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HomeMy WebLinkAboutBARTEL ASSOCIATES, LLC N-2020-095INSURANCE ON FILE WORK MAY PROCEED N-2020-095 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE. Sµ AGREEMENT WITH BARTEL ASSOCIATES LLC t' ,� "`t' vo `j FOR ACTUARIAL VALUATION SERVICES FOR OTHER POST -EMPLOYMENT BENEFITS C= THIS AGREEMENT is made and entered into on this 13a' day of May, 2020 by and between r� Bartel Associates, LLC, a California limited liability company ("Consultant"), and the City of cv Santa Ana, a charter city and municipal corporation organized and existing under the Constitution >_ and laws of the State of California ("City"). 2F RECITALS A. On January 30, 2020, the City issued a Request for Proposal No. 20-005 ("RFP"), by which it sought proposals from qualified firms to provide actuarial services for other post - employment benefits ("OPEB") in accordance with Governmental Accounting Standards Board Statement 75. B. Consultant submitted a responsive proposal that was selected by the City and Consultant represents that it 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: 1. SCOPE OF SERVICES Consultant shall perform those services as described in the Scope of Work, identified and attached hereto as Exhibit A, and the RFP and the Consultant's proposal which are incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total annual amount shall not exceed the amounts specified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $49,461.50. This amount is comprised of (1) the base amount of $44,965 and (2) a 10% contingency of up to $4,496.50 for services performed by Consultant at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper monthly invoices evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 #41547v2 Go 3. TERM This Agreement shall commence on the date first written above for a four (4) year term until May 12, 2024, with the option for the City to grant up to a one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 #41547v2 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 8 #41547v2 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 #41547v2 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential 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. 11. 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. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 #41547v2 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. 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 Page 6 of 8 #41547v2 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Fax:(714) 647-5414 To Contractor: Bartel Associates, LLC Attn: Mary Beth Redding 411 Borel Avenue, Suite 620 San Mateo, California 94402 Phone: 650-377-1617 Fax: 650-345-8057 Email:mbredding@bartel-associates.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 #41547v2 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �. council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By,6 \ Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Dow s(May 20,202015:55 PDT) Kathryn Downs, CPA Executive Director Finance and Management Services Agency #41547v2 CITY OF SANTA ANA Kristine Ridge City Manager BARTEL ASSOCIATES, LLC: WO-1 Nt-L By 6 U-0 &6 Rnd.d: Title: V;r,,, Prev,%4 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES A. The objective of this review is to provide basis for the recognition of Other Post- Employment Benefits (OPEB) costs as prescribed in GASB Statement 75 and to provide relevant information about the actuarial accrued liabilities as presented in the City's Comprehensive Annual Financial Report (CAFR) for the Fiscal Years ending June 30, 2020, through June 30, 2023. The 2019 CAFR can be found on the City's website at http://www.ci.santa- ana.ca.us/finance/cafr/default.asp. The City does not participate in the Ca1PERS California Employers' Retiree Benefits Trust. However, the procedures used must comply with Ca1PERS' Actuarial Assumptions and Methods required for participation in the California Employers' Retiree Benefits Trust (CERBT). Specifically, the selected firm shall provide: i. A determination of actuarial valuation for net OPEB liability by bargaining unit and roll - forward data to comply with all of the requirements of applicable GASB Statement 75. ii. All necessary information for inclusion in the City's audited financial statements for the Fiscal Years ending June 30, 2020 through June 30, 2023. This includes drafting it its entirety the note to the financial statements and all of the required supplementary information in accordance with GASB Statement 75 for each fiscal year. Some of the items to be presented in the valuation report include but are not limited to: o Executive Summary of Results o Summary of actuarial assumptions o Summary of plan provisions o Accounting information (e.g. journal entries, OPEB Expense, etc.) o Actuarial Certification iii. Analysis of how establishing a trust or equivalent arrangement would affect the interest rate assumption, including timing considerations and varying investment options. iv. Assistance in implementing any new GASB statements and other financial pronouncements related to OPEB and providing ongoing professional consultation. V. The actuarial valuation report and all other required information to report in the financial statements should be provided no later than July 31 of each year. B. Completion of the study shall require the following at minimum: i. GASB 75 Actuarial Report for each fiscal year end. ii. Meeting with City staff to determine an appropriate actuarial cost method and selection of data. iii. Preparing a written report in a format acceptable to a prefunding trust plan summarizing the conclusions and recommendations and documenting the analysis. iv. Attending one or more meetings (in -person or conference call) with the Finance staff and possibly with an external auditor to discuss the report. #41547v2 EXHIBIT B COMPENSATION Cost