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HomeMy WebLinkAboutKEYSER MARSTON ASSOCIATES (2)1uSURANCE ON FILE WORK MAY PROCEED UNTIL INS M NC- XPIRE5 CLERK 0 CO NCIL DATE SEP 12 2018 ®` cvA, I,') CONSULTANT AGREEMENT A-2018-203 THIS AGREEMENT, 'made and entered into this 2111 day of August, 2018, by and between Keyser Marston Associates, Inc. (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, and the Housing Authority of the City of Santa Ana (hereinafter collectively referred to as the "City"). RECITALS A. The City desires to retain a professional consulting firm to provide financial, analytical and advisory services for general multifamily affordable housing; general single family affordable housing program financial and analytical services; multifamily and/or single family bond issuance financial and analytical services; and financial analysis pertaining to the Cit'y's Housing Opportunity Ordinance. Accordingly, on May 22, 2018, the City issued a Request for Qualifications (RFQ 4-18-046,) for Affordable Housing Financial, Analytical and Advisory Services attached hereto as Exhibit A and incorporated herein by reference. B. Consultant represents that Consultant is able and willing to provide such services to 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: L. SCOPE OF SERVICES Consultant shall provide affordable housing financial, analytical, and advisory services, as set forth in more detail in the Consultant's Proposal attached hereto and incorporated herein as Exhibit B. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to the City any work product that results from the services provided, with the exception of Consultant's proprietary computer models. In regard to all eopyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, and drawings, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials, excluding proprietary computer models. 3. 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 (Fee Schedule). The total sum to be expended under this Agreement shall not exceed two -hundred thousand dollars ($200,000.00) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice, including a detailed breakdown of the services and tasks performed, hours and hourly rates related to performance of those services and tasks, subject to City accounting procedures. e. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. In the event that the City disputes a portion of Consultant's invoice, any sums not in dispute shall be remitted to Consultant. 4. TERM This Agreement shall commence on the date first written above and terminate on August 20, 2021, unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 5. 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. 6. 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. Commercial General 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 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 the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City General Counsel. (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. f. If Consultant faits 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 shalt not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent performance of services of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal 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 any 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 Consultant's negligence or willful misconduct on the performance of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. rd 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic commrmication in the manner provided in this Section, to the following persons: To City: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 City of Santa Ana Executive Director of Community Development Agency 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacshnile (714) 647-6515 To Consultant: Keyser Marston Associates, Inc. 500 S. Grand Avenue, Suite 1480 Los Angeles, CA 90071 Phone: (213) 622-8095 FAX: (213) 622-5204 A party may change its address by giving notice in writing to the other party. Thereafter, commmvcation 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 purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. It. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any 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 5 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 nor 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. 12. 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 mill 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. 13. 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 City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product, with the exception of Consultant's proprietary computer models, 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. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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 0 proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. DISCLOSURES AND DISCLAIMERS City acknowledges and agrees that: (i) Consultant is not advising or recommending any action be taken by the City with respect to any prospective, new or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms and other similar matters concerning such financial products or issues); (ii) Consultant is not registered with the U.S. Securities and Exchange Commission ("SEC") as a municipal advisor; and (iii) Consultant is not acting as a municipal advisor to City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in Consultant's work product. City represents that: (i) City is not looking to Consultant to provide, and City shall not otherwise request or require Consultant to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); and (ii) The provisions of this contract and the services to be provided hereunder are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended, and the rules and regulations adopted thereunder. 7 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �r -D, M/12 �g MARIA D. HUIZAR Clerk of the Council ATTEST: MARIA D. I�IUIZAR Recording Secretary APPROVED AS TO FORM: SONIA R 9ARVALHO City AjdO Y 0 Counsel Consultant g� / By: Kathleen Head Managing Principal/Vice President Tax ID # 94-2363741 CITY OF SANTA ANA RAUL GODINE .II ti City Manager HOUSING AUTHORITY OF THE CITY OF SANTA ANA STEVEN A. MENB ZA Executive Director 0 EXHIBIT A REQUEST FOR QUALIFICATIONS (RFQ #18-046) 10 EXHIBIT A REQUEST FOR QUALIFICATIONS (RFQ 918-046) 10 REQUEST FOR QUALIFICATIONS AFFORDABLE HOUSING FINANCIAL, ANALYTICAL CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Judson Brown Housing Division Manager (714) 667-2241 Office (714) 647-6549 Fax 7brownt_a" ..santa-ana.ora KEY R,,,,,..,_FQ DATES Issue Date: Tuesday, May 22, 2018 Proposal Due Date: Tuesday, June 5, 2018 at 5:00 P.M. City of Santa Ana Community Development Agency Request for Qualifications — Affordable Housing Financial, Analytical and Advisory Services Page 1 NOTICE INVITING QUALIFICATIONS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Affordable Housing Financial, Analytical and Advisory Services. Responses to this Request for Qualifications (RFQ) will be accepted until Tuesday, June 511. 2018 at 5:00 P.M. If further information is required, please contact Judson Brown, Housing Division Manager, at (714) 667-2241 or jbrown ,santa-ana,org. MAILED, E-MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows: Attention: Judson Brown, Housing Division Manager City of Santa Ana Community Development Agency (61h Floor) 20 Civic Center Plaza, M-26 Santa Ana, CA 92701 jbrown rd sa nta-a n a. o rq It Is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Qualifications shall be made in writing via e-mail to Judson Brown at ibrownp—santa-ana.org. The receiving time at the Front Desk of the City of Santa Ana Community Development Agency, 6tn Floor, 20 Civic Center Plaza Santa Ana CA 92701 will be the governing time for the receipt of proposals or the e-mail receipt date. Late Proposals will NOT be considered and will be returned to the proposer unopened. TELEGRAPHIC ELECTRONIC AND FACSIMILE PROPOSALS WILL NOT BE ACCEPTED ONLY SEALED RFQ RESPONSES ARE ACCEPTABLE DO NOT FAX RFQ RESPONSES City of Santa Ana Community Development Agency Request for Qualifications - -Affordable Housing Financial, Analytical and Advisory Services Page 2 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) PAGE I. INTRODUCTION 4 II, PERIOD OF CONTRACT 4 III, SCOPE OF WORK / SERVICES 4 IV, GENERAL INFORMATION 4 V. CONTRACTOR RESPONSIBILITIES 5 VI. INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE 5 VII. RULES FOR PROPOSALS 6 Vill. E-MAIL COMMUNICATIONS AND INTERPRETATIONS / 6 CLARIFICATIONS IX. ADDENDA 6 X. SUBMITTAL INFORMATION AND DEADLINE 6 XI. MINIMUM QUALIFICATIONS 6 XII. SUBMITTAL REQUIREMENTS 7 , XIII. CONTRACTOR SELECTION — SCORING AND EVALUATION 8 XIV. PUBLIC RECORDS 8 XV. FILING A PROTEST g EXHIBIT A SCOPE OF SERVICES 10 EXHIBIT B PROPOSERS STATEMENT AND FEE SCHEDULE 13 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL 14 GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES EXHIBIT D REFERENCES AND RELEVANT WORK HISTORY 15 EXHIBIT E PROPOSAL AND CONTRACT AGREEMENT — PROPOSERS 17 STATEMENT EXHIBIT F PROPOSAL AND CONTRACT AGREEMENT —CERTIFICATION 18 OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G NON -COLLUSION AFFIDAVIT 20 City of Santa Ana Community Development Agency Request for Qualifications — Affordable Housing Financial, Analytical and Advisory Services Page 3 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) INTRODUCTION The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing this Request for Qualifications (RFQ) for Affordable Housing Financial, Analytical and Advisory Services from professional consulting firms to provide financial analytical and advisory services for general multifamily affordable housing financial advisory services; general single family affordable housing program financial analytical services; multifamily and/or single family bond issuance financial advisory services; and the City's inclusionary Housing Program financial analysis. The scope of work may Include any and all work efforts related to EXHIBIT A— SCOPE OF SERVICES. 11. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the Agreement, the agreement term shall be for a period of up to three (3) years. The agreement term is anticipated to commence after City Council award of this agreement and upon receipt and approval of all required insurance documents. The term of this Agreement shall have provision for three (3), one- year renewal options exercisable by the City Manager and City Attorney unless the City notifies the Consultant in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. III. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Affordable Housing Financial, Analytical and Advisory Services per EXHIBIT A— SCOPE OF SERVICES The Contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules, The Consultant shall be knowledgeable of and comply with federal, state and local regulations, including but not limited to the California Health and Safety Code and the Santa Ana Municipal Code. IV. GENERAL INFORMATION A. The term of the contract will begin after the contract is awarded by the City Council. City of Santa Ana Community Development Agency Request for Qualifications — Affordable Housing Financial, Analytical and Advisory Services Page 4 B, When determined appropriate, the City will provide information in Its possession relevant to preparation of required information in the K'FW. The Uity will provide only the stall assistance and documentation specifically referred to herein. C. The Contractor shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City, D. This RFQ does not commit the City to pay costs incurred in preparation of a response to this RFQ. All casts Incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to the award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of a proposal in part of In Its entirety or to waive any informality or technical defect in a proposal. E. All data, documents and other products used, developed or produced during response preparation of the RFQ will become property of the City. All responses to the RFQ shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFQ and the City reserves the right to reject any subcontractor(s). Subcontractor(s) shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractor(s). V. CONTRACTOR RESPONSIBILITIES The selected Contractor will assume responsibilities for all services in its proposal. The selected Contractor shall identify a sole point of contact for contractual matters, including payment of any and all charges resulting from the Agreement. VI. INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE CGL (Commercial General Liabilitv)-- CGL Insurance is required when the Consultant will be performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence with $2,000,000.00 in the aggregate policy is required. The certificate of Insurance must provide 30- day notice of cancellation or material reduction in policy limits. Additionally, the City of Santa Ana and the Housing Authority of the City of Santa Ana, its officers, agents, volunteers and employees shall be named as an additional Insured via an additional insured endorsement. The additional insured endorsement, attached as Exhibit C, shall provide that the Consultant's insurance is primary to any insurance or self-insurance carried by the City as well as a separation of insured's clause. Automobile - Automobile insurance is required when the Consultant will be driving from one City site to another City site in a non -City vehicle. A $1,000,000.00 per occurrence policy for owned, hired and non -owned automobiles is required. Worker's Compensation — In accordance with the provisions of Section 3300 of the California Labor Code, any Consultant with employees must maintain employer's liability insurance with limits not less than $1,000,000.00 per accident. Worker's Compensation is not required for sole proprietors or a City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page S partnership with no employees. However, these Consultants must complete a "Worker's Compensation Declaration.' Phis form may be obtained lrom City stall. Professional LIabllitV — Professional liability insurance is required for state licensed professionals, such as, engineers, architects, CPAs, attorneys and medical professionals. A $1,000,000.00 policy Is required. City Business License - The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. Vil. RULES FOR PROPOSALS The signer of the RFQ must declare in writing that the only person, persons, company or parties interested In the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer, Vill. E-MAIL COMMUNICATIONS AND INTERPRETATIONS / CLARIFICATIONS To facilitate the RFQ process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein including the Scope of Services. Every request for such an interpretation must be made in writing via e-mail to Judson Brown, Housing Division Manager, no later than Tuesday, May 29, 2018 at 5:00 p.m. Significant interpretations or clarification will be made by an addendum to this RFQ, which will be posted to the website. Addenda may become part of the agreement documents. IX. ADDENDA If clarification or interpretation of this RFQ is considered necessary by the City, a written addendum shall be issued and the information will be posted on the City's website at Wt L.1/www.santa- ana.orq/bids-rips/. It is the responsibility of each proposer to periodically check the City's website to ensure that they have received and reviewed any and all addenda to this RFQ, X. