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HomeMy WebLinkAboutMDG ASSOCIATES -2017INSURANCE DIV FILE N-2017-011 VyOmk MAY PROCEED UN-CIL !N6URANCE: EXPIRE. LERK OF COUNCIL, O)ZtATE- lr 7. 2DR, . � PA- CONSULTANT CONSULTANT AGREEMENT " - fe-frl f" INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THfS AGREEMENT, made and entered into this 23ia day of January, 2017, by and between MDG Associates, Inc., 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 ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of grant monitoring services and technical consulting services for federal grant programs. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Regs"). C. Consultant represents that Consultant is not listed as debarred, is able mid willing to provide such services to the City, and will comply with the CDBG Regs. D. In undertalcing the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any set -vices performed by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected from a professional consulting firm in the field, NOW T.IIEREFOR.IF", 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 Pursuant to this Agreement, MDG Associates, Inc. will provide monitoring and technical support services for the City of Santa Ana's Community Development Block Grant, Emergency Solutions Grant, and Workforce Innovation and Opportunity Act Programs as set forth in Exhibit A attached hereto and incorporated herein. 2. COMPENSATION a. The total sum to be expended under this Agreement shall not exceed Twenty -Five Thousand Dollars ($25,000.00) during the Term of this Agreement. b. Payment by City shall be made within. thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set :Forth in the Recitals which may reasonably be expected by City. 3, TERM This Agreement shall commence on the date first written above and terminate on June 30, 2017, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term 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, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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. Commercial General Liability Insrtrance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and dmnage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The ataounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement mid shall be approved in form by the City Attorney. b, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. 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 insuranec, 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, e, 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 aspect without thirty (30) days prior written notice to the City. f. 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: (1) 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 1 of this Agreement; and (2) from any claim that personal injzrry, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of Cr 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 fiirther 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 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;. 7. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery aid performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B, No Bankruptcy, Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Pro ecedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's peri'orn7ance under this Agreement, Consultant farther acknowledges that it is not on the list of debarred contractors, D. No Pending investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections fiom all agencies governing Consultant's operations hereunder. F, Audit Report Requirements. Consultant agrees that if Consultant expends Five Hundred Thousand Dollaxs ($500,000.00) or more in federal ftds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, fart 570 of Code of Federal Regulations 24 CPR 570.000, et seq. 11. A ceesN to Records, City and the United State Covernmmt and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are Dept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4 I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the fiinds received by Consultant and all documents gelated to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBO Reqs. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above -referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained, J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered. hereunder, K. Lobbying, Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR fart 87, which provide that no appropriated fends may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement, If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the 'undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use offends to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain 'inside information with regard to such activities, may obtain a financial interest or benefit from a City -assisted activity of Consultant, either for themselves or those with wham they have family or business ties, during their tcnure or for one