintain a valid Collection License and bonding as required by the State of California, Bureau of Collection and Investigative Services. 14. Provide suggestions on methods to improve collection rates on an ongoing basis. B. City Responsibilities: I . Use reasonable care to assign bonafide miscellaneous accounts receivable claims to Consultam. 2. Use best efforts to verify any disputed amount. 3. Warrant the accounts assigned to Consultant are first placements (no collection agency has attempted to contact the debtor by letter service or otherwise) and understands the commission rates herein are based on this representation. 2. COMPENSATION a. Consultant shall retain commission on all monies collected on assigned accounts as set forth in Section 1 above "SCOPE OF SERVICES ". This Agreement shall commence on July 1, 2014 and terminate on June 30, 2017, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor 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, rinemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Q. Professional Liability (Errors & Omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material respect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right,, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury; damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City; 0 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the mariner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 Copy to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M -17) P.R. Box 1988 Santa Ana, California 92702 Facsimile (714) 647.5414 and 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 Consultant: PennCredit 916 South 14'' St. Harrisburg, Pennsylvania 17104 Facsimile (717) 238 -1370 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 facsimile, 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. 10. 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 attaclunents hereto, the terns 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 terns 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any pasty, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. Notlring in this Agreement shall be construed to limit the City's ability to have any of the services which are the subj ect to this Agreement performed by City personnel or by other consultants retained by City. 12, TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. Upon termination, the Executive Director of Finance and Management Services may require Consultant to deliver to the City all work product 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow 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) 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA: MARIA D. HUIGAR i DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney VIPf W.l FEIN # 23- 2470030 PENNC -2 OP ID: AR ``11%.°- °ro CERTIFICATE OF LIABILITY INSURANCE DATE 111242014Y, 11!2412014 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 E. K. McConkey & Co„ Inc. Phone: 717. 755 -9266 2555 Kingston Rd., Suite 100 FaX:717- 755.9237 York, PA 17402 CONTACT NAME: Amancla Sides AM o Eae.717. 506.3130 iR c, Nat; 71 T- 755.5237 EMAIL ADOREss: as asides@ekmcconkey.com AFFORDING COVERAGE NAIC If GENERAL LIABILITY NSURERA:CincinnatiInsurance Company 10677 1,000,00 INSURED Penn Credit Corporation 916 S 14th Street PO Box 988 Harrisburg, PA 17104 INSURER a: Cincinnati Indemn) Company 23280 INSURER C FedBPal Insurance 20281 CLAIMSAV,DE X OCCUR MED EXP(Any ate persann $ NSUREA D : INSURERS: PERSONAL& ADV INJURY $ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ItTR TYPE OF INSURANCE IN U POLICY NUMBER M IDDffYYY MMlDDfY YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY CPP3669867 08/19/2014 08/19/2015 PREMISEB Eaccuaranca $ 600,00 CLAIMSAV,DE X OCCUR MED EXP(Any ate persann $ 10,00 PERSONAL& ADV INJURY $ Exclude GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER', PRODUCTS- COMPIOPAGG $ 2,000,00 POLICY_ PRO. LOC IEr'T F7 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY (Per parson) $ ALL OWNED SCHEDULED AU'r05 AUTOS BOOILV INJURY Par accident) $ NON -OWNED HIRED AUT05 AUTOS IROPERTYDAMAGE $ Par accident $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 10,000,00 A EXCESS LIAR CLAIMS -MADE CPP3669867 - 0811912014 08/19/2015 AGGREGATE S 10,000,00 DED X RETENTION$ 0 $ X LIMIT OTH ANOEMPLOYEa Y!N TORY PARB11LRY * ANYPROPRIEfORIPARTNER /EXECUTIVE WC1875264 08/19/2014 08/19/2015 E, L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLVOE09 NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S 1,000,00 DESCRIPTION OF OPERATIONS below E, L. DISEASE - POLICY LIMIT $ 1,000,00 C Crime 68035829 10/20/2014 10/20/2015 EE Dishon 5,000,00 3rd Party 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAaach ACORD 101, Additional Remarks Schedule, If mare apace Is squired) LfORiR0VIE 1j116%1y SANTAA City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE K. �: tl :�.�=,rarvirairm:s><rrx�a.zr:. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD PENNC -2 OP ID: RK '`°.