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting Proposals. Faxed proposals will not be accepted. X1. MINIMUM QUALIFICATIONS The following are the minimum qualifications to be considered as an eligible candidate to submit proposals for the requested services described In this RFQ. Proposers shall have a minimum of five (5) City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 6 years recent experience in providing financial analytical and/or advisory services for affordable housing projects. Nroposers shall nave a minimum of live (b) years of recent experience working with affordable housing projects and various funding sources (i.e. HOME Investment Partnerships Program (HOME) funding, Community Development Block Grant (CDBG), Low -Income Housing Tax Credit, bond financing). XII. SUBMITTAL REQUIREMENTS The RFQ is intended to assess and evaluate each firm's capabilities as they apply to the proposed services. Each firm must address each of the fallowing items in its response to the RFQ: 1) Statement of Qualifications — In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM OF 25 PAGES (excluding front and back covers). The page limitation includes all appendices, attachments and supplemental information. The following information is required: a) Cover Letter: A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b) Organizational Background: A brief description of the consultant's firm, including the year the firm was established, type of organization (partnership, corporation, etc.), and a statement of the firm's qualifications for performing the subject consulting services. c) Scope of Services: Include a detailed description of the components of housing financial analytical and/or advisory services. d) Firm or Personnel Experience: A profile of the firm's experience, personnel and history relating to the scope of work identified in Exhibit A — Scope of Services. Include a description of the company profile, including range of the firm's capabilities and service. In addition, provide the names of all personnel who will be assigned to this project, their education and previous experience. e) Relevant Experience: List of financial analytical and/or advisory services which your firm or personnel have completed within the last five (5) years. Information should include project description, year completed, client name, along with-a-person-to..contact-and his/her telephone number. f) Sub consultants: Identification is required of any contemplated sub consultants to be used, with the identification of personnel to be assigned, their qualifications, education, and representative experience. g) References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFQ. h) Fee Schedule: The fee schedule shall include the hourly rates for each personnel category to be used on the project and/or fee for each type of service. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. The fee schedule shall include the proposed fees and timeframe for the completion of (1) a subsidy layering analysis for an affordable multi -family project; and (2) financial advisory services for a multi- family bond issuance. 2) EXHIBIT B —PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING 3) EXHIBIT C — ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY (NOT REQUIRED UNTIL AFTER CONTRACTOR SELECTION) City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 7 4) EXHIBIT D —REFERENCES AND RELEVANT WORK HISTORY (PAST 10 YEARS) 6) EXHIBIT E —PROPOSAL CONTRACT AND AGREEMENT— PROPOSERS STATEMENT 6) EXHIBIT F —PROPOSAL CONTRACT AND AGREEMENT —CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 7) EXHIBIT G— NON -COLLUSION AFFIDAVIT Submittal of Proposal: • Five (5) copies of the response to the RFQ shall be signed by a company official with the power to bind the company, • One 1 co of the submittal on a USB Flash Drive. • Structure your proposal to include the Scope of Service response, Implementation Schedule, Fees / Contract Price and Exhibits. The proposal must be completely responsive to the RFQ The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFQ or otherwise. XIII. CONTRACTOR SELECTION— SCORING AND EVALUATION The criteria for evaluating the proposals submitted will take the following items Into consideration: POINTS EVALUATION CRITERIA 35 Qualifications and Company Experience 30 Demonstrated and Relevant Affordable Housing Experience 35 Fee Schedule 100 TOTAL POINTS City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 8 The piuposais will Ue reviewed by a conuuitiee of Gity staff meuobers. llie corrnniuee will evaluata Proposers based on their response to the RFQ. A final score will be calculated for each submitted proposal and used to rank the proposers. The most responsive proposers will be informed after the scoring and evaluation is complete. The committee will recommend award of the contract to the proposer who will provide the best quality service to the City. The City reserves the right to negotiate pricing and for additional interviews. The City will notify the successful firms by email of invitation for a final oral interview and/or award, XIV. PUBLIC RECORDS Proposals will become public record after award of agreement. Interested offerors may submit a written request, with a self-addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to: City of Santa Ana Community Development Agency, Attn.: Judson Brown, Housing Division Manager, 20 Civic Center Plaza M-26, Santa Ana, CA 92701. XV, FILING A PROTEST Bidders may file a "protest" with the City's Community Development Agency — Housing Division. In order for a vendor's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFQ posted date or before 5:00 p.m. of the 5th business day following the posting of RFQ results/Notice of Intent to Award Contract on the City's website; 2, Clearly Identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4, Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Housing Division Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Housing Division Manager will provide a written decision to the protestor within fourteen (14) calendar days from receipt of protest. The decision from the Housing Division Manager, or her/her designee, Is final and no further appeals will be considered. City of Santa Ana Community Development Agency Request for Qualifications — Affordable Housing Financial, Analytical and Advisory Services Page 9 EXHibIT A CITY OF SANTAANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) SCOPE OF SERVICES INTRODUCTION The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing this Request for Qualifications to provide affordable housing financial, analytical and advisory services for various affordable housing programs and projects. The City and the Authority administer a variety of programs for developing affordable housing funded by federal, state and local sources. These include affordable housing funded by the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Grant (HOME) Program, Neighborhood Stabilization Program, Project -Based Voucher (PBV) Program, Low and Moderate Income Housing Asset Fund (LMIHAF), local Inclusionary housing funds, and housing revenue bond financed programs. In order to enhance its financial capacities as a lender, the City and Authority are seeking proposals from affordable housing financial, analytical and advisory firms interested in providing their services in the following areas: (1) General multi -family affordable housing financial, analytical and/or advisory services; (2) Multi -family and/or single-family bond issuance financial advisory services; (3) Inclusionary housing financial analysis and advisory services. II. Scone of Work The City and the Authority intend to contract with one or more Financial Advisors to serve in a full - service capacity for purposes of advising the City and Authority, as needed, on all financial matters and programs of work involving affordable housing. The City of Santa Ana provides financing to affordable housing projects within the City through the use of the CDBG Program, HOME Program, Neighborhood Stabilization Program, PBV Program, LMIHAF, and local Inclusionary housing funds. As part of these projects, the selected consultant may be asked to: Perform financial analyses In connection with affordable and mixed -income projects with a variety of affordable housing financing sources, including affordable and market - rate rental housing, and affordable and market -rate ownership housing. Perform financial analysis and/or subsidy layering analysis for the structuring of the City's multifamily affordable housing development projects. Analysis should be completed to satisfy funding requirements, such as the HOME Program. Assist in compiling and analyzing general economic data regarding housing. City of Santa Ana Community Development Agency Request for qualifications — Affordable Housing Financial, Analytical and Advisory Services Page 10 t'6durrzt analyses ill reiation it) the City's Hou6mq Oppuitumly Oiciir:ancu anu inclusionary housing fund. Complete subsidy layering analysis for multi -family projects. Review construction budgets for multi -family projects. Conduct annual financial oversight of HOME Projects. Review Capital Needs Assessments, Attend City Council, Housing Authority, and/or Community Redevelopment and Housing Commission meetings, as needed, The Authority issues tax exempt mortgage revenue bonds for the purpose of developing or preserving affordable housing within the City, These bonds are considered "conduit" obligations, While the Authority issues the bonds, the project owner Is always the borrower and has sole responsibility for repayment. There can be no recourse to either the Authority or the City. The Authority requires the services of highly qualified and experienced financial advisors to insure that these issuances are fiscally sound, that they protect the interests of both the City and the Authority, and that they meet all applicable requirements of Federal and State law. Of particular importance is the ability of the selected firm(s) to provide quality services at reasonable cost with the objective of protecting the Authority's and the City's interests and their affordable housing objectives through partl6pation only in transactions which applicable standards of fiscal prudence. The services will include, but not be limited to, the following: Preparation of a feasibility analysis to determine whether It is economically advisable to proceed with any given bond issuance. The analysis will include but not be limited to an evaluation of the financial strength of the proposed project, including its projected income and expenses, an evaluation of any additional sources of security for the bonds In addition to the project that may be required or advisable, and an evaluation of the developer's financial condition and experience. Identification, analysis and recommendations on all substantive matters pertinent to the proposed transaction, including advice in areas of industry -specific knowledge that may affect the financing and the interests of the City and the Authority. Assessment of the optimal use of housing assistance programs and funding sources that may be available in connection with a particular bond financing. These may include but not be limited to HOME Program funds, Low Income Housing Tax Credits, other federal and state programs, and local programs such as the City's inciusionary housing funds that may be available. Assistance in preparation of legal documentation for the financing. Participation in all meetings prior to the bond issuance. Assistance In the preparation and presentation of reports on proposed financing to the City and the Authority. • Assistance in review and decision -making with respect to issues that may arise after the issuance of the bonds and construction of the project. Upon request, recommendations and advice regarding the City's and the Authority's policies and procedures relating to affordable housing. City of Santa Ana Community Development Agency Request for Qualifications --Affordable Housing Financial, Analytical and Advisory services Page 11 Guntlnuing lugai advice, as needuu and requested, odncuming any autiuris necessary to insure the continuing tax exempt status of the bonds, and to protect the interests of the City and the Authority, The City Attorney's Office will at all times serve as the City's and the Authority's own legal counsel in all matters respecting these tax exempt bonds. Bond counsel will be required to work with the City Attorney's Office in its conduct of these services. Payment of fees will require its approval. Responding firms are encouraged to review this Scope of Services, and to recommend any additions they might see as appropriate. City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 12 lii BL iNuLUDED IN i'irLOP0,SAL EXHIBIT B CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE Certification — I certify that I have read, understand and agree to the terms and conditions of this Request for Qualifications. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work requirements. I am familiar with all of the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. LEGAL NAME OF COMPANY PHONE AND FAX NUMBER BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE EMAIL ADDRESS FEDERAL 10 NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 13 EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2, With respect to claims arising out of the operations and uses performed by or an behalf of the named Insured, such insurance as is afforded by this policy Is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in `\ coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as part of Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 14 iU BE INCLUDED iiq PROPOSAL EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) List and describe the contracts performed by your firm which demonstrate your ability to provide the services Included in the scope of services. Attach additional paces if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Address: Contract Amount: Description of services provided: Reference No. 2 Customer Name: Address: Contract Amount: Description of services provided: Contract Individual: Phone Number: Facsimile Number: Year: Contract Individual: Phone Number: Facsimile Number: Year: City of Santa Ana Community Development Agency Request for Qualifications -- Affordable Housing Financial, Analytical and Advisory Services Page 15 Reference No. 3 Customer Name: Address: Contract Amount: Description of services provided: Contract Individual: Phone Number: Facsimile Number: Year: City of Santa Ana Community Development Agency Request for Qualifications — Affordable Housing Financial, Analytical and Advisory Services Page 16 TO be INCLUDED IN PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana (hereinafter "the City") shall constitute the entire agreement between proposer and the City only after it has been accepted by the City, endorsed by the Clerk of the Council with his/her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and the City's legal holidays), or the funds, check, draft, or proposer's bond substituted In lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Owners, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFQ. SIGNED AND PRINTED NAME TITLE DATE — City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 17 TO BE INCLUDED IN PROPOSAL EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows; 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or any other protected class. The Contractor 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, national origin or any other protected class. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or any other protected class, 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall past copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, in the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies Invoked as City of Santa Ana Community Development Agency Request for qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 18 pruvided in Lxecuiivu urdc:r I i24 i of September 24, 1965, or' by rulo, ieguiauuj s, or urdur ul the Secretary of Labor, or as otherwise provided by law. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and 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, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Contractor may request that the United States enter Into such litigation to protect the Interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class, except as provided In Section 1420, and any Contractor violating this Section Is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME DATE City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 19 `(O 6E iWGLUULU IN PROPOSAL EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA, In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid Is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly Induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, 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 member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this who appeared before me. Notary Public Signature day of , 20 , by proved to me on the basis of satisfactory evidence to be the person(s) Notary Public Seal City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 20 EXHIBIT B CONSULTANT'S PROPOSAL 11 :KEYSE R. MAIZSTON ASSOCIATES. ADVISORS IN VOIn IC/PRIVATE REAL ESTATE DWVrL0VMENT June 05, 2018 AnVIsom m Real Estate Redevelopment Affordable Housing Economic Development Judson Brown Housing Division Manager SAN FRANCISCO A. ferry Keyser Cityof Santa Ana Timothy C. Kelly Kate Earle Funk Community Development Agency (61 Floor) Debbie M. Kern David Doezema 20 Civic Center Plaza, M-26 LOSAietwues Santa Ana, California 92701 Kathleen H. Head James A. Rabe Gregory D. Soor Kevdn E. Engstrom om Re: Request for Qualifications for Affordable Housing Financial, Analytical and Julie L. Roney Advisory Services SAN 01200 Paul C. Marra Dear Mr, Brown: Keyser Marston Associates, Inc. (KMA) is pleased to submit thus proposal to the City of Santa Ana and the Santa Ana Community Development Agency (collectively referred to a, the "City") request for qualifications to provide affordable housing financial, analytical and advisory services (RFQ), Specifically, KMA is proposing to provide financial and analytical assistance with multifamily and single-family housing projects and programs; bond issuance advisory services; and financial analysis of projects subject to the City's Inclusionary Housing Program. KMA is a full -service real estate, financial, and economic consulting firm with a specialization in affordable housing services, KMA brings in-depth expertise in a variety of financing techniques such as tax-exempt multifamily bonds, Low Income Housing Tax Credits, New Market Tax Credits United States Department of Housing and Urban Development (HUD) assistance sources, financing programs offered by the California Housing and Community Development Department (HCD), the Federal Home Loan Bank Affordable Housing Program .finals (AHP), and the revenue sources that are available to the housing successors to former redevelopment agencies. KMA understands that the City wishes to enter into a three-year contract with the selected firm, with the possibility for three (3) one-year options, If KMA is selected, we 500 SOUTH GRANO AVENUE, SUITE 1480 i LOS ANGELES, CALIFORNIA 90071 `> PHONE 213,622.8095 W W W.KEYSERMARSTON.COM 1806001 KMA KHH 19090.014 will obtain a City of Santa Ana business license and provide the insurance certification required by the RFQ. We will also comply with the anti -collusion requirements that are spelled out in Exhibit G to the AFQ, For purposes of the response to the RFQ, the Principal -in -Charge of this engagement, and the authorized signatory to a legally binding commitment, the KMA representative is: Ms, Kathleen Bead, Managing Principal Keyser Marston Associates, Inc. 590 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Telephone: 213.622,8095 / Fax: 213,622,5204 Email: 1<head-41L ysermareton corn KMA appreciates the opportunity to assist the City. If you require any additional information, please do not hesitate to contact me. Sincerely, Keyser Marston Associates, Inc, Kathleen Head 1806001 KMA KHH 19090.014 Request for Qualifications for Affordable Housing Financial Analytical and Advisory Services SECTION I STATEMENT OF QUALIFICATIONS Organlzational Background.,,... ...,,„...................__01 Scope of Services ................ ............... „.............. „,... .,.............. ..... 04 Firm Experience_.........................„,,...........,,,,................06 Designated Personnel ................................. ........ ,.......... .............. 08 Relevant Experience .... ...... ............................... ..................... „.... ,,,09 References..... ....... ............ ...„.... ,,,...... ,„............ .,...,................ .... 14 FeeSchedule ............... ................ ..............................„...„.,..,.....,15 Disclosures and Disclaimers...........................................................16 SECTION 2 EXHIBITS Exhibit B: Proposer's Statement & Proposal Item Pricing ............................17 Exhibit C: Insured Endorsement „............... ............. ............. ...... 19 Exhibit D: References and Relevant Work History ... ........ ................ „,,,20 Exhibit E: Proposer's Statement.... ................... ............. __ ........ 21 Exhibit F: Certification of Nondiscrimination..,.......,,„........................22 Exhibit G: Non -Collusion Affidavit ,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,........ ,,,,,,24 Page i Keyser Marston Associates, Inc. Request for Qualifications for AffordWe Housing Financial Analytical and Advisory Services ORGANIZATIONAL BACKGROUND Firm Introduction & Summary Keyser Marston Associates, Inc. (KMA) is a California corporation founded in 1973 with expertise in real estate, fiscal impact, affordable housing, valuation and Iitigation support, economic development and infrastructure: finance, KMA is a privately held corporation whose shareholders are all principals of the firm, KMA has 20 professional staff persons in offices across the State of California, in the cities of Los Angeles, San Francisco and San Diego. In addition, the firm has a satellite office in downtown Fullerton. The majority of KMA assignments involve long-standing client relationships with city and county governments, including clients throughout the Orange County. KMA provides a complete range of real estate services including maxket analyses, highest and best use studies, financial feasibility analyses, preparation of requests for qualifications and proposals, developer selection, and disposition negotiations including ground lease negotiations. Supporting technical analyses include fiscal impact analyses and the analyses of alternative occupancy options. Uniquely, KMA combines its real estate advisory services with a range of financial planning services, including tax increment projections and verification, fiscal consultant services, projection of public revenues, fiscal impact analyses and economic analyses of alternative land use options. This integration of disciplines allows extremely cost effective coordinated services for our clients, KMA's principals have acted as instructors at the following CRA Institute courses: Beginning and Advanced Affordable Housing; Affordable Home Ownership; Pro Forum Analysis; Components of the D DA; Developer Selection; and Redevelopment Finance, KMA principals have also lectured at the UCLA Anderson School of Business, the UCLA Graduate Scl-tool of Urban Planning, the USC Graduate School of Urban Planning; and the California State University at Long Beach Graduate School of Public Administration. Keyser Marston Associates, Inc. Page 1 Request For Qualifications for Affordable Housing Financial Analytical and Advisory Services I MIA's services fall within the following general areas: f heal Estate Evaluation and Transaction Services Strategic Planning and Economic Development Services 0 Affordable Housing i Valuation and Litigation Support Fiscal Impact Analyses The increased complexities of real estate transactions demand a strong technical understanding of market opportunities and constraints, KMA can provide services that are grounded in a fundamental understanding of regional real estate markets, valuations and investment financing, Unique characteristics possessed by KMA include: Experience KMAhas40yearsof experience assisting clients throughoutthe Westin real estate market and evaluation services; negotiation services; structuring public/private transactions; and project implementation services. Cost Effectiveness ectaveness KMA is able tobe cost effective for our clients given our ability to provide comprehensive services relating to market and financial feasibility, economic analysis, direct implementation experience and public finance without the need for multiple consultants. Commitment KMA offers the commitment of principals who are recognized leaders in real estate advisory services throughoutCalifornia. Thephilosophy and structure of KMAresu Its in clients havingmaximum direct contact with the ffrm'sprincipals, KMA has developed a methodology and approach to ensure quality control for its analytical and advisory services. The methodology and approach include the following: hb I� J J Keyser Marston Associates, Inc. page 2 Request for Qualifications for Affordable Housing Financial analytical and Advisory Services Direct Frincilsal Responsibility Each assignment is headed by one of the firm's experienced principals, selected based upon the particular skill set required for the assignment. Kathleen Head manages the firm's