year thereafter. This prohibition applies to any person who is an agent, employee, consultant, officer, or elected or appointed official of City, or of any designated public agency, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following dnig- free workplace policy, 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the work -place for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terns above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4, Within 30 days of receiving such notice, appropriate personnel. action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or, rehabilitation program approved for such purposes by a :Federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination, Consultant agrees that no person on the ground of race, age, color, national origin, disability, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 0. Conflict of Juterest. 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, Further, any conflict or potential conflict of interest of any employee/officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hcreoF Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring; of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant, For the purposes of this section, the term "irrunediate family" means spouse, child, another, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild„ The term "administrative capacity„ means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination, B, This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Flock Grant Funds, In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and teirnination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) axzy payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85,44, 10. VENUE/JURISDICTION 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, 11. VALIDITY The invalidity in whole or in part of any provision of this Agreeinent shall n.ot void or affect the validity of any other provision of 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 sant by facsimile or other telegraphic communication in the manner 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, California 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Community Development Agency City of Santa. Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6549 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: MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 Phone. (909) 476-9696 Facsimile: (909) 476-5086 13, MISCELLANEOUS PROVISIONS a. Each mdersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respeodye parties to each of the terms of this Agreement, slid shall. indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncomplimce or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained, IN WITNESS WHEREOF, the parties hereto lave executed this Agreement the date and year first above written. ATTEST: V -Z. ARIA D. HUIZAR City Clcj� City Clerk APPROVED AS TO FORM, city IN LUZ Attorney 10 CITY OF SANTA ANA GERARDO M UET Acting City Manager CONSULTANT MDG Bv'— President '/ Tax ID# 01- 0515W3 EXHIBIT A PROPOSAL I SECTION V, SCOPE OF WORK AND BUDGET SPECIFIC REQUESTED SCOPE of WOW< In the performance of the City's CoM unityDevclopment Block Grant, Emergency Solutions (3ra i,t, and Workforce innovation Opportunity Act programs monitoring and technical support services a$ as noted in the City's Request for Proposals, MDG will provide staffing and other resources requimd to perform the scope of wor1c. Coordinate acid flnallze the monitoring visit directly with each sub.recipient by April 1, 2016. * Moaltoring Letter Send a monitoring letter to each subreciplent requesting an appointment and in&ccaang required documentation to he reviewed at the onsite monitoring, i • Vold an Entrance Conferenoe Hold an , entrance cort erence onsite With the subreci tent's appropriate financial a nd/ar program staff immediately before the monitoring to ensure that all subreciplent staff have a clear understanding of the purpose, scope and schedule of the monitoring. P Review Financial .Reports Utilize applicable FTUD ,Forms from CPD tMonitoring Ilandbook far Suhrecipient Oversight for C.DBG, ESG and Workforce lnnovaiton Opportunity or any other forms that Consultant deems acceptable fcr monitoring standards, Proposed foyms are, to he vubmittod for review to the City far preapproval by the City for use, Hold an Exit Conforence Meet With Icey representatives of the subreciplent organization to: 1) present prellminary results of the monitoring visit; 2) provide arra appartunity for 1116 subreciplent to correct any misconception,or misunderstandings; 3) secure additional infortnation from subreciplent staffto clarify or sYcpport their position; and 4) provide an opportunity for subrecipient staff to report on steps they are already taking to correct the matter. * Orifi: Monitoring Letter for City's Review 1)NIft a woni(o ng letter to subrealpient for the City's review rficr the mon itoring visit. .Tetter should Include observations, concerns