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HomeMy WebLinkAboutNETFILE, INC.114URANCE NOT ON FILE NORK MAY NOT PROCEED CLERK OF COUNCIL DATE 3-?-oedA0 N-2020-059 �plG� not �e dS AGREEMENT WITH NETFIL.E TO PROVIDE ONLINE SUBSCRIPTION SERVICES FOR FPPC FILINGS This agreement for the performance of services ("Agreement") is made and entered into on this 4th day of March, 2020 ("Effective Date"). by and between NetFile, Inc. a California corporation, with its principal place of business located at 2707 Aurora Road, Mariposa. California 95338 ("Contractor'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), with its principal place of business located at 20 Civic Center Plaza, Santa Ana. CA 92701. City and Contractor may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS Whereas: A. City desires to continue with professional services more fully described in this Agreement; B. Contractor represents that it, and its sub -contractors, if any, have the professional qualifications, expertise, desire and any license(s) necessary to provide certain goods and/or required services of the quality and type which meet the City's requirements; and, C. The Parties have specified in this Agreement the terns and conditions under which such services will be provided and paid for. Contractor and City agree as follows: AGREEIMENT PROVISIONS 1. SERVICES TO BE PROVIDED City employs Contractor to perform the services ("Services") more fully described in Exhibit A entitled, SCOPE OF SERVICES. Exhibit A is attached and incorporated by this reference. Except as otherwise specified in this Agreement, Contractor shall furnish all necessary technical and professional services, including labor, material, equipment, transportation, supervision and expertise to satisfactorily complete the work required by City. 2. TERNIOFAGREEINfENT The term of this Agreement shall commence on the date first written above expiring end of day July 31, 2022, unless terminated earlier in accordance with Section 24 of this Agreement. The fee for this service is listed in Section 3, "Compensation and Payment" of this Agreement. #241380 3. COMPENSATION AND PAYMENT Contractor will provide the use of the Campaign Disclosure System and Statement of Economic Interests system (up to 350 SEI filers) at an ongoing discounted rate of $17,000 per year commencing August 1, 2020. The total amount to be expended during the term of this Agreement shall not exceed $43,000 ("Total Compensation"). City has the option of paying on an ongoing quarterly basis for Services provided by Contractor billed in advance of the quarter instead of one annual payment. No interest or finance charges will be incurred if the City chooses the quarterly payment option. City will pay Contractor within forty-five (45) days of City's receipt of invoice. If for any reason the contract is terminated prior to the paid through date by the City, Contractor will reimburse City any unused amount within ten (10) working days from the termination date. The parties acknowledge that Contractor has been providing services to the City since August 1, 2019 after the previous Agreement between the parties expired on October 31, 2018 and that there is an outstanding invoice in the amount of $9,000 ("Outstanding Compensation") for Services from August 1, 2019 through July 31, 2020 as set forth in Invoice #6287rev, dated February 14, 2020, attached hereto as Exhibit B. The Outstanding Compensation is included as part of the Total Compensation identified in this Section. 4. NO ASSIGNMENT OF AGREEMENT City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. 5. NO THIRD PARTY BENEFICIARY This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action under this Agreement. 6. INDEPENDENT CONTRACTOR 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 Contractor performs the services which are the subject matter of this Agreement. Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to bind City to any contracts or other obligations. 2 #24038v3 7. SUBCONTRACTING None of the Services under this Agreement shall be performed by subcontractors unless Contractor -specifically identifies subcontractors in writing and City pre -approves such subcontractors in writing. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. 8. USE OF CITY NAME OR EMBLEM Contractor and its employees, agents and representatives will not, without the prior written consent of City in each instance, use in advertising, publicity or otherwise the name of City or any affiliate of City, or any officer or employee of City, nor any trade name, trademark, trade device, service mark, symbol or any abbreviation, agreement or simulation thereof owned by City or its affiliates, nor represent, directly or indirectly, that any product or service provided by Contractor has been approved or endorsed by City, nor refer to the existence of this Agreement in press releases, advertising or materials distributed to prospective customers. Notwithstanding the foregoing, Contractor may acknowledge, when asked, that the City is a Neffile client. 