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HomeMy WebLinkAboutWILLDAN FINANCIAL SERVICES-2017A-2017-087 CONSULTANT AGREEMENT CITY OF SANTA ANA This AGREEMENT is made and entered into this 18" day of April , 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY") and Willdan Financial Services (hereinafter "CONSULTANT"). RECITALS A. The CITY desires to retain a consultant having special skill and knowledge in the field of LE financial analysis for local governments to prepare a user fee study. W ! 'B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to -Cr 1 the CITY. C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE; in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES CONSULTANT shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for tile Delivery of Seivi_ces, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, the total amount of which shall not exceed Thirty Six Thousand Dollars and No Cents ($36,000) for the term of the agreement. Compensation shall be processed in accordance with Section 18. This Agreement shall commence on the date first written above for a two-year term, unless terminated earlier in accordance with Section 15, below. rev. 0 1/2612017 Page 1 of 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for CITY to copy, use, modify, reuse; or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, ,studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement ("Documents & Data"). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONS'U'LTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. G. INSURANCE Prior to undertaking perfornvance 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 Insurance, CONSULTANT shall maintain commercial general liability insurance naming the CITY, .its officers, employees, agents, volunteers and representatives as additional insared(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage 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 amounts 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insured's provisions. Pago 2 of b. Business automobile liability insurance, or equivalent fond, 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 3700 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. 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. with $2;000,000 in the aggregate. C. 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 by the CITY. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the CITY. iv. CONSULTANT shalt supply CITY with a fully executed additional insured endorsement. 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. CONSUUI`ANT waives the right to receive compensation and agrees to indemnify the CITY for any work perfornted prior to approval of insurance by the CITY. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnity, defend andhold harmtess CITY, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims'), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, Page 3 of 8 nothing herein shalt be construed to require CONSUL'T'ANT to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties, This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The 'policy limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT. 8. INTELLECTUAL. PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 9. RECORDS CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement, All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make transcripts at copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement, 10. CONFIDENTIALITY If CONSULTANT receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CONSULTANT agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Inforination" 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, It. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. Page 4 of 8 12. DISCRIMINATION CONSULTANT sball 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 and as further specified in Certifications - Exhibit C, attached' hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and CONSULTANT, anti supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONSULTANT or the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by .any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT, CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY's ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY, 15. TERMINATION This Agreement may be terminated by the CITY upon thirty (30) days written notice of termination. In such event, CONSULTANT shall be entitled to receive and the CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require CONSULTANT to deliver to the CITY all work product(s) completed as of such date, and in such case such work product shall be the property of the CITY unless prohibited by law, and CONSULTANT consents to the CITY's use thereof for such purposes as the CITY deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5of8 16. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and. required by the laws and regulations of the United. States, the State of California; the City of Santa Ana and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said. inability shall be cause for termination of this Agreement. 18. PAYMENTS & INVOICES a. Payment by CITY shall be made within forty-five (45) 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 pertbrinance set forth in the Recitals which may reasonably be expected by CITY. b_ Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. CONSULTANT's invoice number and CITY's agreement number ii. Beginning and ending dates for services iii. CITY Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed and percentage (%) of total services completed. vi. Remaining Overall and Task Orden budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, ug fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6 of 8 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714)647-5635 To CONSULTANT: Chris Fisher Vice President -Group Manager Willdan Financial Services 27368 Via Industria, Suite 200 Temecula, CA 92590 Fax: (951) 587-3510 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any cora nun cation shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time £names, weekends, federal, state, County or CITY holidays shall be excluded. Page 7 of 8 IN WITNESS WHEREOF, the parties 'hereto have executed this Agreement on the day and year first above written. ATTEST: `IA r MARIA D. FIUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: / J6PHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FR DMOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CONSULTANT: Willdan Financial Services ROBERT CHRIS FISHER Vice President -Group Manager Tax ID# 33-030-2345 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES City of S,anta'AnaI California D. Understanding of Need Executive Surnuta ry Based upon our review of the City's Request for Proposal, and on our extensive experience with exactly this type of project, Willdan Financial Services ("Wilidan") Is confident that we can meet the City's objective of reviewing, and evaluating the identified categories of user fees, developing appropriate and defensible methods of analysis to determine the full cost of providing various City services, and then recommending updated fee amounts based upon this analysis. The overall objective is to establish an updated schedule of fees that is objective, fair and equitable, that maximizes the recovery of the costs of providing City services. The end products will include a report and a user-friendly Excel -based model, which City staff will retain, and which can be easily updated