findings, recommended, actions anti/or corrective actions. • Follow -Up Follow-up on outstanding, corrective actions and draft final monitoring close-out letter .for the City's review, tU'Pta.ge PROPOSAL MDCT proposes to provide .monitoring and technical support services fox the City of Santa Ana's CDB G, RSG aild Workforce Innovation. and Opportunity Act Pro grarm on atime and materialb sis bored on. the Rate Schedule provl4ed under Section V1, The estimated hours to complete the following services are as follows; Financial monitoring of up to five (5) Community Development Block Brant sub. recipients providing Fair housing and/or public services, Estimated lours for completion: 90 Tours (181Irs, per Subrecipieut) x $75 = $6,750 Financial monitoring of up to four (4) Emergency Solutions Grant sub -recipients providing street outreach, shelter, homeless prevention and/or rapid re -housing. Estimated hours for cornplotion.' 80 Hours (20 Ms. per Stib=ipient) x $75 = $6,000 Financial monitoring of lip to three (3) Workforce Innovation and Opportunity Act sub - recipients providing youth services, Estimated hours for completion: 60 Hours (20 lits, per S-.zbrecipient) x $75 = $4,500 Project monitoring of one (1) Community Dovelopment Bloch Grant capital improvement project and technical support to enhance project documents and reporting doetimeats for compliance With all applicable regulations. Estimated hours for completion: 20 Hcurs x $75 . - $1,500 OPTIONAL. Programmatic monitoring of up to five (5) Community Development Block Grant sub -.recipients providing fair lousing and/or public services. Estimated hours for completion.: 40 Hours (8 Hrs. per Subrecipient) x $75 = $3,000 OMONAL.- Programmatic monitoring of up to .four (4) Emorgeacy Solutions Grant sub - recipients providhig street outreach, shelter, horneless peovention and/or rapid re»Dousing. Estimated hours for completion: 32 Hours (8 Hrs. per Subrecipient) x $75 = $2,400 NQTF: Depejidj g on the condition of the Subrecipient Agoncy files, it is possiblo that the monitoring of those programs can talk substantially less time, than the amount indicated. SECTION VL SCHEDULE OF HOURLY B1nL INC RATES MDG proposes to bill forthc monitoring and toohnical support services based on the scope of work aiad additional informado,n as identified in our proposal on a time and material basis based oil the following Rate Sciae We. SCHEDULE 4E HOURLY BILLING RATES Rates effective as of July 1, 2015 FA L PERSON IIO RLY TT .. TE Pros ident•/Serunr Vice President $1051001ffh Mice President $100.001Hr. r' Manager $ 95.00/1 Cr. SeniorAssociate $ 55,00/14r. Associate $ 75.00/Hr, St!N,s; elC J; SW orProjecCAss istant $ 65.p0/I-fi, Project Assistant $ 55.00/11'r. Secretary s 4,, 40.00/11r. Note, If MDO. staff is requested by the City to attend a meeting not considered a pallof this a Proposal or on a day In which a consultant is not Scheduled to be on site, the City steal be billed ror the time it takes to drive to and from tho City and its corporate office, REIMBURSABLE ,ITEMS: } 1 - Project Supplies— — at Cost Flus 10% Surchar e Ii J lap g ( applicable) Prints/Reproductions w at Cost plus 10% surcharge. (If applicable) - Postage -- at Cast plus 10% surcharge (If applicable) 12 1 P a g o •�CERTIFICATE OF LIABILITY INSURANCE DATE (M611041YYYY) b/7/201Cr 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 INSURERS�, AUTHORIZED 'PRESENTATIVE OR PRODUCER, FIND THE CERTIFICATE HOLDER, IMPORTANT, if the cortIfIcate holder Is an ADDITIONAL INSURED, the pollcy(les) mLlat be endorsed, If SUBROGATION I5 WAIVED, sul jeotto the terms and conditions of the policy, certain polfclesmay rdqulre ed ,endorsement. A staielnent on this certificate does not gonfor rights to the certificate holder In Ilcu of such endorsemsnl(s , PRCDDIlCER D T 'ami arsen NAME: Mutual, Insurance Agency :(626)793-9595 FAX CA License # 057.4081 RppA"- lament:@mutualineagcy°.eom __�....._._._._._._— _ 30 IL Marengo Ave Irasurt -RLS) A "FDRc1HQ c0V9PA ae NAlc n Pasadena CA .01101 insuREr€A,Chi2 Castialt Tns Ca 24071 iNBUR@D €ttstlREReitlhio 9ecurit. Ids Co ___ 24.082 MDD Associates, Inc.. iNsuRERccAme.rican Fire and Casualty -Co 24066 1:0.722 Arrow Route, Suite 822 Rancher CA 91.73 COVERAGES CERTIFICATE NUMBERs2016-2017 GL; Atit o, ZxCsREVESIsOfii N.URII.BEFd THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO '64E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 60GOME=NT WITH RESPECT' TO WHICH THIS CERTIFICATE" MAY ESE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS. SUBJECT TO Atk THE TERMS, E=XCLUSIONS AND CONDITIONS OF SUGH POLICIES. LIMITS SHOW. N FAA' HAVE B EN REOUCED BY PAID CLAIMS. I�BIR TYPE Of INSURANCE Apo IM SBR WV6 POLICl`N 6E pDLICYEFF MM DD POLICY EXP Llhir#$ A K CgMh[ERGIAL:GI NERAL LIABILITY CLAIh15-tviRDE� ®GCi1Ft EACH OCCURRENCE- $ ;L, 000, 000 D AME To Nr P Qecu enc � � � 200,000 MRO EXP An onoperson) $ 25,060 i{ 8 01757179296 7/1/203.6 7/1/20 7 PE€tSONAL ADYINJURi $ 1r00dn0t}p ©EN'i. AG.GREOATE LIM T APR LJFS KII POLICY PriO- .LOC JECT C�ENERAC LtGGFiEdAI E - pi20DUOT$-COr,4F/OPAGG — _ $ 2,000,000 ;$ 2,000;000 $ __.