affordable housing practice. Cansu.lting Specialist For projects where a variety of skill sets are required (Le., a mixed -use project that includes both affordable and market rate housing and a retail component), KMA will bring consulting principals within the firm with the particular expertise required for the assignment. Specialty Area Subgroup The firm has created subgroups which include selected principals and senior staff, to ensure that the best practices and analytical tools are made available firm wide. These specialty groups meet on a regularly scheduled basis and include such areas as affordable housing, mixed -use, public parking, ground lease development and redevelopment finance. Proprietaq Software Models The firm has created subgroups which include selected principals and senior staff, to ensure that the best practices and analytical tools are made available firm wide. These specialty groups meet on a regularly scheduled basis and include such areas as affordable housing, mixed -use, public parking, ground lease development and redevelopment finance. Keyser Marston Associates, Inc, Page 3 Request for Qualifications for Affordable Housing Financial Analytical and Advisory Services Scope of Services The scope of services being requested by the City includes a mix of bond advisory services, affordable housing transaction structuring, technical assistance with the implementation of the Housing Opportunities Ordnance, and ongoing oversight of affordable housing projects that have received City assistance, Bond Advisory Services KMA has t1ao demonstrated qualifications to provide the following bond advisory services: =Prc 13de'follow-ip a5sistanf8"as needed after bands ars' m, Issuert and/or completion rif projeCts�= Keyser Marston Associates, Inc, Page 4 Request for Qualifications for Affordable Housing Financial Analytical and Advisory services FIRM EXPERIENCE Affordable Housing Services KMA has extensive experience in the analysis of affordable housing transactions, and our staff are experts in analyzing a full range of residential uses including rental and for -sale projects; projects in urban, suburban and rural locations; and very -low income to luxury unit types. KMA is practiced in all aspects of housing finance, bringing in-depth expertise in a variety of financing techniques such as the following: •Conventional loans • Tax-exempt multifamily bonds • Section 221d3/4 FHA mortage insurance •California Hosuing Finance Agency (CaIHFA) financing programs •Banking industry settlement rsubordinate loans • 9 % and 4% Low Income Housing Tax Credits (LIHTCs) Pag Keyser Marston Associates, Inc. e 6 Requests for Qualifications for Affordable Housing Financial Analytical and Advisory Services The affordable housing areas in which KMA provides services include the following: Layering and Leveraging Analyses - KMA prepares market and financial analyses to quantify the appropriate Ievel of client assistance to a project. We evaluate the impact of burdens and incentives on affordable housing programs and advise on all aspects of project financing, including the use of available outside funding and assistance sources KMA has extensive experience preparing HOME layering analyses under the new HOME final rule. Developer SolicitationiSelection - KMA assists clients in the evaluation and selection of developers for affordable housing projects, The evaluation typically includes a thorough review of the developer's prior experience and that of the development team, its financial strength and property management expertise. Inclusionary Housing Programs - KMA analyzes the financial impact associated with requiring private sector residential developers to set aside in -tits for very -low, low and moderate income households, These analyses quantify the net economic detriment created by the inclusionary requirement, after consideration of the benefits associated with various incentives being offered by public entities. KMA has evaluated the financial impacts on both rental and ownership housing and assisted cities in drafting inclusionary housing ordinances and implementation documents as well as participating in the public hearing approval process. Policies and Procedures Manuals -- KMA has written policies and procedures manuals for clients to ensure compliance with HOME Program regulations as well as developed programs for the use of HOME Program funds, hn addition, KMA has prepared policies and procedures manuals to implement mclusionary housing programs and programs funded by the .NSP. SB 341 Affordable Housing Reports • KMA has prepared a template to be used by Housing Successor staff to prepare the required annual SB 341 report. In addition, KMA also prepares the report for housing successor agencies. C'ornpliance Monitoring - Affordable rental housing is typically funded with a variety of layered funding sources. These sources impose income and affordability restrictions that require clients to monitor compliance of the relevant affordable standard. KMA's experience includes structuring housing projects funded with multiple assistance sources and monitoring the completed projects to ensure continuing compliance with the income and affordability covenants. Keyser Marston Associates, Inc. page 7 Request for Qualifications for affordable Housing Financial Analytical and advisory Services Residual Receipts Calculation and Compliance r KMA has assisted clients in the evaluation of affordable housing operations and ensuring compliance with residual receipts loan repayment terms. The evaluation typically includes a review of the annual audited financial statements and operating statements to determine any residual receipts payments due. Designated Personnel KMA has designated Kathleen Head as the Project Manager/Principal Agency for contract coordination and in the delivery of all services detailed herein. The contact information for Kathleen is as follows: Kathleen Head., Managing Principal 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Telephone: 213.622, 8095 Pax: 213.622.5204 Email: Idiead@keyseritnarston.com The personnel that would be assigned to this engagement are presented in the following organizational chart: Kathleen .Head manages the housing related services performed by the KMA Los Angeles office, and has extensive experience in program creation, policy analysis, feasibility evaluations and transaction structuring. Kathleen has analyzed hundreds of projects utilizing various local, state, and federal assistance packages. Keyser Marston Associates, Inc. _ Page 8 Request for Qualifications for Affordable Housing Finandal Analytical and Advisory Services Judie Roway is a Senior Principal who advises clients on affordable housing policy, economic development and real estate assignments. Julie has performed market and economic feasibility, tax allocation, land disposition and reuse analyses for affordable housing projects for over 20 years. Tim Bretz is a Manager who has been with KMA since 2008. Tim has prepared affordable housing feasibility, market and reuse analyses for the firm's public sector clients. RELEVANT EXPERIENCE County aj'Son Bernardino / 11!drrttigea2k;raztlonal Housing and Library KMA assisted the County of. San Bernardino in evaluating the financial gap associated with the Bloomington multigenerational housing and public library mixed use project. The project consists of 72 senior -citizen apartment units, 35 family apartment units, and a 6,600 square foot public library, The apartment components of the project are subject to 55-year income and affordability covenants that allocate the units to households earning between 30% and 50% of the San Bernardino County median income. The developer obtained 9% LIHTCs and conventional financing, The County provided NSP1 and NSP 3 funds, tax-exempt bonds that were secured by property tax increment housing set -aside funds, MHSA funds; and a contribution of water line impact fees. KMA assisted in the negotiations process, quantified the warranted local assistance to the project, and prepared the subsidy layering analysis required by California Health and Safety Code Section 33433. KMA Work Completed: 2014 Contact Person: Dena Fuentes, Director of Redevelopment and Housing Telephone Number: 909.387.4392 Email: dfuentes@rda,sbcourtty�ov, City of Hwitington Beach / DisposRi.on of City Chvned Property The City of Huntington Beach engaged KMA to evaluate the options for selling or holding a 164-unit City -owned apartment project targeted to very -low and low income senior citizens. As part of this engagement, KMA evaluated the project's operating results; future capital expenditures requirements; and income and affordability Keyser Marston Associates, Inc. Page 9 Request for Qualifications for Affordable Mousing Financial Analytical and Advisory Services controls. KMA recommended that the City market the project to housing developers that could acquire and rehabilitate the property to modem standards using LII-1TCs and tax exempt multifamily bond. financing. KMA evaluated the purchase offers; recommended income and affordability requirements to maximize outside leveraging sources; and compared the financial terms and structure of the purchase offers. D-se sale and financing was completed in 2010. KMA Work Completed: 2010 Contact Person: Kellee Eritzal, Deputy Director, Office of Business Development Telephone Number: 714.374.1519 Email: k. ritzLrlC�surfei -hb.or City oj't.Imnge / Santa Incas Villas and Lemon Grove Apartments KMA prepared a HOME layering analysis for the proposed 42-unit Santa Ines Villas senior citizen apartment project. The KMA analysis was performed in accordance with the HOME final rule, and it included an evaluation of the developer's cost projections; rent and operating expense estimates; and the proposed funding sources. The proposed funding sources included conventional financing, 9% LIHTCs, and MHSA funds. I0,4A quantified the amount of HOME funds required to ensure the affordability of the project, and reviewed and evaluated the financial wherewithal, of the developer to undertake the proposed project. KMA prepared a HOME layering analysis and SB 341 analysis for the proposed 82-unit Lemon Grove Apartments project. The project is proposed to be financed with tax- exempt multifamily bonds/4% LIHTCs, Bank of America subordinate debt, a deferred Developer Fee, Set -Aside funds and HOME CHDO Funds, KMA Work Completed: 2013 and 2015 Confia.ct Person: Mary Ellen Laster, Senior Housing Manager Telephone Number: 714,744.7211 Email: mlaster@citvo.forange.org City Fit Santa A onica / Village Site KMA assisted the City of Santa Monica in the developer selection and implementation process for the development of affordable rental housing, nrtarket rate ownership Keyser Marston Associates, Inc. Page 10 Request for Qualifications for Affordable Flokiaing Financial Analytical and Advisory Services housing, and retail uses on a 3.77-acre property. KMA assisted the City in drafting a RFQ, evaluating the 16 responses to the RFQ, drafting the financial component of RFPs that was distributed to the three finalist developers, evaluating the responses, and participating in the developer interviews, After a developer was selected, KMA prepared the financial. analysis for the proposed scope of development, participated in the negotiations process for a long-term ground lease and Disposition and Development Agreement (DDA), and prepared the Summary Report required by California Health and Safety Code Section 33433. KMA Work Completed: 2014 Contact Person: Andy Agle, Director of Housing & Economic Development Telephone Number: 310.458.2251 Email; andy.agle®smgov.net Long Beach Housing Development Corporation / Senior Artist, Colony KMA prepared a financial analysis for the Senior Artist Colony project and assisted the LBHDC during deal structuring negotiations. The project includes 200 apartment units in a transit -oriented development that is geared towards active seniors with a large component of artist -related amenities. All of the units are restricted to low and very - low income households and utilizes the following funding sources: tax-exempt bonds through the New Issue Bonds Program, 4% LIHTCs, TOD grants and loans from HCD, a FHLB AHP loan and Set -Aside funds from the LBHDC. KMA Work Completed: 2011 Contact Person: Patrick Ure, Housing Development Officer Telephone Number: 562.570,6026 Email; Patrick—Ure@longbeach.gov Costa Mesa Housing Authority / Sp ecial Needs Project KMA assisted the Costa Mesa Housing Authority in evaluating the financial characteristics of an income restricted project targeted to homeless individuals with mental health issues. During the initial stages, KMA assisted the redevelopment agency in structuring a project with 9% LIHTC's; HOME funds; and Set -Aside funds assistance. The project was subsequently restructured as a tax-exempt multifamily bond/4% Keyser Marston Associates, Inc. Page 11 Request for Qualifications for Affordable Mousing Financial Analytical and Advisory Services LIHTC project with funding assistance provided from MHSA funds offered by the County of Orange. KMA Work Completed: In Progress Contact Person: Rick Francis, Assistant CEO Telephone Number; 714,754.5099 Email: Rick,Francis@costamesaca,gov Moreno Valley Redevelopment Agency / Speci al Needs Project The Moreno Valley Redevelopment Agency engaged KMA to prepare a HOME layering analysis for an apartment project targeted to senior citizens and developmentally disabled adults, The financial assistance to the project assistance includes MHP Supportive Housing funds; County of Riverside HOME funds; City of Moreno Valley HOME funds; donation of the land for the project from the Redevelopment Agency of the City of Moreno Valley; an FHLB AHP loan; and financial contributions from the