in the future. The model will be used to calculate and analyze the components that make up the full cost of services provided by the City, the recommended level of cost recovery (taking into account appropriate subsidies), and the revenue impacts to the City of proposed changes in fees. Most importantly, we will ensure that the results and recommendations are clear and understandable, defensible, and easily implementable, For this user fee study, we will meet directly with departmental representatives at the City, to discuss the approach and process that is best suited for each fee category; and then in more detail to identify processes and levels of activity and effort involved in providing services for which user fees are paid. Through this process we will identify the full cost recovery amount for each fee related activity, compare this with the City's current cost recovery levels, and then discuss with staff, policy and/or political concerns that need to be considered in developing recommended fees. Final recommended fees will be the result of these collaborative discussions, so that they reflect realities and considerations that are specific to the City of Santa Ana. We will review and analyze existing userfee programs, and based upon conversations with City staff, a review of other neighboring cities, and our experience with fee programs in other cities, make suggestions as necessary for fees that may need to be added to the City's fee schedule, for activities that occur with some regularity, for which a fee is not currently being charged. We will also review other similar Orange County jurisdictions to provide a comparison of common fees. In determining specific agencies to utilize in the comparison, we will provide our own recommendations, and consult with City staff to understand their view of comparable agencies. For a successful and effective engagement, it is important to have a thorough understanding of the structure and organization of the City. We bring years of successful experience working directly with hundreds of cities throughout California, and specifically with the City of Santa Ana. Willdan possesses the resources, practical experience, creative thinking, and collaborative consulting skills necessary to complete this important project. Key distinct advantages that Willdan brings to the City include the following: On-site Data Gathering: Our experience has taught us that working together, via face-to-face discussions, is the most efficient and thorough way to ensure that results are accurate, and that studies are completed in a timely manner; which again, is critical in this proposed engagement. Consequently, through on-site interviews with your staff, Willdan will collect the majority of required data for the user fee study. This method is better than the typical "time and motion surveys" that are provided to agency staff when studies like these are conducted. This process ensures that we gather the data we need in one coordinated step, rather than having to go through repeated follow-up and clarification. This approach and the dedication of proposed project team will help ensure we meet the City's timeline and objectives, and provide important Information to City staff and the Council as soon as possible. Public Engagement: Our models and project approach are geared toward delivering our work an schedule and presenting our analysis results at public meetings and Council workshops. While the City Council and local business community may be generally supportive of increasing fees where necessary, it will be important to present recommendations to them in a way that clearly demonstrates the rationale and supporting analysis. The Wilidan Team is experienced at communicating complex analytical results in a manner that is easy to Gatnpre€7ensive. Innovative, Trusted, 10 City User Fe eStudy city of Santa Ana i California understand by non -finance oriented individuals and facilitates discussion. Mr. Fisher has coordinated or participated in numerous public and staff workshops regarding fees and cost of service based charges. As previously mentioned, our objective is to provide useful, detailed information to the Council and City staff, necessary to make important decisions. Our experience ensures that we can meet this objective. User-friendly Models and Reports: Wilidan prides itself on creating user-friendly Excel -based models that the City can retain, and conducting our analysis and developing the model collaboratively with City staff. With City staff's immediate input and collaboration; Willdan will design an extremely flexible, intuitive Excel -based model, in the future, as the City assumes new responsibilities, modifies existing processes, and/or eliminates unnecessary services or programs, the model will be capable of adding or deleting funds, objects, departments, programs, staff positions, and activities. Willdan understands that issues facing the City are unique; consequently, we design our model to match your immediate and desired needs to ensure that end results exceed staff expectations. This model is then the City's to retain, after our study is completed, and allows us to create revenue projections, highlight potential new revenues and current levels of subsidy. Experience with Development Service Processes: A unique aspect of our firm is our relationship with our Engineering Division. For many agencies throughout California and other Western states, this division provides contracted services in planning, engineering, and building and safety. When conducting cost recovery studies, we regularly consult with our engineering and land -development staff of experts on development -related issues. By working with our planners, engineers, and building officials, we understand development -related agency service procedures and workflow functions, which often make the entire user fee study process smoother for your staff. A key element of this study is presenting results and recommendations in a straightforward manner that allows Council and staff to confidently make fee setting policy decisions, and understand the impacts of those decisions. Rather than using an inflexible proprietary software program, we construct our models from the ground up, and as previously discussed, mirroring the City's budget format wherever possible. As a result, the information contained in our models is easy for City staff to interpret, and the familiar software ensures ease of navigation. As the model is being designed and constructed, we will work together with City staff to determine the best and most effective features to include, such as index links and color -coding to identify input cells and protected formulas. After the project is completed, we will provide training, so that your staff can independently and efficiently evaluate the effects of changes in certain factors. Created directly from the models, our reports clearly and graphically illustrate bases for the allocation of costs, the full cost recovery level of fee programs, provide projections of revenue from fee programs, both at full cost recovery and at recommended levels, break down the costs into direct and indirect overhead categories, and present the fee methodologies. User Fee S tucly.App roach In order to comprehensively and regularly update fees, the City should develop a comprehensive user fee schedule that accurately accounts forthe true cost of providing services. Once the study is complete, the user fee study model must be flexible so that the City can add, delete, and revise fees in the future. To meet this goal, we will bring our expertise and unique perspectives to your fee study by approaching the project with these four principles: 1) Technical Expertise The City's fee and rate study requires a professional firm possessing years of user fee study experience. Our staff has performed user fee studies for agencies ranging in size from the City of Rolling Hills (population 1,500) to the City of Phoenix (population 1,500,000). These studies presented unique opportunities for our staff to incorporate enhancements into each fee model's capabilities. Wilidan staff members assigned to this project developed user fee expertise through the completion of dozens of such projects, which will benefit the City as they evaluate the fees associated with the services delivered. 