-.._........_.._.,. AUTR&SOE}iLE LIABILITY MBIN..�01! €NGLE L MCr $ 11000,000 X ANY AUTO Ail.OWNED AUTOiuLtti AUTOS AUTOS � HAsi757179299 7/.1/2016 7.3,/2017 1` BODILY KJORY (F 9r ptruv)n) ROPILY (Per I ) $ ASWN3 PROPERTY Pea Waior of Colliston 500 UMBRELLA LtAB X OCCUR 't. ACR OGCUR g 4.000, 000 EXC SS LEMS - A430REOAT@ S A..[i€1(5.iiffF[- X I I EIAM7179.29 LIABILITY Y"fit PARTNERIEXECUTIVE EXCLUDED? F H f A 7/1/2016 1 7/1/2417 E.L: EACH ACCl004 5 E.L. DISEASE - EA EMPLOYE $ pE3gRi1>TiON of OPERATIONS 1 LOCATIONS f YE}iiCCES (ACORn 101, Addllfonal Remarks $chedul&,. may be altached it more space is requir@d) The City of Santa Ana, its officers, employees, argentd and volunteers are named Additional: insured, but: only as respects the Insureds. Operationo as it relat=es to their Signed Contraot in regards to the CI�HG Administration Gansulting Services per Farm CC8610. att',aCt ad- Primary Inauranee and Transfer of Rights of. Recovery Against Others is included per Form CGRO10 attached. CERTIFICATE HOLDER rAN( PI I ATIflhi SHOULD ANY OF THE ABOVE DESCRIBED POLIGIES BE. CA€'iCELLED BEFORE City Of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CEamarmunit y DeVBIO ament Agency ACCORDANCE WITH THE POLICY PROVISIONS. Aims 'Perri Eggera, Seni6r Mgrmt. Analyst 20 Civic Center Plaza AVDibRIZEDRCPRa4CI1TAT[VI. i"raTtta FillEl..r %'A 92701 X-IG%Ii1dY'd WCiciLCFri/TLLs 41981 -2014 ACO€ D CORPORATION. All rights reserved. AGORD 25 (201410.1) The ACORD name and logo are. registered marks a4:ACORD INS025 pori4o€) COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT C14ANGES THE POLICY, PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following,, COMMERCIAL GENERAL LIABILITY COVERAGE PART 9_1JBJECT PAGE NON -OWNED AIRCRAFT 2 .NON -OWNED WATERCRArT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGE$ A AND 8 3 ADDIMNAL INSUREDS � BY 0NTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON.CONTR ISU TORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 0 WHO IS AN INSURED - INCIDENTAL MEDICAL ERROR$/MALPRACTICE AND WHO IS: AN INSURED w FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 0 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 0 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - a WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2013 Liberty Mutual. InsuranCe CG 88 10 04 13 Includes copyrlghteO material of Insurance ServIces Office, Inc., with Its permission, Page 1 of 8 With respect to coverage afforded by this endarsetnent, the provisions of the policy apply unless modified by the endorsement, A, NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I • Coverage A . Bodily Injury And property Damage. Liability, exclusion g. Aircraft, auto Or Watercraft does. not apply to an aircraft provided; 1. It is not owned by any insured; 2. It Is hind, chartered or loaned with a trained paid crew; — 3, The pilot In command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot, and .� 4. It is not being used: to carry persons or property for a charge, However, the Insurance afforded by this provision does not apply If there is available to the insured other valid arid collectible insurance, whether primary, excess (other than insurance written to: apply specifically in excess of this policy), contingent or on any other basls, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT OR Under Paragraph 2, Exclusions of Section I - Coverage A - Evdily Injury And Property Damage Liability; s Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A watercraft. you do not own that Is; (a) Less:.: than 52 feet longi and (b) Not being used to carry persons or property for a charge, C. PROPERTYDAivAOE L1ABILITYwELEVATO.RS 1. Under Paragraph 2. Exclusions of Section 1. - coverage A - Bodily Injury And Property Damage L Mbil- . ity, Subparagraphs (3), (4) and .(6) of exclusion J. Damage To Property do not apply If :such "property damage" results from the USO of elevators, For the purpose of this provision, tort. do not Includo vehicle lifts. Vehicle lifts are lifts or holsts used in automobile service or repair operations. 2. The following Is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent .or on any other basis, D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU. (Tenant's Property Damage) if Damage To Prem]15e5 Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section 1 -Coverage A- Bodily Injury and Property Damage Liability., a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow - Ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than darnage by fire, lightning, explosion,: smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive. days; or (ii) Contents that you rent or lease: as part of a premises rental or lease agreement for a period of more than 7 clays, Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described In Section. Ill - Limits of Insuran€e. 0 2013 Liberty Mutual. Insurance CG 88 10 04 13 Includes copyrighted material of lasurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through In. eta not apply to damage by fire lightning explosion, smoke or leakage from automatic fire protection systems to promises whilerented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To: Premises Rented To You as described In Section III - Limits Of Insurance. 