developer and contractor. KMA Work Completed: In Progress Contact Person: Shanikqua Freeman, Housing Program Coordinator Telephone Number: 951.413.3445 Email: shaailkauaf@nioval- City of San Dimas / Grove Station KMA assisted the City in restructuring the covenants imposed on 10 "for sale" affordable units to reflect current market conditions. The original covenants were imposed irrevocably over a 45-year tern. The revised covenants allow home owner's to resell the home on an unrestricted basis in return for providing the City with a share in the unit's equity appreciation. KMA prepared the program documentation to be used with the revised covenants. KMA Work Completed: 2014 Contact Person: Larry Stevens, Assistant City Manager Telephone Number: 909,394,6250 Entail: 1 ev ns@J.san-dimas.ca.r?s Kayser Marston Associates, Inc. T Page 12 Request for Qualifications for Affordable Mousing Financial Analytical and Advisory Services City of Pasadena — 60-80 South. Vinedo Deusihj Bonus Analyses KMA analyzed a developer's request to construct a 26-unit residential development on a 30,000 square foot property. The proposed project includes an 18% density bonus and one concession. To evaluate the developer proposal, KMA analyzed a project that complies with the existing zoning, a scenario that tested the value created by the density bonus, and the proposed project. KMA prepared a memorandum that summarizes the developer's request, outlined the City's Density Ordinance requirements, and provides a finding on whether or not the developer's request met the Ordinance's requirements. KMA Work Completed: 2014 Contact Person: Jose Jimenez, Planner Telephone Number: 626.744.7137 Email: josejimenezC cityofpasadena.net City of'Clarernont / Inclusionary HousingPolicy KMA, assisted the City of Claremont in creating an Inclusionary Housing Ordinance and an in -lieu fee structure. KMA quantified the net economic detriment created by the requirement to provide low and moderate income housing after consideration of the benefits associated with the incentives being offered by the City, KMA also prepared the policies and procedures manual and supporting documentation required to implement the program. KMA also provides financial analyses of projects that are proposing to use the in -lieu fee option. Year Completed: 2014 Contact Person: Brian Desatnik, Community Development Director Telephone Number: 909.399.5342 Email: bdes atniko)dcllaremQnt.ca.us Keyser Marston Associates, Inc, Page 13 Request for Qualifications for Affordable Housing Financial Analytical and advisory Services References KMA has provided ongoing affordable housing services to a number of public sector clients for over 25 years, A sample of long-time clients that are located in Orange County includes the Anaheim Housing Authority, the City of Fullerton, the Huntington Beach Housing Authority, and the Costa Mesa Housing Authority. It should also be noted that KMA has provided consulting services to the City of Santa. Ana Housing Authority, Planning Department, and former Redevelopment Agency for over 30 years. Contact information for the identified long-term Orange County clients are presented below; Keyser Marston associates, Inc, Page 14 Request for Qualifications year Affordable Housing Financial Analytical and Advisory services KEYSER MARSTON ASSOCIATES FEE SCHEDULE A. J1 RRY KEYSER* $280.00 MANAGING PRINCIPALS* $280,00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250A0 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICALSTAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directlyrelatedjobexpensesnotincludedintheaboveratesare: automileage,parking, airfares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electrome data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthlybillings for staff time and expenses incurred duringthe period willbe payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony, Keyser Marston Associates, Inc, Page 1S Request for Qualifications for Affordable Mousing Financial Analytical and Advisory Services DISCLOSURES AND DISCLAIMERS City represents, acknowledges and agrees that: W Consultant is not advising or recommending any action be taken by the City with respect to any prospective, new or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms and other similar matters concerning such financial products or issues); (ii) Consultant is not registered with the U.S. Securities and Exchange Commission ("SEC") as a municipal advisor; and (iii) Consultant is not acting as a municipal advisor to City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to City pursuant to Section 1513 of the Exchange Act with respect to the services provided hereunder and any information and material contained in Consultant's work product. City further represents, acknowledges and agrees that: (i) City shall discuss any such information and material contained in Consultant's work product with any and. all internal and/or external advisors and experts, including its own municipal advisors, that it deems appropriate before acting on the information and material; (ii,) City uses the services of one or more municipal advisors registered with the SEC to advise it in connection with municipal financial products and the issuance of municipal securities; (iii) City is not looking to Consultant to provide, and City shall not otherwise request or require Consultant to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or reconurend.ations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); and (iv) City warrants that the provisions of this contract and the services to be provided hereunder are not intended (and shall not be construed,) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1)34, as amended, and the rules and regulations adopted thereunder, Keyser Marston Associates, Inc. Page 16 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR HOUSING FINANCIAL ANALYTICAL AND ADVISORY SERVICES PROPOSER'S STATEMENT AND PROPOSAL FEE SCHEDULE EXHIBIT B Certification -- I certify that I have read, understand and agree to the terms and conditions of t his Request for Qualifications. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. KMA BILLING RATES The billing rates for the KMA staff members who may be assigned to this engagement are presented in the following table. KMA will not Increase these hourly fees during the initial two- year contract term. Title Hourly Rates Managing Principal $280.00 Senior Principals $270,00 Senior Associates $187.50 Technical Staff $95,00 Administrative Staff $60.00 PROPOSED FEE AND TIMELINE FOR SAMPLE ASSIGNMENTS Subsidy Layering for an Affordable Multifamily Project The technical components of a subsidy layering analysis can be completed within a three-week time frame at a budget in the range of $9,000. This budget does not include KMA participation in the negotiations or transaction structuring process, which vary widely based on the transaction's level of complexity. Exhibit Financial Advisory Services for a Multifamily Bond Issuance Based on the scope of bond advisory services KMA described in Exhibit A of this proposal, KMA estimates the fee related to a multifamily bond issue in the range of $20,000. The KMA services would be provided throughout the negotiations, structuring and financing process for a project. This can be accomplished in as few as 90 days, but the process is more likely to require six months or more to complete. Keyser Marston Associates, Inc. 213.622.80951213.622.5204 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 500 South Grand Avenue, Suite 1480, Los Angeles, California 90071 BUSINESS ADDRESS Kathleen Head PRINTED NAME OF AUTHORIZED AGENT 0. & -_-1 .. R, SIGNATURE OF AUTHORIZED AGENT DATE 94-23663741 FEDERAL ID NUMBER Managing Principal / Vice President TITLE khead@keysermarston.com EMAIL ADDRESS Exhibit B Page 18 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBIL POLICIES Insurance Company This endorsement modlfles such Insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza M46, Santa Ana, California 92701; Its officers, employees, agents, volunteers and representatives are names as additional Insured($) ("additional fnsured(s)" with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named Insured. 2. With respect to claims arising out of the operations and uses performed by on behalf of the named Insured, such Insurance as Is afforded by this policy Is primary and Is not additional to or contributing with any other Insurance carried by or for the benefit of additional fnsured(s). 3. This Insurance applies separately to each Insured against whom claim Is made or suit Is brought except with respect to the company's limits of liability. The Inclusion of any person of organization as an insured shall not affect any right which such person or organization would have as a claimant If not so Included, 4. With respect to the additional Insured(s), this Insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M»25, Santa Ana, California 92701, (Completion of the following; Including countersignature, Is: required to make this endorsement effective.) Effective this endorsement form as part of Policy#,.. Issued to --- Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for Qualifications - Housing Financial Analytical and Advisory Servlces Pogo 19 EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR HOUSING FINANCIAL ANALYTICAL AND ADVISORY SERVICES THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required for additional references, The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: City of Huntington Beach Contract Individual: Kellee Fritzal Address: 2000 Main Street Phone Number: 714.374.1519 Huntington Beach, CA Email Address: kfritzal@surfcity-hb.org Contract Amount: $270,000 Year: 2014 - 2016 Description of supplies, equipment, or services provided: On -call financial consulting services to the City, the Successor Agency and the Housing Authority. Reference No. 2 Customer Name: San Bernardino County Contract Individual: Dena Fuentes Address: 385 N Arrowhead Avenue Phone Number: 909.387.4392 San Bernardino, CA Email Address: dfuentes@rda.abcounty.gov Contract Amount: $200,000 Year: 2013 - 2015 Description of supplies, equipment, or services provided: On -call affordable housing consulting services to the Counties Housing Department. Reference No. 3 Customer Name: City of Claremont Contract Individual: Brian Desetnik Address: 207 Harvard Avenue Phone Number: 909.399.5342 Claremont, CA Email Address: bdosatnik@ci.clarement,ca.us Contract Amount: $25,000 Year: 2014 -2015 Description of supplies, equipment, or services provided: Provide technical assistance to the City staff, the External Administrator, and developers in the implementation of the Inclusionary Housing Ordinance. TO BE INCLUDED iN PROPOSAL EXHIBIT E CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY REQUEST FOR OUALFICATIONS FOR HOUSING FINANICAL ANALYTICAL AND ADVISORY SERVICES .� w0 .A C_ Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after It has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Counoll, signed by the Executive Director or her duly authorized agent, and signed by the City Attorney, denoting her approval of the form for this document, and Its execution, and when it or an exact copy of It has be either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificates of liability insurance within ten (f p) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check drafts, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damager due to the delay and other causes suffered by City because of failure to enter into an Agreement and/or furnish necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFO schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFQ. KEYSER MARSTON ASSOCIATES, ING FIRM 4t,e&--�� KATHLEEN HEAD 01, Alen AKIM M nik=n XlAtAt �f PR CIPAL 6/6/2098 TITLE DATE City of Santa Ana Community Development Agency Request for Qualifications - Housing Financial Analytical and Advisory Services Page 21 kpaiL e,X+. A. EXHIBIT F CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY REQUEST FOR OUALFICATIONS FOR HOUSING FiNANICAL ANALYTICAL AND ADVISORY SERVICES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1, The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall lake 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 limited to, the following: employment, upgrading, demotions, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2, The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all quell led applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3, The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreements or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice In conspicuous places available to employees and applicants for employment. 