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HomeMy WebLinkAboutNEIGHBORHOOD HOUSING SERVICES OF ORANGE COUNTY, INC. DBA NEIGHBORWORKS ORANGE COUNTY - 2017INSURANCES -01 ON FILE WORK MAY #.0 PROCEED N-2018-017 LERK OF COUNCIL TE- �r 1 2018 - DA ®, � � 1 CONSULTANT AGREEMENT COY � THINS AGREEMENT is made and entered into this 19`h day of September, 2017, by and between Neighborhood Housing, Services=,of Orange County, Inc. dba NeighborWorks Orange County, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The Santa Ana Public Works Agency was awarded a grant from the State of California for a program to address bicycle safety through a series of student bicycle safety education workshops and events. The goal of the program is to reduce the number of persons killed or injured in collisions involving bicycles. B. On January 12, 2017, the City issued Request for Proposal No. 17-018, by which it sought a consultant to provide such a bicycle safety program. C. Consultant submitted a responsive proposal that was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RIP No. 17-018 and that is attached as Exhibit A. D. 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 aprofessional consulting fu-minthefield. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide bicycle and pedestrian safety education services that are described in Exhibit A to this Agreement and incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $2.3,758.25. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work per -formed, subject to City accounting procedures, Payment need not be made for work which fails to meet the standards of peaforrnance set forth in the Recitals which may reasonably be expected by City. Page 1 of 10 3. TERM The term ofthis Agreement shall commence on the date stated above and continue for one (1) year, in accordance with the Schedule attached hereto as Exhibit C and incorporate herein by reference, unless earlier terminated as set forth in Section 14, 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 maimer in which Consultant performs the services required by 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 REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. 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 ituses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary anal/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 Page 2 oC 10 7. 9. 10, 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective runless it is in writing and sighed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 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 ofSanta 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 ofthis Agreement. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. CONFLICT OFINTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in anymamnor with performance of services. 11. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. ComrnercialGeneral Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not Page 3 of 10 be limited to protection against claims arising from bodily and personal injury, including death resulting theref-otn 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) naive the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 -awned automobiles. C. Worker's Compensation Insurance. In accordance with the California 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 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 aid shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a hilly executed additional insured endorsement. 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 Page 4 of 10 insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to 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. 12 INDEMNIFICATION Consultant agrees to defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify; hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding army action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 13. 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, 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 92702-1988 Page 5 of 10 Copiesto: Public Works Agency -Executive Director City Hall -Ross Annex -4th Floor 20 Civic Center Plaza (M-21) SantaAna, California 92702 To Consultant: NeighborWorks Orange County 128 E. ICatella Avenue, Suite 200 Orange, CA 92867 A party may change its address by giving notice in writing to the other party. Thereafter, any cormnunication 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. For piuposes of calculating these time fi-ames, weekends, federal, state, County or City holidays shall be excluded. 14. 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, th e Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this Agreement in strict observance and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety Grant Management Manual and as it may amended or updated throughout the term of this Agreement. c. Consultant certifies that it shall comply with the following regulations, as required by the State of California Office ofTraffic Safety: Page 6 of 10 d Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. e. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. f. Section 504 of the Rehabilitation Act of 1973 - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. g. Americans with Disabilities Act of 1990 - (ADA) Consultant ?mast comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. h. Political Activit- None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Batch Act". i. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub -recipients) will comply with the nondiscrimination requirements of the Omnibus Crime Control and Sate Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 1I of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments Page 7 of 10 of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CPR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit file findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. j. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable. k. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Copeland "Anti-ISickbaek" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CPR Part 3), as applicable. 1. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Davis -Bacon Act (40 U.S.C, 276a to 276a-7) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. in. Consultant, and all its contractors (or sub -recipients) will comply with all requirenients of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. n. Consultant, mud all its contractors (or sub -recipients) will comply with all applicable standards, orders or requirements issued Linder s e ction 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C, 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CPR part 15), as applicable. o. Consultant, and all its contractors (or sub -recipients) will comply with all. requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. p. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CPR Part 570, Page 8 of 10 q. Consultant agrees that the State of California Office of Traffic Safety shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. r. Consultant may not copyright any books, publications or other materials developed in the course of or under this Agreement. The federal awarding agency, State Administrative Agency (SAA) and City reserve any rights to copyright, reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA or City purpose any work developed through this Agreement. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachmaents hereto, the terms of this Agreemeizt 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 terns 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 are not embodied herein. 17. 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. 18, 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. 19. FIDES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. Page 9 of 10 N-2018-017 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any inj uries or darnages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ARIA D. H TZAR:_, Clerk of the Council APPROVED AS TO FORM: Cityy 0 - y VALHO City y By: _ RY O.. ODGE Attorney RECOMMENDED FOR APPROVAL: t�a ;t�'fz-rM FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODI Z lf— City Manager CONSULTANT Page 10 of 10 EXHIBIT A SCOPE OF WORK APPENDIX ATTACHMENT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR EDINGER AVENUE SAFE ROUTES TO SCHOOL PROGRAM RFP NO.: 17- 018 SCOPE OF WORK The Edinger Avenue Safe Routes to School Program at three public schools in the City of Santa Ana will focus on Education, Encouragement, Enforcement, and Non -Construction Engineering components that are in accordance with best practices in Safe Routes to Schools. Students will participate in a total of 12 workshops that provide education in safe urban cycling and basic bike mechanic skills and encourage ridership through group bike rides. The Edinger Avenue Safe Routes to School Program will educate students on safe urban cycling and basic bike repair skills. The program will encourage ridership by training students on how to ride on bike lanes individually and in groups. Once the program culminates, participating students will receive a certificate that identifies them as school bike ambassadors. Students will gain knowledge and experience related to bike safety measures and will be able to provide workshops to other students in their respective schools. The consultant will work directly with the following schools: (1) Carr Intermediate, (2) Valley High School, and (3) Godinez High School and will use a multi -faceted approach to accomplish the objectives of pedestrian and bicycle safety as effective ways to commute to and from school. The consultant is encouraged to introduce new ideas and activities related to educating students, faculty, and parents about pedestrian and bicycle safety. This program will be accomplished through the following tasks, which include but are not limited to: Task 1: Safe Urban Cycling Workshops— The consultant will be responsible for scheduling and conducting four (4) safe urban cycling workshops at each school over the contract period for the Edinger Avenue Safe Routes to School Program. The consultant will be required to provide the City of Santa Ana with a scope of educational activities and materials such as web resources, brochures, newsletters, and walking/biking safest route maps. Safe urban cycling workshops will be taught both in English and Spanish; these workshops are designed to increase bicyclist's safety awareness of common car/bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a bicycle. Additionally, the rights and responsibilities of cyclists must be discussed during the Safe Urban Cycling Workshops and Group Bike Rides in order to help increase the number of cyclists riding safely and legally. The workshops will also offer students a theoretical explanation of vehicular cycling principles supported by relevant examples of safe cycling using audio/visual and group learning techniques. Students are