2, Paragraph S. under Section III - Limits Of Insurance is replaced by the following. 6. Subject to Paragraph 5. above, the Damage: To premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While. rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning explosion, smoke or leakage from automatic protection sys- tems;_ or b. Contents that you rent or lease as part of a promises rental or tease agreement. 1 As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO you (Tenanus. Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises.. However, that portion of the contract for a lease. of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises wNte rented to you or temporarily occupied by you with the permission of the owner, or for damage to .contents of such premises that are included In your premises rental or lease agreement, is not an "Insured contract", E. MEDICAL PAYMENTS EXTENSION If Coverage G Medical Payments is not otherwise excluded, the Medical payments provided by this policy are amended as follows; Under Paragraph 1.. Insuring Agreement or Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the fallowing: (Ie.) The expenses are 'incurred and reported w1thin three years: of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS . COVERAGES A AND B 1. Under Supplementary Payments • Coverages A and B, paragraph `l.b. is replaced by the following: b.. Up to $3,000 for cost or bail bonds required because of accidents or traffic lava violations arising out of the use of any vohicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses Incurred by tate insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a clay beouso of time off from work. C. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1.. Paragraph 2. under Section 11 � Who Is An Insured is amended to Include as an Insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. 'Such person or organization is an additional insured but only with respect to liability for "bodily Injury" "property damage" or "personal and advertising Injury" caused in whole or in part. by: f a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the. additional insured that are the subject of the written contract or written agreement provided that the "bodily Injury" or "property damage" occurs, or the. "per- sonal and advertising injury" is committed, subsequent. to the signing of such written contract or written agreement; or a 2013 Liberty Mutual Insurance CG 88 10 04 13 includes copyrighted Material of Insurance Services Office, Inc.,: with its permilslom Page 3 of 8 a b, Premises or facilities rented by you or used by you;. or c. The marntenanee, operation or use by you of equipment rented or leased to you by such person or organization; or d, Operations performed by you or on your behalf for which the state or pot€tical subdivision has issued a perWit subject: to the following adrift€onaf provislon:s; (1) This Insurance does not apply to "bodily injury"` `"property damage", or ":personal and ad- vertising Injury" arising out of the operations performed for the stata or political subdivision, (2) This insurance does not apply to "Bodily Injury" or "property damage" included within the "completed operations hazard", (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair" construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, rnarquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures, or (b) The construction, erection, or removal of elevators, or (c) The ownership, maintenance, lir ue of any etevators covered by this, insurance, However: 1.. The insurance afforded to such additlonaf insured only applies to the extent pereated by law..; and 2. If coverage provided to the additional insured Is required by a contract or agreeruent, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to .provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an :additional insured under this endorsement ends when, i (1) All work, Including materials, parts or equipment furnished in connection with such work, oh the project Other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s): at the location of the covered operations, has been completed; or (2) That portion of "your work!' Out of which the injury or darnacge arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization`s status as an additional insured underthis endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 7.e. above, this insurance does -not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or youhave returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement Is signed prior to the "bodily Injury" or "propetty damage". We have no duty to .defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required In Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tlonsi. 