4. The Contractor complies with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1966, and by rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permlt access to his/ her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, in the event the Contractor's non-compliance with the non•disorimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended In whole or In part and the contractor may be declared ineligible for further Government contracts or federally assisted construction/ services contracts In accordance with procedures authorized in Executive Orders 1124.6 of September 24, 1965, and such other sanctions may be Imposed and remedies Invoked as provided In Executive Order 11246 of September 24, 1966, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law, 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by City of Santa Ana Community pewelopment Agency Request for qualifications - Housing Financlal Analytical and Advisory Services Page 22 rules, regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance; provided, however, that In the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter such litigation to protect the Interests of the United States, 8, Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided In Section 1420, and any Contractor violating this Section is subject IQ all the penalties imposed for a violation of the Chapter, KEYSER MARSTON ASSOCIATES, INC FIRM A` '& --KATHLEEN HEAD MANAGING �' t GIPAL„„�,�,�, 15/2 .1 TITLE DATE City of Santa Ana Community Development Agency Request for Rualificatlons - Housing Financial Analytical and Advisory Services Page 2 TO BE INCLU 2EP,,I, pRl OPOSAL EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES (RFQ) PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 29 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA, In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the. PROPOSER declares that the bid Is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or oorporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or Indirectly induced or solicited any other PROPOSER to put In a false. or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put In a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought.by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone Interested (n the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, 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 member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of'`�_ Subscribed and sworn to (or affirmed) before me on this day of , 20 4 by t 1 i Y-v ,K'[) Ifto k proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. cam" IFNERw. , COMM 02160917 s Notery public• California -. Orpnya County Comm. aunt ra zozo otaly Pu lic 'gnature Notary Public Seal City of Santa Ana Community Development Agency Request for Qualifications —Affordable Housing Financial, Analytical and Advisory Services Page 20 ®�®® ( ��Ill�.xA� �gT p Ire a �..Ht��A..:Al� ,9aN��--. DATE(MMIDWYYYY) 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 INSURFR(S), AUTHORIZED REPRESENTATIVE CR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlifaato holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this celtlflcate does not confer rights to the cardfloato holder in NOU of such endorsements). PRODUCER MOC'insurance Services License No. 05$9960 NA EACT Balidee Callejas S (415) 957-0600 AIC Ntll• (616)95Y-0S77 Eo REES:hCalle�ae�mOO1n3.ClOm INSURERS AFFORDING COVERAGE NAIC0 44 Montgomery St., 17th Fl, INSURER A;Massachusetto Bay ins. Co. 22305 San Francisco CA 94104 INSURED N6URERe:Allmericd Finanoial Benefit Co. 41840 INSURERGOanovar Insurance Cox ally 22292 Keyser Marston Associates, Inc. INSURER IRO ublic InderknitV Company of 43753 INSURERS: 1299 4'th Street, Suite 408 P1 San Rafael CA 94903 -INSURER COVERAGES CERTIFICATE NUMBER;2017-2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PSWOD 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 SUCI-I POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. ILI�'6R LT TYPE OF INSURANCE ADDLSJBR POLICY NUMBER POLICY EFL N�DDNYYY LIMITS A X OOMMERCIAI GENERAL UAEILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 ACE TO RENTED PREMISES (Ea occunre c 500 000 S I MEP FXP(Any one person] 4 10,000 X ZDFA49104909 12/1/2017 12/1/2018 PERSONAL &ADV INJURY $T^ 1,000,000 No Deductible ApPlyea LIMIT APPLIES PER: POLICY�JECT C�Lac GENERAL AGGRFGATE $ 22,000,000 0EN4AOOREOATE PRODUCTS• COMPIOP A30 $ included S O ER: UUTOMOSILRLIA81LITY COMBINED SINGLE LIMIT IEE aced t $ 1,000,000 FOLLY INJURY (Per person) .$ B X X ANYAUTO SCHTEDULED ALLCWAU nM Cs NIREO AUTOS X AUT aWNEb X AWA490049D3 12/1/2017 12/1/2018 BODILYINJURY(Pereccldent) $ PeOecoltlentDAMAGE $ Unlnsured moto"It =rnbinsd $ 1,000,060 X Camp $GOD X Oo114500 X UMBRELLA LIAR X OCCUR EAOH OCCURRENCE $ 4 DOD D00 AGGREGATE $ 4 00D DO C EXCESS JAB CLAIMS -MADE DEO I X ETENTION a x VHFA49117103 12/1/2017 12/1/2018 1) WORKERS COMPENSATION AND EMPLOYEFUV LIABILITY y�N A6IYPROPRIETOWPARTNERIEXGCUTIVF. —I CPFIG RRIMFMBER EXCLUDED? U (Mandatory In NR) Ifyea, des. -Le finder DESCRIPTION OF OPERATIONS Wm WA 3954523 12/1/2017 01/01/2018 � X PS7EATUTE �T - _ EL EACH ACCIDENT - $ 1,000000 '—`- E.L DISEASE. EA EMPLOYEE $ 11 U00 0U0 EL. DISEASE -POLICY LIMIT N 7. D00 DUO C Professional Liability LUM42616500 12/1/2017 12/1/201e EnCh VJrorFINIAd $1,000,000 kotenulon *25,000 Ratro Date: 11/11/1976 A0yre0ete-110 $2,000,000 DPSCRIPTIGN CF OPEP.ATION31 LOCATIONS I VEHICLES (ADORE 1tl1, Additlenal Roma,ks Schedule, mny he attnchad If more space Is reyulred) City of Santa Ana, City of Santa .Ana Acting as Successor Agency and/or Housing Authority of the City of Santa Ana, ,its officers, omployeea, agents, volunteers and representatives are Additional insured with respects to the Insured+s operations, insurance provided is Primary and is not contributory with any other insurance carried. 30 bay Notice of Cancellation/10 Day for nonpayment of premium. City of Santa Ana Executive Director of CDA 20 Civic Center Plaza M-25 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WIT11 THE POLICY PROVISIONS, REPRESENTATIVE Callej as/BCA •wr,',e.e.,`.� reawad. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD IN5025 (201401) COMMERCIAL GENERAL LIABILITY POLICY NUMBER; ZDFA49104903 CG 20 10 07 04 Effective Date: 12/01/2017 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHi=r)tll .F Name of Additional Insured Person(s) or Or anlxation s Locations of Covered Operations The City of Santa Ana, Housing Authority as Successor Housing Agency, Its officers, employees, agents, volunteers and representative. It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named Insured. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section 11 — 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 advortising injury" caused, in whole or in part, by: 1, Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the addltlonal Insured(s) at the locatlon(s) desig- nated above. 6. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, Including materials, parts or equip-ment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "yourwork" out of which the Injury or damage arises has been put to its in -tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi-pal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 Keyser Marston Associates, Inc COMMERCIAL AUTO CA 00 0103 06 BUSINESS AUTO COVERAGE FORM Various provisions In this policy restrict coverage. SECTION I — COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what Is and Is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" refer following numerical symbols describe the"Rutos" that to the Named Insured shown In the Declarations. The may be covered "autos". The symbols entered nerd to words "we", "Us" and "our" refer to the Company pro- a coverage on the Declarations designate the only viding this Insurance. "autos" that are covered "autos". Other words and phrases that appear In quotation A. Description Of Covered AutoDes[gnatlan marks have special manning. Refer to Section V — Symbols Definitions, Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't awn Only while attached to power units you awn). This includes those "autos" you acquire ownershipof after the olio be ins. 3 Owned Private Only the private passenger "autos" you awn. This Includes those private passenger Passenger "autos"you acquire ownership of after the policy begins, "Autos" Cnl 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for LI- Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Onlyownershipof after the policv begins. 6 Owned "Autos" Only those "autos" you own that are required to have l benefits in the state Subject To l where they are licensed or principally garaged. This Includes those "autos" you ac- Fault quire ownership of afterthe policy begins provided they are required to have No - Fault benefits in the state where that/ are licensed or principally paraged, 6 Owned "Autos" Only those "autos" you own that beoauso of the law in the state where they are H- Subject To A conned or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This Includes those "autos" you acqulreownership of afterthe insured Motor- policy begins provided they are subject to the same state uninsured motorists re- sts Law aulrement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations forwhich a pre- scribed "Autos" mlum charge is shown (and for Liability Coverage any"trailers" you don't own while _ attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto' Only you lease, hire, rent, or borrow from any of your "employees", partners (If you are a partnership), members (If you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This Includes "autos" owned byyour "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but onlywhile used in your business or your personal affairs. CA 00 0103 06 © ISO Properties, Inc., 2006 Page 1 of 12 U 19 Mobile Equlp- Only those "autos" that are land vehloles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are li- Flnancial Re- censed or principally garaged. sponsibility Or Other Motor Ve- hlolo Insurance R. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2, But, if Symbol 7 is entered next to a coverage In Item Two of the Daclaraticns, an "auto" you acquire will be a covered "auto" for that cover- age only If: a, We already cover ell "autos" that you own for that coverage or It replaces an "auto" you• provibusly owned that had that cover. age; and b. You tell us within 30 days after you acquire It that you want us to cover it for that cover - ago, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile .equipment" while being carried or towed by a covered "auto" 3. Any "auto" you dq not own while used with the permission of its owner as a temporary substl- tute for a covered "auto" you own that Is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or a..Destruotlon, SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this Insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto`. We will also pay all sums an "Insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, malnte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ox- pence" if there is either "bodily injury" or "property damage" to which this Insurance applies that is caused by the same "accident". We have the right and duty to defend any"insured" against a "sult" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "Insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this Insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate, Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements, 1, Who Is An insured The following are "insureds": a. You for any covered "auto b, Anyone else while using with your permle- sion a covered "auto" you own, hire or bory row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov, ared "auto" you own. Page 2 of 12 © ISO Properties, Inc., 2005 CA 00 0103 06 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Sorri using a covered "auto" while he or she Is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours, (4) Anyone other than your "employees", partners (if you are a partnership), members (If you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (a) A partner (If you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her housohold. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability, 2, Coverage Extensions a. Supplementary Payments We will payfor the "insured": (1) All expenses we Incur, (2) Up to $2,000 for cost of hail bonds (Iq- cluding bonds for related traffic law ve- fations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "Insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred bythe "insured" at our request, Including actual loss of earnings up to $250 a day be- cause of time off from work. (6) All costs taxed against the "insured" in any "suit" against the "Ineurad" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "In- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited In court the part of the judgment that Is within our Limit of Insurance, Theso payments will not reduce the Limit of Insurance b. Oot-Of-State Coverage Extensions While a covered "auto" is away from the state where It is licensed we will: (1) Increase the Limit of Insurance for Ll� ability Coverage to meet the limits spocl- fied by a compulsory or financial re. sponsibilily law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits ,specified by any law governing motor carriers of passengers or prop. any. (2) Provide the minimum amounts and types of other, coverages, such as no- fault, required of out-of-stats vehlcies by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This Insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily Injury' or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed In a contract or agreement that is an "insured contract" provided the "bodily In- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- eance of the contract or agreement 3. Workers' Compensation Any obligation for which the "Insured" or the "insured's" insurer may be hold liable under any workers' componsatlon, disability benefits or unemployment compensation law or any similar law. 4. Employee indemnification And Employer's Liability "Bodily Injury" to: a. An "employee" of the "Insured" arising out of and in the course of: (1) Employment by the "insured"; or CA 00 01 03 06 © 1u0 Properties, Inc., 2006 'Page 3 of 12 EI ® pp.p, p- T 1- /y �+ �j ^p� g [� y II py /� /� 7 1MMloon 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 bo 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 confor rights to the certificate holder In Ile of such a ndorsementfsl. PRODUCER Aon Risk Services, Inc or Florida 1001 Erickall Bay Drive, Suite #1100 Miami, FL 331314937 0380 AGE TofidSouroe DE. IV, Inc, 1020D &onset Drive Miaml, FL 33173 Door INSURER Keyser Marston AssSuit.4, Inc, INSURER E: 1299 Fourth Street, Salta 408 Sqn