2) Defensibility Our user fee projects have not been legally challenged since the inception of this practice area in our firm. We have accomplished this by closely working with legal counsel familiar with user fee studies, our a� Comprehensive, Innovatrve,'Trusted. 11 Ci#yafSanta Ana �t v User Fee Study City of Santa Ana I California Cy . engineering division and with agency staff, In this way, we can tailor the correct approach to ensure full cost recovery combined with a sound and reasonable basis for each user fee you implement. While Proposition 218 does not directly apply to non -property -related fees, we employ principles from this important constitutional article to make certain that your user fee schedule is developed with fairness, equity, and proportionate cost recovery principles in mind. With the addition of Proposition 26, Willdan will review each analyzed user fee for compliance and appropriateness to ensure continued defensibility. Although our fee studies have not been challenged, we have assisted cities that have encountered prior legal challenges to their current fee schedules. We are frequently brought into situations in which we help prepare user fee schedules that are acceptable to both the agency and challenging party. Through this process, we have developed a wide variety of fee approaches that we can bring to the table for this fee study to meet your defensibility requirements. 3) project and Staff Time The City must have a sound and technically defensible fee schedule to ensure costs are appropriately recovered, as applicants approach the City for its services. Our standards and approaches serve to get to the issues of your fee study quickly. Starting with the project kick-off, we will make certain that your staff understands the purpose and scope of the study and its corresponding on-site departmental interview. As Widen is able to communicate directly with the service providers, this face-to-face interaction provides valuable time estimates. In addition, Willdan is able to extract information beyond normal time and motion data, which allows amore usable and comprehensive fee schedule. By working collaboratively with your staff during on-site meetings, we help ensure that the survey process does not become a burden; but, rather, a simple means by which to ensure adequate cost recovery. A) Responsiveness We take great pride in providing responsive service to our client agencies. Frequent communication is critical to a successful fee study experience. We will provide a list of data requirements in advance of the project kick-off meeting. Due to this simple step, the introductory meeting can focus on the survey input process, answering questions, determining policy goals, and defining next steps in the project. We will follow up weekly with you at each step in the fee study process to make sure that staff "buys in" to the fee study approach and results. If we feel that the project schedule is starting to slip, we will immediately notify your staff to discuss ways to steer the project back on track to meet the City's timing goals. User Fee Study Methodology Our approach to preparing the user fee study and documentation for Santa Ana includes: • Close coordination with your staff to devise a consensus approach. Different programs and/or different service delivery methods will necessitate different approaches. We will discuss specific pros and cons with City staff as we determine which methods work best for various categories of fees; • Strict adherence to key legal and policy issues with regard to user fees, including the percent of cost recovery that the City seeks to achieve. A user fee shall not be set higher than the reasonable cost of providing a fee -generating service. Our approach provides you with a fee schedule that achieves maximum legal cost recovery while ensuring that each fee is supported by technically defensible documentation; and • Technical analysis necessary for project participants to resolve policy issues. As described below, there are two basic approaches to calculating user fees: Approach 1: Case Study Method This is also sometimes referred to as a cost build-up approach. Using a time and materials approach, the "Case Study Method" examines the tasks, steps and City staff involved in providing a particular 'unit' of service, such as a permit review, and then uses that information to develop estimates of the actual labor and material costs associated with providing a unit of service to a single user. It is often used when a service is provided on a regular basis, and staff and other costs associated with the service can be segregated from available budget data. Estimated costs, based on City staff interviews regarding the time spent on specific tasks, and on the review of available records. Willdan will most likely recommend using this methodology to determine the full cost of a service for which the process and steps can easily be identified, and associated a6+'��t User Comprehensive, Innovative, Trusted. 12 SantaFee Study city of Santa Ana i Califomia ", with one occurrence. Examples where this method could be used are: reviews of applications and permits, requests for specific individual services or inspections, and licenses. A typical case study fee model should comprise the following three general cost layers: 1) Central Services Overhead: This category may involve such costs as labor, services, and supplies that benefit more than one department, division, or project. The exact benefits to specific areas are impossible to ascribe to a single activity. Examples are purchasing, human resources, and liability insurance. As part of the user fee study, these costs are calculated in the overhead cost review. 