0 2013.1-iberty Mutual insurance CG 88 10 04 13 tndu(Jt,,� capyr[9hte.d material of l rsurance Services Office,..lrie., with its permission. Page 4 of 8 1 With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily injury And Property Damage Liability: This insurance does not apply to: a. "Boclify injury" .or "property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily Injury" or "property damage" occurs. c. "Bodily Injury", "property damage" or "personal and advertising lnjury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services,. including. (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, survey', field orders, change orders or drawings and specifications, or (2) Supervisory, Inspection, architectural or engineering activities. This exclusion applies. even if the claims against any Insured allege negligence or other wrongdoing in the supervision; hiring, employment, training or monitoring of others by that Insured, If the "occur fence" which caused the `;bodily injury" or "property damage", or the offense which: caused the "personal and advertising injury°, involved the rendering of, or the failure to render; any professional architectural, engineering or surveying services. d, "Bodily Injury" or "property damage" occurring after, (1) FII work, Inciuding materials, parts: or equipment furnished in connection with !such work, on the proJect (other than service, maintenance or repairs) to he performed by car on. behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its intended .use by any :person or organization. other than another contractor or .subcontractor engaged In performing operations for a principal as a part of the same project. e, Any person or organization -specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, S, LESSE S OR CONTRACTORS endorsement is- sued by us and made a part of this policy, 3. With. respect to the insurance afforded to these additional insureds, the following Is added to Section III - Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most wewill pay on. behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement; or b. Available under the applicable: Limits of Insurance shown In the Declarations, whichever is fess. This endorsement Shall not increase the applicable Limits of insurance shown In the Declaratio ns, N. PRIMARY .AND. NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any farm or endorsement lander thls policy. Condition 4. Other Insurance of SECTION iV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a, The fallowing .is added to Paragraph a. Primary insurance: If an additional insured's policy has an tither Ihscrrance. provision malting its policy excess; and you have agreed. In .a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional lnsured's policy for damages we cover, 2013 Liberty Mutual. Insurance CC 88 10 04 13 Inrlrides copyrighted material of Insurance Services {Milts, Inc„with its permission. Wage 6 of 8 I k. M b. The following is added to Paragraph b, Excess Insurance: When a written contract or written agreement, other than a premises. lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit Issued by a state or political i subdivision between you and an additional insured sloes not require this insurance to be primary or primary and non-contributory, this insurance Is excess over any other insurance for which the addi- tional insured Is designated. as a Named Insured. Regardless of the written agreement between you .and. an additional insured, this Insurance is excess over any other Insurancewhether primary, excess contingent or on any other basis for which the additional Insured has been added as an additional .Insured on other polic'Ies. ADDITIONAL INSUREDS EXTENDED PROTEGTION OF YOUR "LIMITS OF INSURANCEIl This .provision applies to any person or organization who qualifies: as an additional insured under any form or endorsement under this policy.. 1. The following is added to. Condition 2. Duties In The Event .Of occurrence, Offense, Glaim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an. "occurrence" or an offense that. mayresult in a claim or "suit" under this Insurance to us, b: Tender the defense and indemnity of any claim or "suit" to all Insurers whom also have insurance avail0le to the additional insured,• and c. Agree to make available any other insurance which the additional Insuredhas for a toss we cover under this Coverage Part. d. We have no duty .to defend or indemnify an additional insured. under this endorsement until we receive written notice of'a "suit" by the additional Insured. 