Rofea, CA 94941 � F. INSURER COVERAGES CERTIFICATE NUMBER- 187a4R3 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWNARE AS REQUESTED. INSIR LTR TYPE OF INSURANCE ADDLSUBR INSR WVO POLICY NUMBER POLICY EFF MMID@YYYY POLICY EXP MMPoOIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAWS -MADE 7 OCCUR EACH OCCURRENCE $ DAMAGE TO S(RENTED PREMISES RENT rrenGe) $ MED EXP (Any one arson $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PROJECT LJ LOC OTHER GENERAI.AGGREGATE $ PRODUCTS � COMP/OP AGO $ $ AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NONI AUTOS ONLY AUTOS ONLY COMBINED SINGLE I Ea accldeni $ BODILY INJURY Par parson $ BODILY INJURY Per accident $ PROPERTY DAMAGE Poraccldent $ UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEC I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRCPRIF.TORIPARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? (Mandatory In Nllf Ityoe, J,6.Ibeueder DESCRIPTION OF OPERATIONSlow be N/A X WC 026181717 CA 01/01/18 07/01/'18 X PER OTH PTATUTF. ER E. L. EACHACCIDEM $ 2,000,000 E. ,DISEASE -EA EMPLOYEE $ 2,000,000 E.L, DISEASE - POLICY LIMIT $ 2, DDD,UDD DESCRIPTION OP OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks auhadule, maybe attached if more space Is repaired) Sae attached Dedicate Holder Cancellation Notice. All worksite employees working for KEYSER MARSTON ASSOCIATES, INC., paid under ADP TOTALSOURCE, INC's payroll, are covered under the above stated policy, WAIVER OF SUBROGATION IN FAVOR OF CITY OF SANTA ANA ITS OFFICERS, OFFICIALS, EM PLOYEEG AGENT, REPREE NTATIVES AND VOLUNTEERS AS RESPECTS OF JOB PERFORMED BY KEYSER MARSTON ASSOCIATES, INC. AS REQUIRED BY WRITTEN CONTRACT, CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Executive Dlrectar of ODA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza M45 Santa Ane, CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE tt .4JIx,,;d�,lw �yCW,d�ba �u!,tQ.'Du4'kd��fS ©1988.2016 AGORD CCRPORATI0 N, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY HOLDER NOTICE CERTIFICATE HOLDER CANCELLATION NOTICE SCHEDULE Should this policy be cancelled before the expiration date hereof, the producer will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to do so shall impose no obligation or liability of any kind upon the insurer, the producer, or the respective agents or representatives of cacti. SCIIEDULE: CERTIFICATE HOLDERS AS IDENTIFIED ON THE MOST RECENT QUARTERLY SCHEDULE OF CERTIFICATE HOLDERS PROVIDED BY THE INSURED'S BROKER OF RECORD TO THE INSURER. EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional Insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective part of Policy # Issued to Named Insured Countersigned by this endorsement form as a Authorized Representative 12 ACC ROr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 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: Halidee Callejas MOC Insurance Services ac°NN Edl. (415)957-0600 nlXc Not (415)es7-psn License No. 0589960 E-MAIL S: hcallejas@mocins.com ADDRE 101 Montgomery St., Suite 800 INSURERS AFFORDING COVERAGE NAICN INSURER A: Massachusetts Bay Ins. Co. 22306 San Francisco CA 94104 INSURED INSURERS: Allmerica Financial Benefit Co. 41840 INSURER C: Hanover Insurance CompanV 22292 Kgiysex Marston Associates, Inc. INSURER D: 1299 4th Sreet Suite 408 ti INSURER E INsuRERF: San Rafael CA 94901 COVERAGES CERTIFICATE NUMBER:2018-2019 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER POLPOLICY MMDIDYEFF MMIDUY� LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ' 1,000,000 A CLAIMS -MADE ❑X OCCUR DAMAGE TO RENT D PREMISES Ea cccurrence $ 500, 000 MED EXP(my one person) $ 10,000 X EDFA49104904 12/1/2018 12/1/2019 PERSONAL S ADV INJURY $ 1,000,000 No Deductible Applies GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY E] PEO LDC PRODUCTS-COMP/OPAGG $ Included $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLELIMIT Ea accident $ _ 1,000,000 _ X BODILY INJURY (Per person) $ B ANYAUTO ALL OWNED SCHEDULED AUTOS ALITOG X Ay1FA490049 12/1/2018 12/1/2o19 BODILY INJURY (Per accident) $ X NON -OWNED AUTOS HIREDAUTOS MX PROPERTYDAMAGE Par accident $ X Uninsured motonst command snla $ 1,000,000 Comp$5J0 call X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 0 $ X DRFA49117104 12/l/2018 12/1/2019 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPAWNERIFRECUTIVE ❑ OFFICERIMEMBER EXCLUDED? NIA I PER OTH- STAMTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $ C Professional Liability LHFU42616501 12/1/2018 12/1/2019 Each Wmnyful Act -$1,000,000 Retention $25,000 Rstro Date: 11/11/1976 Aggregate Out $2 000 OQO_ 0 ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, City of Santa Ana Acting as Successor Agency and/or Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured with respects to the Insuredrs operations. Insurance provided is Primary and is not contributory with any other insurance carried. 30 Day Notice of Cancellation/10 Day for nonpayment of premium. zql?v i/' / / City of Santa Ana Executive Director of CDA 20 Civic Center Plaza M-25 Santa Ana, CA 92701 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 Callejas/HCA 9.1ijM. c.I y� © 1988-2014 ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ZDFA49104904 CG 20 10 07 04 Effective Date: 12/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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): Location(s) of Covered Operations City of Santa Ana, City of Santa Ana Acting as Successor agency and/or Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Keyser Marston Associates, Inc Policy No: AWFA490049 WNI . • - • . Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. COMMERCIAL AUTO CA 00 01 03 06 SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos' you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't awn while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are li- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- sts Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned byyour "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 0103 06 © ISO Properties, Inc., 2005 Page 1 of 12 ❑ 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are li- Financial Re- censed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B- Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you. previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss" or a.. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury' or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent' and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident", We have the right and duty to defend any"insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto"_ This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. Page 2 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 0 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (6) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds, (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other. coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury' or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or CA 00 01 03 06 0 ISO Properties, Inc., 2005 1 Page 3 of 12 0 COO(MMIDD Ao CERTIFICATE OF LIABILITY INSURANCE DATE YYYYI 3/12/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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: Halidee Callejas MOC Insurance Services License No. 0589960 PHONN E (415)957-0600 FAX luslas-asn A/C Ne: E-MAIL ADDRESS: hcalle]a3@mOCin3. COm 101 Montgomery St., Suite 800 San Francisco CA 94104 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Massachusetts Bay Ins. Co. 22306 INSURED Keyser Marston Associates, Inc. 1299 4th Street Suite 408 INSURERS: AllmeriCa Financial Benefit Co. 41840 INSURERGHanover Insurance Company 22292 INSURER D: INSURER E: San Rafael CA 94901 rnveoAr_ee INSURER F: CERTIFICATE NUMBER:2019-2020 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE gODL SWISSLTR POLICY NUMBER POLICY EFF MMIDDM'YY POLICYEXP MM/DDfYYVYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE(, WED A CLAIMS -MADE OCCUR PREMISESSE,Ea occurrence) $ 500,000 X ZDFA49,04905 12/1/2019 12/1/2020 NEC EXP Anyone person) $ 10,000 PERSONAL SAOV INJURY $ 1,000,000 GENLAGGREGATE LIMITAPPLIES PER: [X] PECO- GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ Included POLICY LOC OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aaitlent $ 11000,000 B ANYAUTOWNED X BODILY INJURY (Per Person) S ASCHEDULED BODILY INJURY (Per acddea0 $ AUTOS AUTOS X AN7A490049 12/1/2019 12/l/2020 NON-OWNEDPROPERTY AUTOS HIRED ALII'OS Nx X DAMAGE Per$ accloser) ComP5500 Crossed X U.Ika.mE mobnN oamhlnaEsingle S 11000,000 X UMBRELLA DAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C EXCESS LIAR CLAIMS -MADE DEO I X I RETENTION $ 0.00 $ X URFA4911710$ 12/l/2019 12/1/2020 WORMERS COMPENSATION PER OTH- ANDEMPLOVERS'LIABILItt YIN STAT E ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/E)ECUTIVE OFFICERIMEMBER EXCWDED7 ❑ NIA (Mandatoryfyes,d in NH) If yes, describe under E L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below C Professional Liability LHM42616502 12/1/2019 12/1/2(120 Each WmrrulAd $1,000,000 Retention $25,000 Retne Date: 11/11/1976 Aggregate Umit $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aaacbed if more space is required) City of Santa Ana, City of Santa Ana Acting as Successor Agency and/or Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured with respects to the Insured's operations. Insurance provided is Primary and is not contributory with any other insurance carried. 30 Day Notice of Cancellation/10 Day for nonpayment of premium. REVIEWED & APPROVED City of Santa Ana Risk Management (RMD) 20 Civic Center Plaza Santa Ana, CA 92701. 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 Callejas/ECA Aw. C IWwI xa� I ne rAwrgu name and logo are registered marks of ACORD INS025 (201401) COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ZDFA49104905 CG 20 10 07 04 Effective Date: 12/01/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SrHFni ii F Name of Additional Insured Person(s) or Or anization s : City of Santa Ana, City of Santa Ana Acting as Successor Agency and/or Locations of Covered Operations Housing Authority of the City of Santa Ana, its Officers,employees, agents,volunteers and representatives It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION ' I I B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Keyser Marston Associates, Inc Policy No: AWFA490049 COMMERCIAL AUTO CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Of Covered Auto 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage "trailers" any you don't own Only while attached to power units you own). This includes those "autos" you acquire ownershipof after the ofic be ins. wned Private Only the private passenger "autos" you own. This includes those private passenger assenger "autos" J40wned you acquire ownership of after the policy begins. Autos" Onl "Autos" Only those "autos" you own that are not of the private passenger type (and for Li- ther Than Pri- ability Coverage any "trailers" you don't own while attached to power units you ate Passenger own). This includes those "autos" not of the private passenger type acquire "Autos" Only ownership of after theyou begins. 5 .policy Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required Fault henafilc in Oho ��.,a,. ...0 _-_ •�_.. ___ . _ to have No - 6 Owned "Autos" Subject To A Compulsory Only those "autos" you own that because of the law in the state where they are li- censed or principally garaged are required to have and cannot reject Uninsured Un- Motorists Coverage. This includes those "autos" insured Motor- ists Law you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists re- quirement. 7 Specifically De- scribed "Autos" Only those "autos" described in Item Three of the Declarations for which a pre- mium charge is shown (and for Liability Coverage "trailers" any you don't own while attached to an power unit described in Item Three). 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs REVIEWED & APPROVED By Risk MANAGEMENT DiviSiON R1 CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 12 13 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are li- censed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss", or e. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to Which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury' or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. REVIEWED & APPROVED By Risk MANAgEMENT DivisioN AR 2 Page 2 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 ❑ (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement. or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: These payments will not reduce the Limit of a. An "employee" of the "insured" arising out of Insurance. and in the course of: (1) EmpRI 1 FID & APPROVED IBy Risk MANAGEMENT DIVISION R CA 00 01 03 06 © ISO Properties, Inc., 2005 e+1of12 ❑ Digitally signed by Francine R. Francine R. Villareal Villareal Date: 2021.05.24 14:13:45-07'00' � �® ACERTIFICATE OF LIABILITY INSURANCE FT.