2) Department Overhead: This category may include expenses related to such items as office supplies, outside consultants, and membership dues. It may include management, supervision, and administrative support that are not provided to a direct fee -generating service. Typically, these items are charged, on an item -by -item basis, directly to the department, division, or project. Central Services Overhead Departmental Overhead Costs 3) Personnel Casts: This category refers to direct salary and benefit costs of staff hours spent on providing a foe -generating service (e,g., on-site building inspector). Approach 2: Average Cost Method This is also sometimes referred to as a programmatic approach, because it looks at costs at a program level, and then allocates them to participants on an occurrence basis. By taking total service costs across a substantial sample period (a year), and dividing by the total number of service units delivered over that same period, costs per unit of service is estimated. This approach is useful when services or programs are provided in a more aggregate manner, where it might be difficult to identify a specific sequence of steps associated with one user or participant; or where it is not feasible to cost-effectively segregate costs associated with specific activities. An example of where this approach is applicable is recreational programs. In these cases, residents or customers sign up to participate in a group activity, with one instructor, using a building that is shared by multiple programs or activities. In this case segregating costs associated with one participant would be very difficult; so by determining the cost of a program (such as aquatics for Instance), and attributing that cos to participants based on historical and/or planned participation levels, a cost per user can be calculated. User Fee Studd Work Flan Our proposed work plan, described in detail by task, is provided below. We explain how each task will be accomplished, and identify associated meetings and deliverables. We want to ensure our scope provides quality and clarity, and is responsive to the City's needs and specific local circumstances. We will work in concert with the City to adjust our scope as needed during the course of the study. Taxes, fines, utility rates, and penalties are not "user fees" and will not be part of our work plan for this project. However, we will advise the City regarding additional study efforts it may pursue to evaluate fee categories not considered user fees. Comprehensive, innovative. Trusted. 13 City of Santa Ana , � User Fee Study `Cify, of Santa Ana 1 California Objective: Initial due diligence; obtain study -related data. Description: Prior to the kick-off meeting, we will obtain and review relevant documentation to further enhance our understanding of the services, fees, and rates to be We will refresh the model created in the original study, and discussion any proposed changes in approach from before. We will also request a copy of the City's updated cost allocation plan model or other available data and methodology used by the City for allocating internal overhead costs. A written request for data will be sent to the City. Please Note that Time Survey data Is not part of this request and will be gathered during the on-site interviews described in Task 5. We will request updated information and documentation on current fees and fee programs, activity levels, and budget and staffing information (to the extent not already available) related specifically to programs and activities which have associated fees, and for which the City has this level of detail. Deliverables: Wiiiden: Submit Information request to City. City., Provide requested data to Wilidan (prior to Task 3, Kick-off Meeting/Refine Scope). We will follow up with the City to confirm receipt of requested data and information, and highlight data elements that are outstanding. Objective: Wilidan will identify the updated schedule of fees and methodology for calculating the full cost of providing services. Description: Fused on the results of the initial document request and independent research, incorporate into our model the existing fees, provided by the City, to comprise the parameters of the fee study. Meetings: It is possible that a conference call with the City will be necessary, to discuss new fees to implement or existing fees that may no longer be required. Deliverables: Wilidan: One (1) draft list of current fees based on initial data provided (to be discussed and finalized during the kick-off meeting). City. Review completed fee schedule with comments/revisions to be discussed at kick-off meeting. 74A 3�: Kick-off MeetingiRefine ..- Oojective: Confirm project objectives. Identify and resolve policy issues typically raised by a fee study, address gaps in data, and refine appropriate existing or new fee categories (based on Task 2). Description: Verify our understanding of the City's goals, the City's cost -recovery policy for user fees, and to fill any gaps in data/information necessary for the project. It is important for the City and Wilidan to identify and address any foreseeable problems and maintain open communication throughout the process. During this call, we will ask that the City identify a project manager who will serve as the primary contact for the project. The project manager shall have responsibility for ensuring that all available data is provided in a timely manner, thereby maintaining adherence to the project's schedule. Nleetings: One (1) project kick-off meeting, to initiate the project, discuss data needs, and address policy issues. Dehverablo , Wiildan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy decisions (if needed). City: 1) Provide further data needs; and 2) determine/introduce City's project manager. t VComprehensive. Innovative. Trusted. 14 City of Santa Areca t ,User Fee Study City of Santa Ana I California Objective: Develop and test model. Description: This task involves updating the model developed for the original study, which will ultimately be used to calculate the updated departmental fees, based on data and information gathered in previous tasks and in the Time Survey Interviews described In Task 5. To ensure that City policies are met through the imposition of the calculated fees, the model will be formatted to Include appropriate costs. Key model inputs will include staff and allocated overhead costs per position, and relevant budget data on salaries and benefits, This information will be obtained directly from the City and incorporated directly into the user fee model. We will request clarification and/or additional data If necessary. The model will provide an allocation of administrative and overhead costs to fee related activities and departments providing services to customers, so that fees and billable rate schedules incorporate applicable costs. Furthermore, the fees and rates charged to customers will also reflect the cost of the services being provided, to the extent possible given policy and/or political considerations. Deliverables: Wilidan: One (1) user-friendly model in Microsoft Excel format, which, when finalized, City staff can use to calculate fee changes annually, or as often as deemed appropriate by the City Council. Xask 5' Time urvey Interviews On-site Information Gathering Objective: Meet with City staff to complete Time Surveys and understand service delivery processes. Descdptlon: In order to assist staff with the completion of the survey worksheets, we will schedule a full day of on-site meetings with staff; however, the number of meetings needed may very depending on the number of staff and departments involved. The Wilfdan Team will conduct interviews with supervisors/managers, as well as other staff, as deemed appropriate and/or necessary, from each department involved in the fee study to determine the average time required by City staff to provide each of the services for which a fee is collected. The fee model is designed so that full cost recovery fees are calculated immediately upon input of staff time. This will allow Wilidan and City staff to conclude with a final meeting to review the draft full cost recovery fees, and adjust any times as necessary, once all information has been compiled and Input into the fee model. We will schedule the interviews with staff to minimize any disruption to their normal workflow. Meetings: One (1) full business day of meetings/staff interviews, with one (`I) additional follow up day. Deliverables: Wilidan and City: Time surveys and draft full cost recovery fees. ObJective: Examine the user fees charged by comparable Orange County, or jurisdictions that are similar to the City of Santa Ana. Description: We will access and use our knowledge of other jurisdictions to benchmark the City's five (5) most common fees or highest yielding fees with comparable jurisdictions agreed. Fee schedules are rarely readily or directly comparable from agency to agency due to definitional and operational differences. For example, a grading permit in one jurisdiction may include the plan check service, while the same permit in another jurisdiction may not, resulting in similar sounding services with widely varying costs. For this reason, Wiildan takes a selection of the City's most commonly used and/or highest yielding fees. The survey will contain the following: r ' . Comprehensive. innovative. Trusted. 