9. AUDITS City, through its authorized. representatives, has the right during the term of this Agreement, and for three (3) years from the date of final payment for goods and/or Services provided under this Agreement, to audit the books and records of Contractor regarding matters covered by this Agreement. Contractor agrees to maintain accurate books and records in accordance with generally accepted accounting principles. Any expenses not so recorded shall be disallowed by City. Contractor agrees to help City meet any reporting requirements with respect to Contractor's Services if requested by City in writing. 10. QUALIFICATIONS OF CONTRACTOR Contractor represents that its personnel are qualified to fumish Services of the type and quality which City requires. City expressly relies on Contractor's representations regarding its skills and knowledge. Contractor sliall promptly pertonn all Services requested by City in a safe manner and in accordance with all federal, state, and local operation and safety regulations. Contractor shall work closely with and be guided by City. Contractor shall also perform all work i❑ accordance with generally accepted business practices and performance standards of the industry. 11. MONITORING OFSERVICES City may monitor the Services performed under this Agreement to determine whether Contractor's operation conforms to City policy and to the terms ofthis Agreement. City may also monitor the Services to be performed to determine whether financial operations are conducted in accord with applicable city, City, state, and federal requirements. If any action of Contractor constitutes a breach, City may terminate this Agreement pursuant to the provisions described herein. 3 #240380 12. WARRANTY Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from known defects, in a timely manner, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. Contractor further warrants and represents that it is the owner of or has acquired the rights to use (including derivative rights) the software, technology or otherwise that is required to provide all related materials and services as set forth in Exhibit A, without violating any rights of any third party, and there is currently no actual or threatened suit by any such third party based on an alleged violation of such third -party rights by Contractor. Contractor further warrants that NetFile servers have a guarantee uptime of 99% (which includes all scheduled maintenance throughout the year) and for so long as City shall pay the fees described in this Agreement (a) the System will be materially free of errors, and (b) Contractor will provide the Professional Services in aprofessional and workmanlike manner consistent with the highest industry standards. Contractor further warrants, during the tern of this Agreement, that (i) the NetFile servers will be free of any Hannful Code (as defined below), and (ii) Contractor will not interfere with or disrupt City's or the User's use of the System. For purposes of this Agreement, the term "Harmful Code" means any software code with the ability to damage, interfere with, or adversely affect computer programs, data tiles, or hardware without the consent or intent of the computer user. This definition includes,, but is not limited to, self - replacing and self -propagating programming instructions commonly called "viruses," "Trojan horses" and "worms." Contractor agrees to implement reasonable procedures adequate to prevent any software, link or code provided to City hereunder from being contaminated with Harmful Code. If Contractor learns of or suspects the existence of any Harmful Code, Contractor will immediately notify City and make every effort to remove the Harmful Code. 13. NON-DISCRIMINATION Provider sliall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gentler identity, gender expression, gender, medical conditions, genetic infornation, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. CONTRACTOR TO HOLD CITY HARMLESS Subject to the limitations set forth in Exhibit A (SCOPE OF SERVICES) Section F (LIMITATION OF LIABILITY), Contractor agrees to indemnify, protect, defend, and hold harmless the City, its City Council, officers and employees from and against any claim, injury, 4 N240380 liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim, arising from Contractor's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the Services by Contractor, its agents, subcontractors and/or assigns under this Agreement. 15. INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall purchase and maintain in full fierce and effect, at no cost to City insurance policies with respect to employees assigned to the Performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C attached and incorporated by this reference. 16. ANIENDMENTS This Agreement may be amended only with the written consent of both Parties. 