� CERTIFICATE OF LIABILITY INSURANCE DATE 07/30/2014 07/30/2014 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 Phone:717- 755.9266 E. K. McConkey 8 Co., Inc. Fax: 717.755 -9237 2555 Kingston Rd., Suite 100 York, PA 17402 Erica J. rimm, CISR Grimm, CONTACT NAME: Amanda Sides PHONE 717- 505 -3130 FAX Alc No Ext : (AID. Not: 717- 755 -9237 ADDRIESS: asides@ekmeconkey.com GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAICk INSURERA: Cincinnati Insurance Company 10677 $ 1,000,000 INSURED Penn Credit Corporation 916 S 14th Street PO Box 988 Harrisburg, PA 17104 INSURERS: Cincinnati Casualty Company 28665 INSURER C; Indian Harbor Insurance Co 36940 CPP3669867 0811912013 INSURER D: MED EXP(Any one person) INSURER E: X Contractual INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSU NCE A SUBR POLICY NUMBER MMIDDIYYVV POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR CPP3669867 0811912013 0811912014 MED EXP(Any one person) $ 10,000 X Contractual PERSONAL& ADV INJURY $ Exclude GENERAL AGGREGATE $ 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ 2,000,000 PRO-LOC POLICY LT $ AUTOMOBILE LIABILITY OMBINeDtSINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS accident Per BODILY INJURY ( ) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE CPP3669867 08/19/2013 0811912014 AGGREGATE $ 10,000,000 DEO I X RETENTION$ O $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA WC212030500 08/1912013 0611912014 X WC STATU- 7TH S I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 IMandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Llab MPP004259400 11101/2013 11/0112014 as claim 5,000,000 agg 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) TOO T V pssis'c� SANTAA City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD A, V PENNC-2 OP ID: AS ACI:"R" DATE (MMfODiYYYY) CERTIFICATE OF LIABILITY INSURANCE 08/1412015 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poficles may require an endorsement, A Statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementfs). PRODUCER E. K. McConkey & Co., Inc. 2555 Kingston Rd., Suite 100 York, PA 17402 INSURED Penn Credit Corporation 916 S, 14th Street PO Box 988 Harrisburg, PA 17104 Of)V1F;RAr.F;.q r.F:PTIr: I r.AT;: MI I mrzr-p- Amanda Sides 11171-7-51157192.6§ .... .... .... . UK '117:7?§5-9237 asidesf@ekmecoiikev.com A:Cincinriati Insurance Conn an g:Cincinnati nd rp�it I e 'y a Com n 23280 p (,:Federal Insurance D dindian Harbor Insurance Co 36940 E: 01=1 Ile InM kiliKADam. R 77HIs- IS TO CERTIFY TI IAT 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 OOCUtAENTWnH RESPECT 'TO VAIICII THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ATIOL-TI ------ i POLICY EX f'I LTR TYPE OF INSURANCE ln�nl= POLICY NUMBER I JM3&DDNYYnLL?AhVDDIYYYYI I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAINIS-MADE OCCUR X CPP3669867 0811912015 0811912016 500,00 S Excludet -GEN'L AGGREGATE LVIM T APPLIES PER G114ERAL AGGREGATE 5 PRO POLICY[_ JECT- LOC .. . . ....... -1 top P AGG S 2,000,OOC -OTLIrR Emp Ben. S �MMiim'lv AUTOMOBILE LIABILITY CO!,1011&13 SINGLE 1-11 T '"T ANY ALITO BODILY INJURY (F ? pet ron) S ALL O4%`N ED SCHE DULE D AUTOS AUTOS r3ODlLY1NJURYjPe(�-zden1) . . .... S NON-OV5 NFO 11IR80 AUTOS PROPERTYD .1ACE (Per ncrdenlI A' AUTM UMUB RELLALI AB I I OCCUR EACH OCCURRENCE----� S 10,000,00 0 A EXCESS LIAR CLAIMS MADE CPP3669867 0811912015 0811912016 AGGREGATE S 10,000,00 0 OED X A ETFNI-IO?4$ 0 $ — WORKERS COMPENSATION PER OTH, AND EMPLOYEAS! LIAUMITY YlIN X $T AT ER Ll� -L-;Tr B ANY PROPIIEIOiaPAfRTr7EWE.XLCUIIVc r ] 1`11A 01675254 0811912015 0811912016 Et. EACHACCIDENT $ 1,000,00( (Mandatory in NIL) F L OISFASE'- FA EMPLOYFAId 5 1,000,00C If ,SCRIP u*&f D , SCRIPTION OF OPERNPONS be-8 F L DII�FAV. - pOt ICY Lj��tlf $ 1,000,00C C Crime 68035829 1012012014 1012012015 Emp Dish 5,000,00C D Professional M 1110112014 1110112015 Prof Uab 5,000,00 C DESCRIPTION 0P' OPERATIONS I LOCATIONS J VEHICLES IACCR D 10I, Additional A emw ks Schedule, may be attach ed if imm space is a equ [red): Certificate holder is listed as Additional Insured with respect to General Liability as required by written contract. SEE ATTACHED ENDORSEMENT J, +,r-K I IVIUA I t- JIULUt.K GANGELLATION CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Aria ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza P0 Box 1964 AUTHORIZED REPRESEnTAUvE Santa Ana, CA 92702 @ 1988-2014 ACORD CORPORATION, All rights reserved, ACORD 25 (2014101) The ACORD name and logo are registered inarks of ACORD T'lhis endorsement modifies insurance provided tinder Pie fallowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION 11 - WHO IS AN INSURED, 2. is 2, Conformance to Specific Written Con- amended to 41CILide: tract or Agreement o. Any person or organization, hereinafter referred to as ADDITIONAL INSURED: (1) Who or which is not specifically named as in additional insured un- der any other provision of, or en- dorsoment added to, this Coverage Part; and (2) For whom you are required to add as an additional insured on this Cover- age Part under: A written contract or agreement," or (2) An oral agreement or contract where a certificate of insurance showing that person or organization as an additional insured has been issued; but Only With respect to liability arising out of "your work" performed for that addi- tional insured by you or on your behalf. A person or organization's status as an in- Ccured Under this endorsement continues for only the period of time required by flie ritton contract or agreement, but in no [4?f jj P vent beyond the expiration date of this overage Part. If there is no, written con- ract or agreement, or if no period of time s: required by the written contract or agreement, a person or organization's ,� status as an insured tinder this amdorse- mont ends when your operations for that insured are completed. 2. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to in- GILKIG: 1. Automatic Additional Insured Provision The written or oral contract or agreement must be currently in effect or become ef- fective cWhIg gie term of this Coverage Part, The contract or agreement also MUSI bo exocutod prior to the "bodily in- jury", "property darn age" or "personal and advertising injury "' to which this endorse- ment pertains. 11 a written contract or agreement be- tvoen you and lhe, additional insured specifies that coverage for the additional insured-, a. Be provided by the Insurance Serv- ices Office additional insured form number GG 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed op- Orations; or c. Include coverage for "your work"; and where the limits or coverage pro- vided to the additional insured is more re- strictive than was specifically required in that written contract or agreement, the terms of Paragraphs 3., 4.a.(2) and / or 4.1b, or any combination thereof, of this endorsement shall be interpreted as pro- viding the lirni[s or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorsement is attached. If, how- over, ilia written contract or agreernent specifies the, Insurance Services Office additional insured form number GG 20 10 but does not specify which edition, or specifier an edition that does not exist, Paragraphs 3. and 4.a.(2) of this en- dorsement shall not apply and Paragraph 4.b. of this endorsement shall apply, 3, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in flie Declarations of this Cov- erage Parl, whichavor are loss. 11 no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits applicable to the addiflowd insured are those spE-.,cifjr,,,d in U)e Declarations of this Coverage Part. The limits Of insurance are in- clusive of and not in addition to the timits of insurance shown in the Declarations. InGlUCILIS COpyfiglIted material Of InSur,911Ce GA 472 10 01 Services Office, Inc., with its permission. Pacle 1 of 2 4. The" following . are adde . tI to SECTION I c. "Bodily injury" or "property damage." ans- . COVERAGES, COVERAGE A. BODILY ing Out of "your work" for which a consoh-, INJURY AND PROPERTY DAMAGE dated (wrap-up) insurance program has LIABILITY, 2. Exclusions and SECTION I - been provided by tfie prime contractor / COVERAGES, COVERAGE B. PERSONAL project manager or owner of the con- AND ADVERTISING INJURY LIABILITY, 2, struction project in which you are in- Exclusions: valved. The insurance provided to the additional in- 5. SECTION IV - COMMERCIAL GENERAL stared does not apply to: LIABILITY CONDITIONS, 5, Other Insurance is amended to include: a. 'Bodily injury", "property damage" or personal and advertising injury" arising a. Where required by a written contract or outof the; agreement, this insurance is primary and I or noncontributory as respects any other (1) Rendering of, or f,9i]Lire to render, insurance policy issued to the additional any professional architectural, engi- insured, and Such other insurance policy noering or surveying services, in- shall be excess and / or noncon4ibuting, cluding: whichoverapplios, with this insurance. (a) The preparing, approving or b. Any insurance provided by this endorse- failing to pro-pare or approve ment shall be primary to other insurance inaps, shop drawings, opinions, available to ffio additional insured except: reports, surveys, field orders, change orders or draw6gs and (1) As otherwise provided in SECTION specifications: and IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other (b) Supervisory, inspection, archi- Insurance. b. Excess Insurance; or tectural or engineering activities; (2) For any other valid and collectible in- (2)� Sole riagligerice or willful misconduct surance available to the additional of, or for defects in design fumished insured as an additional insured by by, the additional insured or its "ern- attachment of an endorsement to ployees", another insurance policy that is writ- lo, 'Bodily injury" or 'property damage" aris- 'you,r ten on an excess basis. In such case, the coverage provided under ing out of work' included in the "products - completed operations hazard". this endorsement shalt also be ex- cess, Includes copydghted material of Insurance GA 47214 01 Services Office, Inc., with its permission. Page 2 of 2 NO Includes copydghted material of Insurance GA 47214 01 Services Office, Inc., with its permission. Page 2 of 2