15 Cifyof5untaAna w ..:.' User Fee Study py of Sarna Ana i California ' • Comparison of common or similar fees and charges used by the City and other jurisdictions; • Current and proposed fees and charges unique to the City of Santa Ana; • Fees and charges used by other public entities not currently used in the City; and • If possible, identify characteristics and processes unique to the City that account for significant variances in fees and charges used by other jurisdictions. Deliverables: Wflldan: Recommendations provided in Task 8 will Incorporate the data gathered during our examination. Task 7. Data Analysis and Final User Fee Schedule Objective; Incorporate information obtained from on-site surveys to fully develop model. Descriptinn: We will update the model, based on information received during the on-site surveys, to generate a comprehensive user fee schedule. to addition, it is very common that a supplemental data request may be necessary, based on new fees identified that the City is not currently collecting. Where appropriate, we will suggest and discuss with staff alternate approaches to existing fee programs (i.e. building fees), and suggest potential areas where fees could be collected where they are not currently. We will present the full cost recovery level for fees, and revenue projections, given certain assumptions about the levels of subsidy for different fees. Cost will be calculated at reasonable activity levels, and include all appropriate direct and indirect costs and overhead. We will review fee programs for compliance with Propositions 218 and 26. The user fee data analysis and model development may fake three (3) to four (4) weeks with frequent correspondence with City staff to discuss current cost recovery amounts, necessary to recover full cost and frequency activity. We will analyze selected fees to examine the difference (if any) in their associated costs that might result from significant changes in the levels of service provided to customers — for example expedited or more in-depth plan check fees. Based on the discussions during those meetings, results will be updated as necessary to maintain focus with City goals and objectives. Meetings: Conference calls to finalize fee schedule. Delivera,blos: Wilidan: Final user fee model for City Council presentation and discussion. Prepare Draft Report Objective: Prepare draft report. Description: This task involves the preparation of the draft report that discusses the study's background, the methodologies utilized in the study, and the results and presentation to various stakeholder groups. As noted below, meetings may occur during this or the next task as appropriate. The calculations used to generate the user fee study will be included textually, as well as in easy to understand tables. Individual fee summaries by department and a comprehensive fee schedule will be included. The draft report will include the following: • Key results and findings; • Basic descriptions of each service; • The full cost of each service and current cost recovery levels; • Fee recommendations with associate levels of cost recovery; • Projections of potential fee revenue; • Costs broken down graphically into indirect and direct components, with a graphic display of the level of cost recovery; • Assessment of reasonableness of each City's costs; W..h10, 4 Comprehensive.Inmvative.7rustod, 16 City of Santa Ana 1 V` fuer Fee Study cityof Santa Ana i, caufornia a' • Common Fees Comparison survey; • Review of reasonableness of current consultant cost structure (for Building Division services); • As appropriate, recommend alternative methodologies for building permit fee calculation; and • Summary and recommendations. The objective of the report is to communicate the recommendation of appropriate fees, which include the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic. Based on City direction, we will also prepare single sheet rate justification breakdowns for up to 30 fees in various departments. These will be prepared so that City Staff can provide them to interested residents/customers to explain the methodology for a fee that is being paid. ivleetings: One conference call with City staff to discuss the draft report. Deliverables: W111dan: Draft report for City review and comment. City: Review of draft report, with comments and edits. Objective., Review of draft report and fee model. Description. Following the preparation of the fees and draft report, the goal of this task is to conduct an in- depth review and discussion of the draft report and model, and finally arrive at an optimum fee structure. Often through the course of an engagement, City staff will volunteer insightful likes and dislikes regarding the existing fee structure. We listen to this feedback carefully because your staff members know the community best Comments usually revolve around issues of: • Understandability; • Appropriate levels of cost recovery; and • Fairness to applicants; • Full cost recovery hourly rates. • Ease of calculation; When adjusting fee recovery levels, we believe it is important to address these concerns. Following one (1) round of comments from City staff on the draft report, we will prepare the final report for presentation to the City Council, Piieetingsr One (1) meeting with the City Council Subcommittee, and one (1) meeting with the City Council to present and discuss results of the study. Deliverables: Wiildan: draft report, revised draft /final report. tff�c�n Model Ob,>ec-bve: Prepare and present final report to City Council. Train staff on the operation and use of the model for future modifications. Description: This task is the cuimination of the entire project. Based on staff comments received regarding the draft report, we will prepare the final report for presentation. Mectings: One (1) meeting with City Council for adoption of the updated fees. We will also provide staff training on the operation and use of the model on the same day during regular business hours. C?elverables: Wllldan; We will provide up to ten (10) bound copies, one (1) unbound copy and one (1) electronic PDF file copy of the final report and model to the City. Using Microsoft Word and Excel, an updateable electronic copy of the study and model, including related schedules, will also be provided on CD/ROM. Comprehensive. Innovative. Tru>ted. 17 City of Santa Ana User Fes Study city of Santa Ana I California a w� City Staff suppot•t To complete our tasks, we will need the cooperation of City staff. We suggest that the City of Santa Ana assign a key individual to represent the City as the Project Manager who can function as our primary contact. We anticipate