1.7. INTEGRATED DOCUMENT This Agreement represents the entire agreement between City and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the ternis or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon City. 18. SEVERABILITV CLAUSE [n case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full fierce and effect. 19. LAW GOVERNING CONTRACT This Agreement shall be governed and interpreted using the laws of the State of California. 20. DISPUTE RESOLUTION a. Any controversies or claims between Contractor and City regarding this Agreement must first be put in writing and delivered to the other Party. The Parties will meet in good faith to attempt to resolve the issue in question. if the Parties fail to come to an agreement on the resolution of the issue, the matter must be submitted to mediation within thirty (30) calendar days after the written request for mediation is delivered by one Party. b. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request that the Orange County Superior Court shall appoint a 5 #24038v3 mediator. The mediation meeting shall not exceed one work day [eight (8) hours]. The Parties may agree to extend the time allowed for mediation under this Agreement. c. Mediation under this section is a condition precedent to filing an action in any court. 1n the event litigation or mediation arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorneys' fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. d. Only after the mediation procedure has failed to resolve a dispute between the Parties may one or both of the Parties file suit in the appropriate civil court. 21. VENUE The venue of any suit filed by either Party shall be vested in the state courts of the County of Orange, or if appropriate, in the United States District Court, Central District of California. 22. ELECTION OF REMEDIES The pursuit by any Party of any specific..remedy shall not exclude any other remedy available to the Party. 23. CONFLICT OF INTERESTS This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if conflict arises. 24. TERMINATION OFTHE AGREEMENT a. This Agreement may be terminated by the City upon forty-five (45) 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: i. As a condition of such payment, the Clerk of the Council may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City.unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. ii. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. H?4038v3 b. Termination Due to Unavailability of Funds When funds are not appropriated or otherwise made available by the City to support continuation of performance, the Agreement shall be cancelled and the Contractor shall be reimbursed for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the Agreement prior to termination. c. Data Recovery If the services are terminated for any reason, the City will receive a DVD copy of all data created in the system by the City within 21 working days of notification of termination. d. Deletion of Data The City has the right at any time during the contract period as well as upon the termination of the Agreement to instruct the Contractor to delete all City created data in the system. This request must be in writing and the Contractor has 21 working days to complete the deletion of the data from the system. 25. NOTICES All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92701 Fax:714-647-6956 With courtesy copies to: City Attorney Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6515 And to Contractor addressed as follows: NetFile 2707 Aurora Road Mariposa, CA 95338 Facsimile at (209) 391-2200 #240380 26. ties,r GSMICES a. Availability of Services Subject to the terns of this Agreement, Contractor sliall use its best effbrts to provide online access to the City and tilers of FPPC forns for twenty-four (24) hours a day, seven (7) days a week upon completion of the parsed database and accepted by the City and thereafter, throughout the term of this Agreement. City agrees that from time to time Contractor's servers may be inaccessible or inoperable for various reasons, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Contractor may undertake fi-om time to time; or (iii) causes beyond the control of Contractor or which were not reasonably foreseeable by Contractor, including interruption or failure of communications or transmission links, hostile network attacks or other failures (collectively "Downtime"), Contractor shall provide forty-eight (48) hour advance notice to City in the event of any scheduled Downtime. Contractor shall use its best efforts to minimize any disruption, inaccessibility and/or inoperability in connection with the Downtime, whether scheduled or not. In the event of any Downtime, City shall be entitled to a pro-rata reduction of any payments due and payable to Contractor for such period. b. Backups Contractor shall maintain backup servers and telecommunications connections and maintain weekly backups of City's database of FPPC Form filings on such backup servers. C. Storage and Security Contactor shall operate and maintain the servers in good working order with access restricted to qualified employees of Contractor and persons