2. The limits of insurance applicable to the additional Insured ars:. those specified In a written contract or written agreement or the limits of insurance as stated In the Declarations of this policy and defined in Section [it - Limits of insurance of this policy, whichever are less. Those Limits are Inclusive of and not in addition to the limits of insurance available under this policy. J, WHO IS AN INSURED - INGIDENTAL MEDICAL ERRORS t MALPRACTICE WHO IS AN INSURED • FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11- Who Is An Insured is replaced with the following; (1) "Bodily injury" or "personal and advertising irij.ury":. (a) To you, to your partners or members (if you are a partnership or joint venture),. to your m:embors (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your businoss, or to your other "volunte.or workers" while perfbrmbig duties- related to the conduct: of your business; (la) To the spouse, child., parent, brother or sister of that. ca -"employed" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which: there is any obligation to share .damages with or repay someone else who mustpay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arlsing out of his or her providing or Failing. to provide professional health care services. However, If you are not in the business of providing professional health care seNfces or providing profes- sfonal health care, personnel to others, or if coverage for providing professional Health care ser- vices is not otherwise excluded by separate, endorsement, this.: pravislon (Paragraph (d)) does not apply; Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "ompioyee" who Is acting in 'a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision or other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily' .injury" or "personal and (9� 2013Liborty Mutuml In%prance CG 88 10 04 13 Includes copyrighted material of 1€isumnce Service, Office, Inc.,with its permNsian. Page 6 of 8 advertising injury" arising out of their willful conduct, which Is defined as the purposeful or willful intent to cause "bodily Injury" or "personal and advertising Injury", or causes! In whole or in part .by their Intoxica- tion by liquor or controlled substances. The coverage provided lay provision J. is excess over any other valid and cotlectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY A.QgUIRE D ENTITIES Paragraph 3. of Section Il - Who Is An Insured is replaced by the following, 3, Any organization you newly acquire or farm and over which you maintain ownership or majority interest, Will qualify as a Named insured if there is no other similar Insurance available to that organization. However a. Coverage under this provision is afforded only until the expiratlon of the policy period In which the entity was acquired or formed by you; b. Coverage A rhes not apply to "bodily Injury" or "property damage" that occurred before you acquired or farmed the Organization.; and c. Coverage 5 Maes not apply to "personal and advertising injury" arising out of all offense committed before you acquired or formed the organization. d. records and. descriptions of operatlons must be maintained by the first Named Insured... No person. or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited Ilability company that is not shown as a. Named Insured In the Declarations or qualifies as an Insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6, Repro- sentations Your failure to disclose all hazards car prior "occurrences" existing as of the inception dote of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose* all hazards & € prior "occurrences" is not Intentional.. M. KNOWLEDGE OF OCCURRENCE, t7.FFE= NSE..,. CLAIM OR .SHIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2.. Duties in The Evont of Occurrence, Offense*, Claiin Or Suit. Knowledge of an "occurrence", Offense., claim or "suit" by an. agent, servant or "empicayee'.' of ;any Insured shall not initself constitute knowledge of the insured unless an Insured listed under Paragraph 1, of Section It v Who Is An Insured or a person who has been designated by thein to receive. reports of "occurrences", offenses, claims ar "suits" shall have received such notice from: the agent,servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General. Liability Extension Endorsement to provide more coverage wlthout additional premium charge,: your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3, is replaced by the following: 3' "Bodily Injury" means physical Injury, sickness or disease sustained by a person, This includes Mental anguish, mental Injury, shock, fright or death that results from such physical Injury, sick.. noss or disease. e� IP 2013 Liberty Mutual Insurance CG 80 10 04 13 Includes copyrighted material of Insurame Services Office, Inc:; with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a... of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the following. a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or Intended from the Standpoint of the Insured. This exclusion does: not apply to "bodily injury" or "property damage" resulding from the use of reasonable farce to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV . Commercial General Liability Conditions, the following is added to Condition 6. Trans- fer Of Rights Of Recovery Against Others To Us:. We waive any right of recovery we may have: against: a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person ar organization and included In the "products -completed operations hazard" provlded; `I. You and that parson or organization .have agreed In writing In a contract or agreement that you Waive such rights against that person or organization; and. p s 2. The Injury or damage occurs subsequent to the unution of the written contract or written agree- ment, t�� 10 2013 Liberiy mwual Insurance CG 68 10 04 13 Includes copyrighted m8terial of Insurance Ser*es Office, Inc., with itsperrrdsslcrn.. Page €.. of 8 A L>DATE (MM/DDIYYYY) .