that the City's Project Manager will: 1) Coordinate responses to requests for data and information; 2) Coordinate review of work products; and 8) Help resolve policy issues. We will ask for responses to initial information requests in a timely manner. If there are delays on the part of the City, we will contact the City's Project Manager to steer the project back on track. We will keep the City's Project Manager informed of data or feedback we need to keep the project on schedule. In the completion of this project and our analysis, Willdan will endeavor to minimize any impact on City staff. Willdan will rely on the validity and accuracy of the City's data and documentation to complete our analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy, and that W iliden will not be responsible for any errors that result from inaccurate data provided by the client. Comprehensive. Innovative, l rUS ted. 18 City of Santa Ana �_ ._- UerFer�Study EXHIBIT B COMPENSATION The total compensation includes $29,835 as summarized in the Fee Proposal, and $6,165 for additional services which may be required and authorized by the City, for a not to exceed total of $36,000. City of Santa Anal i California Fee Proposal Used- Fee Study Based on our outlined work plan, we propose a not -to -exceed fixed fee of $29,835 for a User Fee Study. The table below provides a breakdown of this fee by task and project team member, C. Fisher T. Thrasher P. Patel R. Quaid Project Analytical Analytical QAITech Manager Support Support Advisor 11 Total 210 $ 130 $ 120 $ 165 ; Hours Cost of Services ask 1:- Initial Document Request - 2:0 -... - 2,0. $ 260 ask 2: Compile Inventory of Current and Potential Fees 1.0 L0 6,0 640 ask 3: Kick-off!Refine Scope.: 2.0 30 30 - &0 1,170 ask 4: Develop Comprehensive Fee Model 1.0 4.0 16.0 L0 22.0 2,815 ask S:. Time. Survey Interviews: and On-site Information Gathering - 12.0 14.0 - 14,0 - 40.0 8;020 ask 6. Common Fees Comparison 20 12,0 14.0 1,700 ask 7; Data Analysis and Final Fee and Rate Schedule 2.0 16.0 26.0 2.0 46.0 5,060 ask 8: Prepare and Present Draft Report (with meetings) 4.0 10.0 22.0 2.0 38.0 51110 ask 9: Revise Draft/Determine Cost Recovery Levels 8.0 14.0 8.0 2,0 '-32.0 4,7.50 ask 10: Prepare and Present Final Report/Model Treining (meeting) 3.0 0,0 9'01,410 ;Ruhtntal - 11ser Fp. Studv- - 39 0 79 n .105 0 76 916 0 $ 2q AR5 Labor Costs 32.8 72,6 166.6 7.8 1 216,6, $ 29,835. Notes, • There is no additional expense for a proprietary software program. • Our fee includes all direct expenses associated with the project. • We will invoice the City monthly based on percentage of project completed. • Additional services may be authorized by the City and will be billed at our then -current hourly overhead consulting rates, 0i Comprehensive, Innovative.Trusted- 1 City of Santa Ana User fee Study A City of Santa Ana I California Additiomil Services Hourly Rates Group Manager $ 210 Senior Project Manager. Senior Project Analyst Analyst 165 130 100 4 wi-j Comprehensive. Innovative. Trusted, 2 City of Santa Ana User ree Study EXHIBIT C CERTIFICATIONS City of Santa Ana i California Required Forms Non -Collusion Affidavit CITY Or SANTA ANA RFP NO.: 16-072 USER PEE STUDY NC2N-CCtLLUSIUN AFFIDAVIT (Title Ll United States Code Section 112 And Public Contract Code Section 7106) In conformance with Title 23 United States Coda Section 112 acid public Contract Code 7'106 the BIDDER declines; (Ind the bid is not made in the interest of, or on behalf of, any undisclosed person, Partnership, company, association, organization, or corporation; that ilia bid is Soluble and not collusiver or $limit; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to Pat in a false or shunt hK and has out directly or indirectly colluded, conspired, comilved, or asoned with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain &am bidding; that ilia BIDDER has Italia any marmar, directly or indirectly, sought by agreement, atiammincinion, or coriffestorice with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, prolit, oncost element of the bid price, or of That of any other BIDDER, or to secure any advantage agausit the public body awarding the contract of anyone interested in the proposed contract; that all sunterrumm contained in The bid are into; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thenarif, or the contents thereof, or divulged information or data relative thereto, or Paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any racrubor or agent theratif to c[Toctuate a cullimivo or ilium bid. Note: 'The above Noa•colhlsiocAffidavit is poll of the Proposal. BIDDERS are cautioned that nardillig a false certification may subject thit cortifier to criminal prcrsocuti Y"'" Signed I State o lifornia Couttly Of Subscribed and sNvdhqo (or affirmed) before me on this day of 20, by Notary Public Signature proved to Ind on the basis of satisfactory evidence to be the Public Seat Comprehensive. Innovative, Frusted. 24 City of Santa Ana 'I User Fee Study City cru Santa AnaI California CALIFORNIANotary Form ALL-PURPOSE ACKNOWLADOMENT CIVIL CODE § 1969 A nafary public or other after completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfalaes0, accuracy, of validity of that document. State of C County of On �i.�;:..{..:J� `.:.._.,.Voters me,.d.35.'.. ''..�;�.:la...... t.nrtl „ .u?�5.. Rata { Flare Insert Noma and rite at the H7aer personally appeared Names/ of Sign") who proved to me on the basis of satisfactory evidence to be the pars whose names) isisins - subscribed to the within Instrument and acknowledged to me that helactaftoy executed the same In histhe0l sir authorized cepeoily(le*and that 'byhis signature)s}onthe Instrument the persart(u}, or the entity upon behalf of which the person(i*acted, executed the Instrument. - p- commission ♦ 20065112 . : No" tests -Oastamix z RWeralae County so to Gomm. Na free Nor 7 20t0 I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seat. Signatur „ it fgnat ofNatary Put�Ac Place Notary Seat Above OPTttFAAI Though this section is optional, completing this finfr action can deter alferedan of the document or fraudulent reattachment of this fort to an unintended document Description of Attached Document Tina or Type of Ooeumentt �tt "i Document Date: ��r�- ..�L? Number of Pages. —I— Slgner(s) father Than Named Above: Capacity(hos) C i od Signe $�� Signer's Nana: �M!"Rr Signa Nama:� Corporate Officer -- Ti ta(s}:) pm .. LTOor e Officer — Titta(s): D Partner — 0 Limited 0 General n partner - "'. Limited 0 General Individual 17 Attorney In Fact Ci Individual M Attorney in Foot C Trustee C1 Guardian or Conservator; Trustee ,.. Guardian or Conservator u! Other: Other --,1 Signer Is Ropresanting. t a4 , -,,. _ Signer Is Representing. 02014 Attained Notary Association • www.NafonaiNotary.org . t -803 -US NOTARY (1.800-876.6 Item 45907 < ,„,. Comprehensive. Innovative. Trusted. 