specifically designated by City. Contractor shall undertake and perform the measures set forth in Exhibit A to ensure the security, confidentiality, and integrity of all City content and other proprietary inforiation transmitted through or stored on Contractor's server(s), including, without limitation: (i) tirewall protection; (ii) maintenance of independent archival and backup copies of the City's content; and (iii) protection from any network attack and other harmful, malicious, or disabling data, work, code or program. d. Non -Disclosure Contractor shall comply with all laws and regulations applicable to the gathering, processing, storing, transmitting and dissemination of personal infonnation. Contractor will not disclose any personal information accepted as required pursuant to the FPPC Forms laws, without City's prior written consent, unless such disclosure is (i) authorized pursuant to the FPPC Disclosure laws; (ii) required by law or regulation, but only to the extent and for the purpose of such law or regulation; (iii) is in response to a valid order of any court of competent jurisdiction or other goverment body, but only to the extent of and for the purpose of such order, and only if Contractor first notifies City of the order and permits City to seek an appropriate protective order; or (iv) with written permission of City in compliance with any terms or conditions set by City regarding such disclosure. 8 N24038v3 27. OWNERSHIPOE DATA All data created in the system by the City or users authorized by the City is the property of the City. All source code created by the Contractor is the property of the Contractor. 28. UPGRADES TO SYSTEM All upgrades to the system by Contractor will be gratis to the City wiles mutually agreed upon by both parties in writing. 29. LIABILITY FOR CITY SCANNED DOCUMENTS City accepts any and all liability resulting from the placement of documents scanned by the City that are made available on the Internet for public viewing through the services of the Contractor. In no event does the Contractor accept liability created by any document scanned into the System by the City. 30. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any 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. This Agreement and counterparts of this Agreement may be executed and delivered by facsimile or other electronic means by any of the parties to this Agreement. The facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures. [signature page to follow] k240380 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA oe /Dais Gomez a�y i Kristine Ridge lerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY:lwft A . V041ix - Laura A. Rossini Senior Assistant City Attorney 10 #240380 CONTRACTOR NETFILE INC. By: TOM DIEBERT Vice President Netfile Inc. 2707 Aurora Road Mariposa, CA 95338 Telephone: (209) 742-4100 AGREEMENT FOR THE PERFORMANCE OF SERVICES BV AND BE,rWEEN CITY OF SANTA ANA AND NETFILE EXIIIBIT A SCOPE OF SERVICES A. Expected Outcome NetFile will maintain a system that permits the City of Santa Ana ("City") and users authorized by the City to (I ) Electronically file FPPC Statements of Economic Interest, Fonn 700 ("SEI") and to be available, at the option of the City (in redacted form) for public viewing of documents over the Internet through a link on the City's website; (2) maintain a database of the FPPC SEI forms to track filings and generate tiling deadline and amendment letters and (3) allow the City to scan SEI reports/fimns not submitted electronically. NetFile will maintain a system that pennits the City and all tilers who have a political disclosure reporting responsibility to the City and authorized by the City to (1) file any or all of the FPPC. Fonns 450, 460, 461, 465, 470, 496, and 497 in electronic format to be available in redacted form for public viewing of documents over the Internet through a link on the City's website; (2) maintain a database of the FPPC Fonns to track filings and generate tiling deadline and amendment letters; and, (3) allow the City to scan reports not submitted electronically. B. Deliverables NetFile will continue to have ready for use a system that permits (1) electronic tiling of FPPC Statement of Economic Interest, Fonn 700 and Campaign Disclosure Fonns 450, 460, 461, 465, 470, 496, and 497 (hereinafter collectively referred to as `FPPC Fonns"); (2) at the option of the City, availability of FPPC Forms in an electronic format to be available (in redacted fnnn) for public viewing of documents over the Internet through a link on the City's website; (3) maintaining a database of the FPPC Fonns to track filings and generate filing deadline and amendment letters and (4) allow the City to scan FPPC Fornis not submitted electronically. C. Scope of Service From the date of execution of the service agreement, NetFile will continue to maintain a system that: (a) For Filers Using the Internet: is Allows the City to provide to Filers who have their own access to the Internet, a user ID and password which