—T. 5/20/2021 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 NAME: Halides Callej as MOC Insurance Services /CONN. Ext: (415) 957-0600 FAC No: (915)957-0577 ,CNN., E-MAIL hcallejas@mocins.com ADDRESS: License No. 0589960 101 Montgomery St., Suite 800 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Massachusetts Bay Ins. Co. 22306 San Francisco CA 94104 INSURED INSURER B: Allmerica Financial Benefit Co. 41840 INSURER C: Hanover Insurance Company 22292 Keyser Marston Associates, Inc. INSURERD: 1299 4th Sreet Suite 408 INSURER E INSURER F: San Rafael CA 94901 COVERAGES CERTIFICATE NUMBER:GL-AUTO-UMB-E&O 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑X OCCUR DAMAED PREMISES Ea occurrence PREMISES (E. oc ", $ 500,000 MED EXP (Any one person) $ 10,000 X ZDFA49104906 12/1/2020 12/1/2021 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 ❑XPRO JECT LOC PRODUCTS-COMP/OP AGG $POLICY Included $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ B ANYAUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X AWFA490049 12/1/2020 12/1/2021 X PROPERTY DAMAGE Per accident)$ NON -OWNED AUTOS HIRED AUTOS MX X Uninsured motorist combined single $ 1,000,000 Comp $500 Coll $500 X UMBRELLA LAB OCCUR EACH OCCURRENCE $ 4,000,000 N AGGREGATE $ 4,000,000 C EXCESS LABCLAIMS-MADE DED X RETENTION $ 0 $ X UHFA49117106 12/1/2020 12/1/2021 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE OR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F N /A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liability LHFD42616503 12/1/2020 12/1/2021 Each Wrongful Act $1,000,000 Retention $25, 000 Retro Date: 11/11/1976 Aggregate Limit $2, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, City of Santa Ana Acting as Successor Agency and/or Housing Authority of the City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured with respects to the Insured's operations. This insurance is primary as respects the Entity, its officers, officials,employees, and volunteers. Any Insurance of self-insurance maintained by the Entity, its officers,officials,employees,or volunteers shall be excess of the Contractor's and shanll not contribute with it. 30 Day Notice of Cancellation/10 Day for nonpayment of premium. CERTIFICATE HOLDER City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 CANCELLATION SHOULD ANY OF THE ABOVE DE: THE EXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENTATIVE alidee Callejas/HCA Risk Management Dh islan REVIEWED & APPROVED BY. . c 4l.gq q Risk ManagementAnaly5t rwlid. La)If{rY ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) ZDF A491049 06 5701518 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 �oRaN } z RiskMmWmedDMsfan REVIEWED & APPROVED BY.- f R. V;d Risk Management Analyst Keyser Marston Associates, Inc Policy No: AWFA490049 COMMERCIAL AUTO CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li - Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No - Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are li- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 03 06 © ISO Properties, Inc., 2005 �oRaN } z Risk MwaganadDMsiun REVIEWED & APPROVED BY: f R. V;d Risk Management Analyst 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are li- Financial Re- censed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent' and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident'. We have the right and duty to defend any "insured" against a "suit' asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. Page 2 of 12 © ISO Properties, Inc., 2005 �oRaN } z RiskMmWmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or CA 00 01 03 06 © ISO Properties, Inc., 2005 �oRaN } z RAManaganadDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.11b. and 6.c. of the definition of "mobile equip- ment"; or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; Page 4 of 12 © ISO Properties, Inc., 2005 �oRaN } z RiskMmVmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being pre- pared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "ac- cident" is the Limit of Insurance for Liability Cover- age shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto". CA 00 01 03 06 © ISO Properties, Inc., 2005 �oRaN } z RiskMwaganadDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the fol- lowing under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Page 6 of 12 © ISO Properties, Inc., 2005 �oRaN } z RiskMmVmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "in- sured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. CA 00 01 03 06 © ISO Properties, Inc., 2005 �oRaN } z RiskMmaganadDMsfan REVIEWED & APPROVED BY.- f R. VSA44a Risk Management Analyst (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or sto- len property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to se- cure our rights and must do nothing after "acci- dent" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provi- sion of this Coverage Form. Page 8 of 12 © ISO Properties, Inc., 2005 �oRaN } z RiskMmVmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst 5. Other Insurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Decla- rations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or CA 00 01 03 06 © ISO Properties, Inc., 2005 �oRaN } z RiskMmaganadDMsfan REVIEWED & APPROVED BY: f R. VSA44a Risk Management Analyst 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including death result- ing from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a govern- mental authority for damages because of test- ing for, monitoring, cleaning up, removing, con- taining, treating, detoxifying or neutralizing, or in any way responding to or assessing the ef- fects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.11b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured provi- sion of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; Page 10 of 12 © ISO Properties, Inc., 2005 �oRaN } z RiskMmVmedDMsfan REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the ab- sence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract' does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment' means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in Paragraph 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": a. Equipment designed primarily for (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehicle in- surance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. CA 00 01 03 06 © ISO Properties, Inc., 2005 �oRaN } z RAMwaganadDMsiun REVIEWED & APPROVED BY.- f R. V;&wd Risk Management Analyst N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 © ISO Properties, Inc., 2005 �ortaN RiskMmWmedDMsian REVIEWED & APPROVED BY. - Risk Management Analyst COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 POLICY NUMBER: ZDFA49104906 Effective Date: 12/01 /2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organ izations : Locations of Covered Operations City of Santa Ana,City of Santa Ana Acting as Successor Agency and/or Housing Authority of the City of Santa Ana, its officers,employees,agents,volunteers and representativE s It is understood and agreed that this insurance is primary, and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 �oRaN } z RiskMwagemerdDMsiun REVIEWED & APPROVED BY: pu-c- ,e R. Vj&wd Risk Management Analyst Keyser Marston Associates, Inc Policy No: ZDFA49104906 IL 02 70 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 1 of 4 �oRaN } z RiskMmWmedDMsfan REVIEWED & APPROVED BY: f R. V;d Risk Management Analyst (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or Threaten our solvency (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. Page 2 of 4 B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. © Insurance Services Office, Inc., 2012 �oRaN } z RAMmaganadDMsfan REVIEWED & APPROVED BY.- f R. VSA44a Risk Management Analyst C. The following is added and supersedes any (2) The Commissioner of Insurance finds provisions to the contrary: that the exposure to potential losses will Nonrenewal threaten our solvency or place us in a hazardous condition. A hazardous 1. Subject to the provisions of Paragraphs C.2. condition includes, but is not limited to, a and C.3. below, if we elect not to renew this condition in which we make claims policy, we will mail or deliver written notice, payments for losses resulting from an stating the reason for nonrenewal, to the first earthquake that occurred within the Named Insured shown in the Declarations, and preceding two years and that required a to the producer of record, at least 60 days, but reduction in policyholder surplus of at not more than 120 days, before the expiration least 25% for payment of those claims; or anniversary date. or We will mail or deliver our notice to the first (3) We have: Named Insured, and to the producer of record, at the mailing address shown in the policy. (a) Lost or experienced a substantial reduction in the availability or scope 2. Residential Property of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial increase property used predominantly for residential in the premium charged for purposes and consisting of not more than four reinsurance coverage of our dwelling units, and to coverage on tenants' residential property insurance household property contained in a residential policies; and unit, if such coverage is written under one of the following: the Commissioner has approved a plan Commercial Property Coverage Part for the nonrenewals that is fair and equitable, and that is responsive to the Farm Coverage Part — Farm Property — Farm changes in our reinsurance position. Dwellings, Appurtenant Structures And Household Personal Property Coverage Form c. We will not refuse to renew such coverage solely because the first Named Insured has a. We may elect not to renew such coverage cancelled or did not renew a policy, issued for any reason, except as provided in b., c. by the California Earthquake Authority, that and d. below. included an earthquake policy premium b. We will not refuse to renew such coverage surcharge. solely because the first Named Insured has d. We will not refuse to renew such coverage accepted an offer of earthquake coverage. solely because corrosive soil conditions However, the following applies only to exist on the premises. This restriction (d.) insurers who are associate participating applies only if coverage is subject to one of insurers as established by Cal. Ins. Code the following, which exclude loss or Section 10089.16. We may elect not to damage caused by or resulting from renew such coverage after the first Named corrosive soil conditions: Insured has accepted an offer of (1) Commercial Property Coverage Part — earthquake coverage, if one or more of the Causes Of Loss — Special Form; or following reasons applies: (2) Farm Coverage Part —Causes Of Loss (1) The nonrenewal is based on sound Form — Farm Property, Paragraph D. underwriting principles that relate to the Covered Causes Of Loss — Special. coverages provided by this policy and that are consistent with the approved 3. We are not required to send notice of rating plan and related documents filed nonrenewal in the following situations: with the Department of Insurance as a. If the transfer or renewal of a policy, without required by existing law; any changes in terms, conditions or rates, is between us and a member of our insurance group. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 Page 3 of 4 �oRaN } z RiskMmWmedDMsfan REVIEWED & APPROVED BY.- f R. V;d Risk Management Analyst b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. Page 4 of 4 e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph CA., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. © Insurance Services Office, Inc., 2012 �oRaN } z RiskMmaganadDMsfan REVIEWED & APPROVED BY.- f R. V;&'Wd Risk Management Analyst Ar—" rtia l 'IlRL! CERTIFICATE OF LIABILITY INSURANCE DAIE (MWDD/YYYY) 1 05/21/2021 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 statementon this certificate does notconfer rights to the certificate holder in lieu of such endorsements . PRODUCER Aon Risk Services, Inc of Florida CONTACT Aon Risk Services, Inc of Florida NAME: PHONE FAX (A/C, No, Ext):800-743-8130 (A/C, No):800-522-7514 1001 Brickell BayDrNe, Suite#1100 Miami, FL 33131-4937 EMAIL ADDRESS ADP.COI.Certer@Aon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Home Assurance Co. 19380 INSURED ADP TotalSource DE IV, Inc. INSURER B : INSURER C : 10200 Sunset Drive Miami, FL 33173 UC/F INSURER D : Keyser Marston Associates, Inc. 1299 Fourth St. Ste 408 INSURER E : INSURER F : San Rafael, CA 94901 COVERAGES CERTIFICATE NUMBER: 3295294 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 HERON IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWNMAYHAVE BEENREDUCEDBYPAIDCLAIMS. LIMITSSHOWN AREAS REQUESTED. LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIALGENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE $ DAMAGE S Ea occurrence) PREMISES PREMISES (Ea occurrence) $ MED EXP (Anyone person) $ PERSONAL&ADVINJURY $ GEN'LAGGREGATELIMITAPPLIESPER : POLICY PROJECT LOC OTHER GENERALAGGREGATE $ PRODUCTS- COMP/OPAGG $ $ AUTOMOBILE LIABILITY ANYAUTO OVMIED SCHEDULED AUTOSONLY AUTOS HIRED NON-OVMIED AUTOS ONLY AUTOS ONLY (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEC RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) If es, describe under DESCRIPTION OF OPERATIONS below NIA WC 027119589 CA 07/01/2020 07/01/2021 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE- EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATICNS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) See attached Certificate Holder Cancellation Notice. All worlsite employees worNng for KEYSER MARSTON ASSOCIATES, INC., paid under ADP TOTALSOURCE, INC'spayroll, are covered under the above stated policy. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Ri sk Manag ement Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD ACORD 25 (2016/03) The ACORD nam a and logo are registered marks of ACORD �oRaN RAManagementDiVisian REVIEWED & APPROVED BY. o r CMUM Risk Management Analyst POLICY HOLDER NOTICE CERTIFICATE HOLDER CANCELLATION NOTICE SCHEDULE Should this policy be cancelled before the expiration date hereof, the producer will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to do so shall impose no obligation or liability of any kind upon the insurer, the producer, or the respective agents or representatives of each. s CHED ULE: CERTIFICATE HOLDERS AS IDENTIFIED ON THE MOST RECENT QUARTERLY SCHEDULE OF CERTIFICATE HOLDERS PROVIDED BY THE INSURED'S BROKER OF RECORD TO THE INSURER. �ortaN RAMmWmentDMsian ccREVIEWED & APPROVED BY. - Risk Management Analyst