--� CERTIFICATE OF LIABILITY INSURANCE 0135/28/2016 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 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 policies may require an endorsement. A statement on this certificate does not confer rights to the certofacate holder in lieu of sugh-endorsement(s), PRODUCER CCHTAC7 'AM[: Karen Bronson CorRisk Solutions PHONE FAx 225 W. Washington St. Suite 1560 �MA4 E"1' 312-263-4218 NC. No, Eon, Chicago, TL 60606 MRR. kbronson@ccrrisksolutions.com INSURER(S) AFFORDING COVERAGE NAIC 4 INSURER A: New Hampshire Insurance Company 23841 INSURED INSURER B: MDG Associates, Tnc. INSURERC: 10722 Arrow Route Shite 822 INSURER D: Rancho Cucamonga, CA 91730 INSURER E: INSURER F: COVERAGES CERTIFICATE NEJMBER! Rr-VISICIN NIIMRER- 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. IN5R LTR TYPE OF INSURANCE ADD'L IN5RD 5UBR WVD POLICY NUMBER POLICY EFF iMMlnoryYYY) POLICY EXP (MMIDONYYY) LIMITS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR DAMAGE TO RENTEDPREMISES (Ea occurance) MED EXP (Any one person) DOES NOT APPLY PERSONAL & AND INJURY GENERALAGGREGATE PRODUCTS - COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT MLOC AUTOMOBILE LIABILITY 1,;OMaINED bINULE LIMIT (Ea e.dd.�10 BODI LY INJURY (Per parson) ANY AUTO ALL OSCHEDULED AUTOS AUTOS DOES NOT APPLY BODILY INJURY (Per accldmt) PROPERTY UAMA L! IPer accident) HIRED AUTOS NON -OWNED AI ]TtnS UMBRELLA LIAB OCCUR EACH OCCURANCE AGGREGATE EXCESS LIAB CLAIMS MADE DOES NOT APPLY DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VSTATU- OTHER TORY LIMITS ANY PROPRIETORIPARTNFRlEXECUTIVE OFFICEIMEMBER EXCLUDED? (Mandatary in NH} YIN It yes, describe under UE5GRIP1ION OF OPERATIONS below NIA DOES NOT APPLY E.L. EACH ACCIDENT k.L. P - EA EMPLOYEE E E.L. DISEASE - POLICY LIMIT A Professional Liability 064991891- 00 07/01/16 07/01/17 Per Occurrence: $1,000,000 Annual Aggregate, $1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) A,As' �'- L;tK I II-IGA I t HULUtK CANCELLATION City of Santa Ana, Community Development SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Agency THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn.: Terri Eggers, Sr. Mgmt. Analyst 2C Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701. ACO RD 25 (2010105) ©1988.2010 AC ORD CORPORATION. Allrighls reserved. The ACORD name and logo are registered marks of ACORD a ACOP ®® CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDDIYYYYj p1/31/2017 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 he 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 molder in Iieu of such endorsement(s). PRODUCER NAMEA T Lizette Bargas PHONE (909) 987-7600 FAX (909)967-7656 Amorelli Rosemann & Associates Ins Svcs Inc 3333 E Concours St 'MAILDDRESS: lizetteb@arainsurance.com A INSURER(S) AFFORDING COVERAGE NAC 0 Building 9-200 INSURERA:State Comp. Insurance Fund 35076 Ontario CA 91764 INSURED INSURER 8 INSURER C: Mdg Associates, Inc. INSURER D: 10722 Arrow Route Ste 822 INSURER E : GENERAL AGGREGATE $ INSURER F: Rancho Cucamonga CA 91730 COVERAGES CERTIFICATE NUMBER-CL1662914586 REVISION NIIMRFR- 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 TYPE OF INSURANCE ADO BR POLICY NUMBER POLICY EFF MM DD POLICY EXP D LIMITS 20 CIVIC CEN'T'ER PLAZA SANTA ANA, GA 92701. COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR Lizette Bargas/LTZETT� EACH OCCURRENCE $ AAl OPRREMISVMIS TO RE TED ES Ea occurrersce $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRC ❑ LOC JECT OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acdclenl UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PRCPRIETORIPARTNERIEXECUTIVE OPFICERIMEMBER EXCLUDED? (Mandatory In NH) I yes,descrlbe under DESCRIPTION OF OPERATIONS below N I A 1960750-16 7/1/2016 7/1/2017 S I STATUTE ORH E. L. EACH ACCIDENT 1 $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROOF OF INSURANCE FOR CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION \.'; %J O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 rim 401 f SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: TERRT EGGERS, SENIOR MNGMT. ANALYST ACCORDANCE WITH THE POLICY PROVISIONS. COMMUNITY DEVELOPMENT AGENCY AUTHORIZED REPRESENTATIVE 20 CIVIC CEN'T'ER PLAZA SANTA ANA, GA 92701. _ Lizette Bargas/LTZETT� O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 rim 401 f