is used to log on to a secure site hosted on NetFile's web server but accessible via the City's web site. H24038v3 Allows Filers who have their own access to the Internet, to log on to, enter data in, and upload to NetFile's secure site electronic formats of FPPC Forms. iii. Once the forms [lave been uploaded. NetFile's secure site validates the submitted tiling and notifies the Filer that the tiling was accepted or, if declined, explains why the tiling was declined. iv. Allows Filers to print a copy, using Adobe Acrobat Reader, of the firms that they upload to NetFile's secure site. v. Allows Filers to access earlier validated electronically filed forms. (b) For the City: i. Allows tracking of Filers and all electronically tiled firms in a database. i. Allows City to scan hard copy filings and post to the online searchable database provided a liability waiver is signed by the City absolving NetFile of any liability associated with manually redacted documents not under the control of NetFile during the redaction process. (c) For All FPPC Forms Uploaded to NetFile's Secure Site: i. Produces two versions in .pdf format of the FPPC Forms: one version, not accessible by the public, will include all information as tiled (non -redacted); the other version, at the option of the City, accessible by the public, will have all street addresses and bank account information, if applicable, blocked from view. (d) For the Public: i. At the option of the City, allows the public to search and view electronically tiled documents (with street addresses and bank account information, if applicable, blocked from view) over the Internet. ii. If a document was not available electronically, NetFile's secure site will notify the searcher that the document is available for viewing in the office of the City Clerk. 2. NetFile's system will, anhongotherthings: • Issue an I D number and password for Filers. • Grant different user access and security levels for City staff. • Store and edit general information about Filers. • Store and edit all filings by individual statement periods where applicable. • Generate notification letters telling the filer of the upcoming tiling deadline. • Indicate how filings were received. 12 4240380 • Track deadlines for filings and amendments and generate letters notifying Filers of delinquencies. • Track delinquencies and generate letters notifying Filers of tines. • At the option of the City, allow the public to search and view the database and complete list of electronic filings (with addresses and bank account information, if applicable, redacted) via the Internet. • At the option of the City, allow the public to search and view the database and complete electronic filings (without addresses and bank account information redacted) on kiosk provided by the City located in office. • Have sufficient back-up hardware and/or software and/or policies and procedures to ensure that data under the control of NetFile, relative to this Agreement, is not irretrievably lost or destroyed. 3. NetFile will also: • Provide unlimited support to the City staff by email or phone during NetFile's normal working business hours. 4. All intellectual property, including existing source code or additional source code written for the purpose of developing this system for the City, will be the sole property of NetFile. If NetFile were to cease operations during the contractual period, NetFile would provide to the City all source code relative to the City's system. D. Performance Standards Performance standards are based upon providing deliverables according to the timeline for performance as detennined by Project Manager (City Clerk), and whether the system meets the expected outcome in terms of timeliness and functionality. NetFile servers have a guaranteed uptime of 99%. LUMIT4TION OF LIABILITY The maximum liability to the City by NctFile and its licensors, if any, under this agreement, or arising out of any claim by the City related to NetFile's services, products, equipment or software for direct damages, whether in contract, tort or otherwise, shall be limited to the total amount of fees received during the last 12 months by NetFile from the City hereunder up to the time the cause of action giving rise to such liability occurred. In no event shall NetFile or its licensors be liable to the City for any indirect, incidental, consequential, or special damages related to the use of NetFile's services, products, equipment or software or NetFile's failure to perform its obligations under this agreement, even iradvised of the possibility of such damages, regardless of whether NetFile or its licensors are negligent. Provided, however, that for any peril or exposure insured against under the insurance required pursuant to Exhibit C, the limits of liability to City by NetFile shall not be less than the amount of applicable, valid, and collectible insurance set forth in Exhibit C. 13 N24o380 AGREEMENT FOR THE PERFORMANCE OF SERVICES BY AND BETWEEN CITY OF SANTA ANA, CALIFORNIA AND NETFILE