25 City of Santa Ana � � User Fee Study "city of Santa Ana i California Non -Lobbying Ceftification CITY Or SANTA ANA RFP NO.; 16-072 USER FEE STUDY I I F The prospective participant certifies, by signing and sulondaing this bid or proposal, to the beat oflus or bar knowledge and belief', that: (1) No Federal appropriated Ruldn have been paid or will be paid, by or on bei dr of file undersigned, to ally person for influencing or allempting to influence an officer or employee Of any Federal agency, a Member of Compass, an officer or employee or Congress, or an employee ora Majajber orcongroas it, connection will, fine awarding of, any Federal contract, the making of any redorat grant, tile making of Any Federal loot, the entering into or any cooperative atineemont, and tire extension, continuation, renewal, amendment, or modification of any Federal conlraot, grant, loan, or cooperoth� agreement, (2) If any 6nds other then Federal appropriated flun(k have been paid or will he paid to any person for influencing or attempting to Influence an officer or employee of any Federal aaaocy, a Member of Congress. an of"ficor or amployce of Congress, or an employee or a Member orconiftess in 'dome'lion with this Federal contract, grant, loan, or Cooperative agrearlern, the undersigned shall complete and submit Standard Form -ILL, "Disclosure orl,olloyms Activities," in conformance will, its instruations, Tills certification is a material representation of fact upon which reliance was placed when this transaction was made or entered ituo. Submission of this cenificatum is a prerequisite for m"lig or entering into this tramaction, imposed by Section 1352, 'ride 31, U.S, Code, Any person who Who to file die required certification shalt w subject to a civit penalty or not toss than SI0,000 404 1101,1110te that $t00,000 fore1c)) Sololl failure. 'lite prospective participant also agrees by subluirliag itis or her bid or proposal that lie or silo shall require that the language of tho, conification he included in all lawar tier subcontracts, which exceed $100,00'at all stjoll wr wi ' ts shall certify and disclose accordingly. Signori: Title! Firm: Date: vCornprehensivo. Innovative. TrUsted, 26 City of Santa Ana User Fee Study City'of Santa Ana i California Non-Discrir;as aita8: on Certification CITY OS' SANTA ANA RFP NO.: 10-072 USER FEF. STUDY NO„j- iDISCItiNIiNATjoN CI��RT,,,j rjc.,AT'lo& The undersigned consultant at corporate officer, during the performance of this contract, certifies as follows: 1. Ilse Consultant shall not discriminate against any employee or applicant for employment because of race. colas', religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion„ sex, or national origin, Such action shall include, but not be limited to, then following; employment, upgrading, demotion, or transfer; /recruitment or recruitment advertising; layoff or t'enninatiow sates or pay or other forms of compensation; and selection fortraining, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions ofthis nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, ,;late that all qualified applicants will receive consideration for employment. without regard to race, color, religion, ver,, or national origin. 3, The Consultant shall send to each labor union or reprewtitattive of -workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor anion or workers' representatives of the Cousalmlitas commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965; and of the rales, regulations, and relevant orders ofthe Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Fxecutive Order 1.1246 of September 24, 1965, and by rates, regulations, and orders of the Secretary of Labor; or pursuant thereto, and will pemait access to his/her books, records, ;and accounts by the administering agency and fie Secretary of Labor for purposes of investigation, to ascertain compliance with such roles; regulations, and orders. 6. In the event of the Consultant's non•com'pliance with the nondiscrimination clauses or this contract or withany of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended iii whole or in pati', and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such oilier sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by mile, regulations, or order of the Secretary or Labor, or as otherwise provided by law:. WCompreherisiva. Innovative, Trusted. 27 Cry of Santa Ann a . ,r, tlserFee Study City of Santa Ana I California Non -Discrimination Certification - Continued CITY OF SANTA ANA RFP NO.: 16.072 USER FEE STUDY 7, The Consaftwit shall include the portion of due sentence immediately preceding paragraph (1) mid the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,.1'763, se that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct 0.5 moues Of enforcing such provisions, including sanctions for noncompliance*, provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconaultant or vendor Ps a reach of such direction by the administering agency, the Consultant may request that the United States enter into such lifl&ption to protect die interests ofthe United States, S. pursuant to California Labor Case Sectiou 1735, 04 added by Chapter 643 Sun& I M, and as amended, no diurinduadoo shall be made in the employment of persons upon public works because of met, religious creed, color, national origin, ancestry, physical handicaps, martial condition, roftH1,111 status, Or $09 Of such persons, except as provided in Section 1420, and any consultant Of public works violating this Section is subject to all die penalties imposed for a violation of the Chapter. ------- Bison& Tide: Vice Preni at - I ---- Firm: Wildon Date: hula Comprehensive. Innovotive. Trusted. 28 My of Santa Ana User Fee Study EXHIBIT D ADDITIONAL PROVISIONS A R� CERTIFICATE OF LIABILITY INSURANCE �...../ DATE(MM11/031120162016 YV) 1 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ilea of such endorsement(s). PRODUCER AOD Risk Insurance services West, Inc, Los An eles CA Office 707 Wilshire Boulevard Suite 2600 CONTACT NAME: PNONE (g66) 283-]122 (800) 363-0105 (PIONBe, E,,1: aC, Na.): EMAIL ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER An National Fire Ins. Co, of Hartford 20478 Willdan Engineering 2401 East I(atella Avenue Suite 300 INSURER e: The continental Insurance company 35289 INSURERC: Lexington Insurance Company 19437 " Anaheim CA 92806 USA INSURER 0: ,V�. INSURER E: INSURER F: LEA COVERAGES CERTIFICATE NUMBER: 570064388BO54 RMVIRIf m MIIMMFR• THIS IS TO CERTIFY THAT THE POLICIES OP 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 16 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE 190 VD POLICY NUMBER MD EP Wern, Y'VVY I I LIMITS B X COMMERCIAL GENERAL LIABILITY Attn: City clerk 20 civic Center M-30) Santa Ana CA 9270202 VSAUSA EACH OCCURRENCE $1,000,000 ,V�. CLAIMEMAOE X❑ OCCUR E $1,000,000 PREMISES Me caamree MED EXP (Any one person) $15,000 PERSONAL& ADV INJURY $1.,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO X LOC JECT GENERAL AGGREGATE $2,000,000 PRODUCTS -COMPIOP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6020541619 11/09/2016 11 09 2017 COMeINEO SINGLE LIMIT $],000,000 Ric ecaldml BODILY INJURY (Par parson) ` % ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS IIREDAUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Par ealden) PROPERTYDAMAGE Parapaldent UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED1 RETENTION B e RKE SCOMPENSATION AND EIWORKERS ANY PROPRIETORI PARTNERI EXECUTIVE OrFICERIMEMSER EXCLUDED? (Mandatory In NH) DESCRIPTION OF OPERATIONS balow NIA 602264742211/09/201611/09/017 A05 6020541572 CA 11/09/2016 11/09/2017I X DTATUTE EI E.L. EACH ACCIDENT $1,000,000 E.J., DII EMPLOYEE $1,000,000 EA, DISEAS-POLIOYLIMIT1,,0000000 o Archit&Eng Prof 028174912 SIR applies per policy terns 11/09/2016 & condi 7/0/2017 ions Per Claim Aggregate $2,000,000 SIR $250,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks SchadUle, maybe attached Encore apace Is rDgQlmd) Re: To provide engineering services on an as -needed basis, Engineering services may include, but are not limited to, civil engineering, Glectrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture and landscaping design services and grant writing services. General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors are included as respects to General Liability. EI,INICE HREpIA CERTIFICATE HOLDER CANCELLATION ©1996.2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CY U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, city oPSanta Ana AUTFIORIZED REPRESENTATIVE Attn: City clerk 20 civic Center M-30) Santa Ana CA 9270202 VSAUSA gy RaA.dttE?tt,G a -Lys" ,V�. ©1996.2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CY U Policy Number: 5088210281 CNA -------- CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: L The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional Insured on this coverage part, Including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising Injury caused In whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused In whole or in part by your work and included In the products• completed operations hazard, and only If a. the written contract requires the Named Insured to provide the additional Insured such coverage; and It. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage Included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11.85 or 10-01 edition of CG2010 or the 10.01 edition of CG2037. 11. Subject always to the terms and conditions of this policy, including the limits of Insurance, the Insurer will not provide such additional insured with: A, coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The Insurance granted by this endorsement to the additional insured does not apply to bodily injury, property s damage, or personal and advertising injury arising out of: A. the rendering 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, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or _ B. any premises or work for which the additional insured is specifically listed as an additional insured on another - endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this Insurance Is required by written u rzr_vicw no Qv: uuNeca wi Ri u �_ tae a Y—' J _. _ Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this Insurance will be primary and non-contributory relative solely to Insurance on which the additional insured is a named Insured, V. Solely with respect to the Insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional Insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided In Paragraph IV, of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3, send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the Investigation, defense, or settlement of the claim; and 4. tender the defense and Indemnity of any claim to any other insurer or self Insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, If the written contract requires this Insurance to be primary and non-contributory, this paragraph (4) does not apply to Insurance on which the additional insured Is a named Insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the Insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2, the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and Is for attachment to the Policy Issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective data is shown below, and expires concurrently with said Policy, RFAEWj Y: —:I#_—=UN[ __. — UNICr FIFRF�I G of CNA C (Ed.d. 02/1 02/13) NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective, If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or Invalidate such cancellation, or Impose any liability or obligation upon us or the Agent of Record. CC68021A (Ed. 02/13) Policy No: 5088210281 Page 1 of i Endorsement No: N/A Effective Date: 11/09/2016 Insured Name: Copyright CNA All Rights Reserved. RFVIFWf-_D l3Y: EUPIICE FiErtGDIA (<1G OFW �— CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/20/2018 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services west, Inc. LOS Angeles CA Office 707 Wilshire Boulevard Suite 2600 CONTACT NAME: PHONE(866) 283-7122 FAX (800) 363-0105 (AJC. No. Ext): (A/C. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # LOS Angeles CA 90017-0460 USA INSURED INSURER A: Travelers Property Cas CO Of America 25674 wi l l dan Financial Services 27368 Via Industria INSURER B: Lexington Insurance Company 19437 INSURER C: suite 200 Temecula, CA 92590 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070486210 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD SUBR WVD POLICY NUMBER (MWDDQ= IMM1DDIYYYY1LIMITS A X COMMERCIAL GENERAL LIABILITY PbJUIJJbb586TIL17 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑OCCUR DAMAGEOR N $1,000,000 PREMISES Ea occurrence) MED EXP (Any one person) S15,000 X Employee Benefits Liability X Contractual Liability Included PERSONAL 8 ADV INJURY S1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,006 X POLICY PRO ❑ LOC JECT PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILELIABILRY P -810 -7j365332 -TIL -17 11/09/201711/09/2018 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLYAUTOS HIRENON-OWNED PROPERTYDAMAGE ONLY AUTOS ONLY Per accident) UMBRELLALIA6 EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED I RETENTION A WORKERS COMPENSATION AND PJUB9355881917 1:70-912017 11 09/2018 X PER STATUTE I OTH- ER EMPLOYERS' LIABILITY YIN E.L EACH ACCIDENT $1,000,000 ANY PROPRIETOR/ PARTNER I EXECUTIVE N OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 B Archit&Eng Prof 028174912 11/09/2017111/09/2018 Aggregate $2,000,000 SIR applies per policy terns & condiions Per Claim $1,000,000 SIR $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: User Fee Study; Prop 218 Sanitation Review. The City of Santa Ana, its officers, employees, agents and representatives are included as Additional Insured in accordance with the policy provisions of the General Liability policy. The General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. Should General Liability, Automobile Liability and workers' Compensation policy be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to c rtificate holders in accordance with the policy provisions. REVIEWED BY: EUNICE HEREDIA (PG I OF ) Ll O N m O 0 O r U) O Z m R V d U CERTIFICATE HOLDER CANCELLATION Qq: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Santa Ana AUTHORIZED REPRESENTATIVE Finance and Management Services Agency Purchasing Division L%� �s 20 Civic Center Plaza _-} Santa Ana CA 92701 USA �i ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: P6307J366586TIL17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited. as follows: In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that 'other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible 'other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 Of 2 REVIEWED BY: EUNICE HEREDIA (PG OF ) COMMERCIAL GENERAL LIABILITY L How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2008 The Travelers Companies, Inc. CG D4 14 04 08 REVIEWED BY: EUNICE HEREDIA (PG 6OF Gi ) POLICY NUMBER: P -810 -7J365332 -TIL -17 ISSUE DATE: 11-16-17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY- NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 @2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (P OF(9 ) POLICY NUMBER: P6307J366586TIL17 ISSUE DATE: 11/09/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 Days PERSON OR ORGANIZATION: As Per Written Contract or Agreement ADDRESS: PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PGP5oF ; POLICY NUMBER: PJUB9J55881917 ISSUE DATE: 11/09/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 Days PERSON OR ORGANIZATION: As Per Written Contract or Agreement ADDRESS: PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG ,e OF