required to complete the workshops prior to participating on the Group Bike Rides, Task 2: Basic Bike Mechanic Skills Workshops— Five (5) basic bike mechanic shills workshops will be conducted for each participating school. The main objective of these workshops is to teach and prepare students on how to respond in case of fiat tires and/or City of Santa Ana RFP 17- 018 Page 1 0 any other bike mechanical issue. The consultant must provide instructional videos and educational materials related to repair and maintenance of bicycles; as well as hands-on opportunities to work on bicycles. The consultant will be required to inform students about the different locations of bicycle parking along the safe routes to school; as well as, to show how bicycles are safely locked. The completion of the Basic Bike Mechanic Skills workshops is also a prerequisite for attending the Group Bike Rides. These workshops will provide practical application of the theoretical element to give each student fundamental knowledge and understanding of maintaining and repairing flat tires and bike mechanical issues in order to improve safety and prevent accidents. Following each workshop, surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future Safe Routes to School workshops. The data collected by conducting surveys will allow the City to monitor and evaluate objectives and results of its Bicycle and Pedestrian Initiatives. Task 3; Group Hike Rides— The selected consultant will be responsible for scheduling and conducting three (3) Group Bike Rides with participants from all three participating schools. The Group Bike Rides are opportunities to put into practice the knowledge gained during the Safe Urban Cycling and Basic Bike Mechanic Skills workshops. The main goal of this task is to encourage and increase safe youth bike ridership. Group Bike Rides will allow the consultant to teach and train students about Santa Ana City Complete Streets concepts, design, and safety policies and regulations. Riding bikes in group will teach students how to properly ride on bike lanes, to identify safe bicycle routes and parking in the area, and to effectively respond in case of an emergency or bike mechanical issue. The consultant will be responsible for providing 30 helmets, used bikes, U lock, and lights and for demonstrating how to use and operate these items. Additionally, the consultant will be required to provide cones, vests, reflective gear, patch kits, and water bottles during the Group Bike Rides. Finally, the consultant will be in charge of conducting surveys after each group bike ride in order to collect data that shows students' input on how to improve and enhance the Santa Ana City's Safe Routes to School Program. ------ _T —_� City of Santa Ana RFP 97- 0113—i-------�— Page 2 EXHIBIT B SCHEDULE OF FEES AND CHARGES MITI 06 , VID O'g MR , 11�4 1 Alga�roi-51 r I M 43 kkkkkk ;wmod NOM M,� 21i",ft V a WIN �X iU, Am 10, MW 4,1�111 M,r s g U � 01 W 0 REVE U "lip u "Ird 0 16 mot,Wl 0 t% Ru 93- 3 vK LL- C) 10 EXHIBIT C SCHEDULE ; �1� li' '■' ilii ii �Not • 111E JI®x.11 11� i ? ;11 1� long . lit 11 1111 N Z._4iAl 114 II■11 .■.. 11 1_ VIN111 .■■jjg .11 ME IRV"] 1W■■■■■ ■ I1 lot" I 11n 1 i :111111 `;41111 11 • 111 111111 111 111 1111 11 11 1 I Client#: 24737 NEIGHOUS1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TYPE OF INSURANCE 5/12/2017 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: King Marsh & McLennan Agency LLC PHONE FAX 858-909-9840 A/C, No, Ext): 858-587-7521 A/ C, No Marsh & McLennan Ins Agency LLC E-MAIL rose.king@barneyandbarney.com PO Box 85638; CA Lic #OH18131 PREMISES Eaoccurrence $1,000,000 San Diego, CA 92186 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity Insuranc 18058 INSURED INSURER B Neighborhood Housing Services of Orange PRODUCTS - COMP/OP AGG $3,000,000 County, Inc. dba NeighborWorks Orange INSURER C: JAUTOMOBILE X I 128 E. Katella Avenue, Ste 200 INSURER D: Orange, CA 92867 INSURER E: 05/14/201(CEO, MINED accideniSINGLE LIMIT 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LTR TYPE OF INSURANCE INSR BR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X PHPK1649725 5/14/2017 05/14/2018 EACHOCCURRENCE$1 000 000 PREMISES Eaoccurrence $1,000,000 MED EXP (Any one person) $20 000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - 7 POLICY F1 ECT F7LOC OTHER: GENERAL AGGREGATE $3,000,000 PRODUCTS - COMP/OP AGG $3,000,000 $ A JAUTOMOBILE X I LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS PHPK1649725 5/14/2017 05/14/201(CEO, MINED accideniSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PHUB582884 5/14/2017 05/14/201 EACH OCCURRENCE $10.000.000 AGGREGATE $10 000 000 DED I X RETENTION $10000 $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Occurence Form PHPK1649725 5/14/2017 05/14/2018 $1,000,000 Each Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) REVIEWED BY: EUNICE HEREDIA (PGI OF City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 ACORD 25 (2014/01) 1 of 1 #S1226497/M1226444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LOPG INSURED; Neighborhood Housing Services of Orange POLICY ##: PHPK1649725 POLICY PERIOD: 05/14/2017 TO 05/14/2018 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule; but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance 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. CG 20 26 0413 be shown in the B. 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 we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of i REVIEWED BY: EUNICE HEREDIA (PG2-OF�j)