EXHIBIT B OUTSTANDING COMPENSATION 14 N240380 NetFile P.O. Box 70 Ahwahnee, CA 93601 PHONE (209) 742-4100 FAX (209)391.2200 CLIENT City of Santa Ana Clerk of the City Council 20 Civic Center Plaza W-30) Santa Ana, CA 92701 COMMENTS: Due net 30 days INVOICE AGREEMENT FOR THE PERFORMANCE OF SERVICES BY AND BETWEEN CITY OF SANTA ANA, CALIFORNIA AND NETFILE EXHIBIT C INSURANCE REQUIREMENTS INSURANCE COVERAGE REQUIREMENTS Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall purchase and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements: A. COMMERCIAL GENERAL LIABILITY INSURANCE Commercial General Liability Insurance policy which provides coverage that shall in no event be less than, the following: S1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 personal inj ury 2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits sliall be at least as broad as the underlying coverage and shall otherwise follow form. 3. Contractor shall name the City, its officers, employees, agents, volunteers and representatives as additional insured(s) on the commercial general liability insurance with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. The additional insured endorsement provided by Contractor shall specify that 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. The additional insured endorsement shall also specify that Contractor's insurance is primary and the City's insurance non- contributory. Finally, the additional insured endorsement will specify that insurance shall not be cancelled or materially reduced in overage or limits except aster thirty (30) days written notice to the City. 15 N240380 B. WORKERS' COMPENSATION Workers' Compensation Insurance Policy as required by statute and employer's liability with the following limits: at least one million dollars (51.000,000) policy limit Illness/Injury by disease, and one million dollars ($1,000,000) for each Accident/Bodily Injury. 2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s). IG 0240380 A�Ku CERTIFICATE OF LIABILITY INSURANCE o03110/20 OYI 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 pollcy(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 enciorsement(s). PRODUCER State Farm Insurance 835 E nMariposa 900St. - _ OP7 � O Altadena, CA 91001 N O� CONTACT NAME: MIRNASERNA PHONE .626-791-9915 Ne;626-791-9918 ADDREESS, mima®Jdiehl.com PROpUCER D INSURE S AFFORDING COVERAGE NAICIf INSUREDINSURERA: NETFILE PO BOX 70 AHWAHNEE CA 93601-0070 nmree w r_ec State Farm General Insurance Company 25161 INSURERS: State Farm Fire and Casualty Company 26143 INSURERC: INSURERO: INSURERE: INSURER F: nuieocm; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INEFF }q TYPE OFINSURANCE JURAD­M wvfi BR POLICYNUMBER MMNOYYY MM/OD/yIXYVY LIMITS A GENERAL LIABILITY 92-XV-77024 03/0112020 03/01/2021 EACHOCCURRENCE $ 1.000,D00 x COMMERCIAL GENERAL UABIUTV CLAIMS -MADE OCCUR El Y RE PREMISES Ea occurrence $ 3D000 MEO E%P (Any one arson) 5. S 5.000 PERSONAL S ADV INJURY $ 1.000 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE UMIT APPLIES PER. PRODUCTS-COMP/OPAGG $ 2,000.000 RO-1-1 LOG X POLICY PIFCT $ AUTOMOBILE LUIBIUTY COMBINED SINGLE UNIT ANY AUTO (Ea accltleno S on) BODILY INJURY (Per pars S ALL OWNED AUTOS ❑ BODILY INJURY OF., eWtlenO S SCHEDULED AUTOS DAMAGE HIRED AUDDS (PROPERTY (Per cd (PeraWdenU $ NO"MED AUTOS S E UMBRELLA LUMI OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE ❑ ❑ AGGREGATE $ DEDUCTIBLE RETENTION $ S B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 92-MW-E0343 03/01/2020 03/0112021 Oqy TATU- x OTH- YIN ANY PROPRIETORIPARTNERIFXECUTIVE OFFICER/MEMSER EXCWDED7 El WA E.L. EACH ACCIOEM $ 1.000,000 (Mandatary in Mn f yas, tleactlbe under E.L. DISEASE -EA EMPLOYEE S 1,000.000 E.L. DISEASE -POLICY LIMIT S 1.000.000 B TECHNOOLGY ERROR580MISSI DNS Y 342016 02111/2020 02/11/2021 $2.000.00D- EACH WRONGFUL ACT S2.000.D00 -TOTAL LIMIT OF LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Affach ACORD tat, Addltlanal Remarks Schedule, if merespace la required) DATA AND INFORMATION STORAGE CANCELLATION NOTICE: IF ANY POLICIES ARE CANCELED BEFORE THE EXPIRATION DAE, STATE FARM WILL TRY TO MAIL A WRITTEN NOTICE TO THE CERTIFICATE HOLDER 30 DAYS BEFORE CANCELLATION. City of Santa Ana Risk Management Division 20 Center Plaza, 4[h Floor REVIEWED & APPROVED By Risk MANAGteMENT DivisioN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE POLICY PROVISIONHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Santato Ana, CA 92701 .-, yid AUTHORIZED REPRESENTATIVE Serna rights i ne AwNu name and logo are registered marks of ACORD 1001486 132849A 02-11-2010 CMP-4786.1 Page 2 of 2 2. Any insurance provided to the additional in- (3) The nature and location of any injury sured shall only apply with respect to a claim or damage arising out of the "occur - made or a "suit' brought for damages for rence" or offense; which you are provided coverage. b. Tender the defense and indemnity of any 3. With respect to the insurance afforded to the claim or "suit' to us and to all other insur- additional insured, the following is added to ers who may have insurance potentially SECTION II — LIMITS OF INSURANCE: available to the additional insured; and If coverage provided to the additional insured c. Agree to make available any other insur- is required by contract or agreement, the most ance the additional insured has for de - we will pay on behalf of the additional insured fense or damages for which we would will be the lesser of the amount of insurance: provide coverage under SECTION II — a. Required by the contract or agreement; or LIABILITY. b. Available under the applicable Limits Of 5. With respect to the insurance afforded the ad - Insurance shown in the Declarations, ditional insured, the following replaces SEC- This endorsement shall not increase the a P - TION II —LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — plicable Limits Of Insurance shown in the COMMON POLICY CONDITIONS: Declarations. 4. With respect to the insurance afforded to the a. This insurance is primary to and will not seek contribution from any other insurance additional insured, the following is added to available to the additional insured, provided Paragraph 3. Duties In The Event Of Occur- that the additional insured is a named in- rence, Offense, Claim Or Suit of SECTION sured under such other insurance. II — GENERAL CONDITIONS: b. Regardless of any agreement between The additional insured must: you and the additional insured, this insur- a. See to it that we are notified as soon as "occurrence" ance is excess over any other insurance whether primary, excess, contingent or on practicable of an or an of- fense which may result in a claim. To the any other basis for which the additional in- extent possible, notice should include: sured has been added as an additional in - sured on other policies. (1) How, when and where the 'occur- rence" or offense took place; There will be no refund of premium in the event this endorsement is cancelled. (2) The names and addresses of any in- jured persons and witnesses; and All other policy provisions apply. CMP-4786.1 1007033 148011 08-21-2014 ®, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. REVIEWEisk D & APPRENT OVED Olt CERTIFICATE OF LIABILITY INSURANCE 1 DATE 02/04/20 6YY) 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 JOHN DIEHL State Farm Insurance NAME: P HONE Ext:626-791-9915 aC No):626-791-9918 180 S. Lake Ave Suite 405 E-MAIL JOHN JDIEHL.COM O Pasadena, CA 91101 PRODUCER ADDRESS: OD75608 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:State Farm Fire and Casualty Company 25143 NETFILE, INC. INSURER B:State Farm Fire and Casualty Company 25143 PO BOX 27320 INSURERC: FRESNO, CA, 93729 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY 92-XV-7702-4 03/01/2026 03/01/2027 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE � OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ❑❑ BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ A X UMBRELLA LIAB X OCCUR 03/01/2026 03/01/2027 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE 92-EO-Y230-0 AGGREGATE $ 2,000,000 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION X ORY LIMIT ATU_ OETH R AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A 92-MW-G743-9 03/01/2026 03/01/2027 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 B TECHNOLOGY ERRORS&OMISSIONS E] 342022 702/11/2026 02/11/2027 $2 000,000-EACH WRONGFUL ACT $2,000,000-TOTAL LIMIT OF LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) DATA AND INFORMATION STORAGE CANCELLATION NOTICE: IF ANY POLICIES ARE CANCELED BEFORE THE EXPIRATION DATE,STATE FARM WILL TRY TO MAIL A WRITTEN NOTICE TO THE CERTIFICATE HOLDER 30 DAYS BEFORE CANCELLATION. CERTIFICATE HOLDER CANCELLATION APPROVED By Tu Tram guyert at ll:28 a ,Felt 9,2C9 a CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ATTENTION:JENNIFER HALL,CITY CLERK POLICY PROVISIONS. 20 CIVIC CENTER PLAZA, M-30 SANTA ANA,CA,92701 AUTHORIZED REPRESENTATIVE DIANA IBARRA ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010 AC"R" DATE CERTIFICATE OF LIABILITY INSURANCE 02/042/04/2026/pD/YYY 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_,_Na,nC Rose ROSEWOOD INSURANCE SERVICES, INC. ,PHONE — ^ __..._..—__....----._...._....__-____..._......----.._ IALC..r.Te,,Fxt1L _ _844'_91,0._p_...---._..... --�_lac,Noh__626-844`9222 584 N LAKE AVE E-MAIL _ADDRESS:___2rosewood@sbcglobal.net_ PASADENA - INSURERS)AFFORDING COVERAGE _NAIC# — -- CA 91101 — —_. 9607 ,__,_..— INSURERATRISURA SPECIALTY , INSURED ...---- .._......___. INSURER B: INSURER C: NETFILE, INC. —.....—.. _ INSURER D: 2702-A AURORA COURT _..___._._--...-._.._.__......__........—.,.._- ....._-_._.........- ._ __.._._....... --.....—....—..._—.._._._� INSURER E MARIPOSA CA 95338 __ __........__....._.__...... — - —......—_. INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ......_.__. ADDL$UBR ...... ......._..._ ........ ..__.._._ -- __,... ...._......_. LTR TYPE OF INSURANCE POLICY NUMBER MM/D-vYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY OCCURRENCE...—.,-. $ J CLAIMS-MADE L __I OCCUR 6 R DAMAGE TENTED -� r `-----�`---"---"— PREMISES{Ea occurrence) $ .....__ ......._.--._...___._.._.._„_..._._..__......__,,..-----......._._._ MED EXP(Any one person) $ .......---_....._.....—..._..._...__ -—._._..— —_...._ _—...-.._—,._....-__-.........--._,....__,......___—_.............__...__ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ PRO- I -----.—,...----_...__._—_-__._—_....... _...........---......._ ..---- POLICY .,_�JECT 1..._._1 LOC - PRODUCTS-COMP/OP AGG $ OTHER: __._.._..-----.-....__...—,..-....._—...... .._..—`......____..—.._.— $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ . accidentZ..._.----.._... ._._._.__...___._.......—_._. . ANY AUTO _ BODILY INJURY(Per person) $ --- ALL OWNED ... SCHEDULED ....._-------- ._....------._.-...----_........ ...._._..—..... ........._—._......_—..... __..._.__. AUTOS AUTOS BODILY INJURY(Per accidont) $ .._.—.. HIRED AUTOS .... NON-OWNED AUTOS PROPE f DAMAGE_..----...—.....—_........... ......—_._. _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $ _........................__._.,.-.........----,...,__.—......----._....—.,....._�...._..—...._.__—...,..._. DIEDRETENTIC)N$WORKERS COMPENSATION PER I OTH- $ AND EMPLOYERS'LIABILITY Y/N __ SIXTUIE I ER_ ANY PROPRIETOR/PARTNER/EXECUTIVE ...._ ._.....—.._.._— OFFICER/MEMBER EXCLUDED'? ❑ N/A EL EACH ACCIDENT $ ( andMandatory in E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under ......_._..-----_........---...._.—.._...__............—_......_............._..__....----._.. DESCRIPTION OF OPERATIONS below E.I-.DISEASE-POLICY LIMIT $ A CYBER / PRIVACY X ATB-6607465-06 02/28/2026 02/28/2027 $2,000,000 / $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER IS ALSO NAMED AS ADDITIONAL INSURED. I APPROVED By Tu Tran Nguyen at 11:28 am,Feb 09,2026 CERTIFICATE HOLDER CANCELLATION ---------------- ----- -------------- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTENTION: ,7ENNIFER HALL, CITY CLERK ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC.' CENTER PLAZA, M-30 AUTHORIZED REPRESENTATIVE SANTA ANA CA 92701 e- X-11-10 71 Z-. O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) ; " ►► CERTIFICATE OF LIABILITY INSURANCE 02/06/2026 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 SUBROGATIONIS 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 USAA INSURANCE AGENCY INC/PHS NAME: 65812846 PHONE (888)242-1430 FAX (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Accident and Indemnity Company 22357 NETFILE INSURER B: PO Box 27320 FRESNO CA 93729 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- JECT POLICY PRO- LOC PRODUCTS-COMP/OPAGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 000 000 Ea accident X ANY AUTO BODILY INJURY(Per person) A AUUTOSS AUTOS A O SCHEDULED X X 65 UEC IY4482 04/20/2026 04/20/2027 BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY AT ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE N/A OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more spac APPROVED Those usual to the Insured's Operations. By Tad Trans Nguyen at f :28 arn,Feb 09,2026 ------------------------------------------ CERTIFICATE HOLDER CANCELLATION The City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Risk Management Division BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 20 CIVIC CENTER PLZ FL 4 IN ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92701 AUTHORIZED REPRESENTATIVE 6f ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED USAA INSURANCE AGENCY INC/PHS NETFILE POLICY NUMBER PO BOX 27320 SEE ACORD 25 FRESNO CA 93729 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is an additional insured per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Coverage is primary and non-contributory per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Notice of Cancellation will be provided in accordance with Form IH0313, attached to this policy. ACORD 101 (2014101) ©2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Policy No. 92—Xv-7702-4 CMP-4870 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4870 ADDITIONAL INSURED — PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92-Xv-7702-4 Named Insured: NETFILE INC. PO BOX 27320 FRESNO, CA, 93729 Name And Address Of Additional Insured Person Or Organization: City of Santa Ana,officers, agents,employees,and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. The insurance afforded the additional insured shown in the Schedule shall be primary insurance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage provided by you. All other policy provisions apply. CMP-4870 1006246 137755.1 12-03-2013 ©,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy No. 92—xv-7702-4 Page 1of 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92—XV-7702-4 Named Insured: NETFILE INC. PO BOX 27320 FRESNO, CA, 93729 Name And Address Of Person Or Organization: THE CITY OF SANTA ANA, OFFICERS, AND EMPLOYEES 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA, 92701 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.