Proposal including hourly rates if applicable #41547v2 Exhibit B SECTION 4 COST PROPOSAL All Proposers are required to submit a cost breakdown by contract year (including renewal option term if exercised); including estimated hours, hourly rates, expenses, and a total not -to - exceed cost with their Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Proposals shall be valid for a minimum ofninety (90) days following Proposal deadline. Our fees are a function of the hours worked by each professional on a project and their hourly billing rates. Our hourly rates and estimated hours for the project are as follows: Team Member 2020 Hourly 2021 Rates (assumes 3% 2022 2023 CPI) 2024 2025 Vice President (Redding) $300 $310 $320 $330 $340 $355 Assistant Vice President $270 $280 $290 $300 $310 $320 Associate Actuary (Frazita) $220 $230 $240 $250 $260 $270 Senior Actuarial Analyst $200 $210 $220 $230 $240 $250 Actuarial Analysts $160 $165 $170 $180 $190 $200 Expenses (none, included in rates) Estimated Hours 2020 2021 2022 2023 2024 2025 Full Full Full Valuatio Roll- Valuatio Roll- Valuatio Roll - Team Member n forward n forward n forward Vice President (Redding) 6 1 6 1 6 1 Assistant Vice President - - _ _ Associate Actuary (Frazita) 15 3 15 3 15 3 Senior Actuarial Analyst - - - - _ _ Actuarial Analysts 40 8 40 8 40 8 Total Feesl $11,500 $2,320 $12,320 $2 520 $13 540 $2 765 Our not -to -exceed fee to prepare a GASB Statement 75 actuarial valuation of the City's retiree healthcare plan as of July 1, 2019 for FY 2020/21 report and for the next 2 cycles is shown above. It includes: I Assumes no "crossover test" is required. See notes below for details. Bartel Associates, LLC 15 City of Santa Ana SECTION 4 COST PROPOSAL ■ An analysis of how establishing a trust or equivalent arrangement, including PARS OPEB Trusts and CalPERS' CERBT, would affect the interest rate assumption, including timing considerations and varying investment options ■ A GASB Statement 75 report at each year-end with all required information for the City's CAFR, Notes, and RSI. ■ A planning (kick-off) meeting (telephonic) with City staff to determine the funding method and discuss required data ■ A conference call meeting with the Finance staff and possibly with an external auditor to discuss valuation results. The meeting can be in -person at the City's request, but more than one in -person meeting per valuation will incur additional fees. ■ A written report a format acceptable to a prefunding trust plan summarizing the conclusions and recommendations and documenting the analysis. The written report will include: o Executive summary o Summary of plan provisions and actuarial assumptions o All accounting information including calculation of OPEB expense and journal entries for recording the expense and changes in deferred inflows and outflows o Actuarial certification ■ The actuarial valuation report will be completed by July 31 of each year, provided the City sends us required year-end data by July 15ty of each year, and provided that in full valuation years, we receive the required census data and asset information by April 1st ■ Bartel Associates will assist the City in implementing other OPEB related GASB Statements and other pronouncements (such as GASB Guidance) and will provide ongoing professional consultation. For any projects requiring more than a minimal number of hours in excess of valuation time we will bill for our tie at the hourly rates above and provide a fee quote in advance of any work. The following items could affect our not -to -exceed fee quote: ■ We assume the subsidy benefit has been eliminated for all groups by the June 30, 2019 valuation date, and only the PEMHCA benefit remains. ■ All participant census data requested must be provided completely, accurately and free from internal inconsistencies in an Excel workbook with one record per participant. ■ The City's funding policy is either no pre -funding (pay-as-you-go) or full prefunding of the actuarially determined contributions. In those cases, no "crossover test" is required to determine the discount rate. If the City's funding policy is between those two endpoints, or if it is variable, a crossover test will be required and our fee will increase $500 for each full year. ■ If it is determined that "significant" changes have occurred which preclude use of the full valuation in the roll -forward year, additional fees will be required to determine the impact of the changes or to perform a new full valuation. Bartel Associates, LLC 16 City of Santa Ana SECTION 4 COST PROPOSAL ■ The valuation will not include information for any accounting requirements for sick leave conversion or contributions to the POA Medical Insurance Trust Fund. ■ There will be no additional charges for expenses (e.g., travel, telephone, copying, etc.). The hourly rates listed above include our costs for these items. ■ We will invoice the City monthly based on time incurred, subject to the above maximum fee. Bartel Associates, LLC 17 City of Santa Ana Bartel Associates - OPEB (2020) (CAO signed) (41598.2) BASigned 2020-05-20 (002) Final Audit Report 2020-05-20 Created: 2020-05-20 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAe4iB_zhfcgPl91-DEAgPBfnbu_mL3UYa "Bartel Associates - OPEB (2020) (CAO signed)(41598.2) BASig ned 2020-05-20 (002)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2020-05-20 - 10:46:58 PM GMT- IP address: 98.153.69.210 &'� Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2020-05-20 - 10:47:43 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2020-05-20 - 10:55:01 PM GMT- IP address: 184.181.108.147 dQ Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2020-05-20 - 10:55:21 PM GMT - Time Source: server- IP address: 184.181.108.147 10 Signed document emailed to Kristin Andrade (kandrade@santa-ana.org) and Kathryn Downs (kdowns@santa- ana.org) 2020-05-20 - 10:55:21 PM GMT ® Adobe Sign COTC PROCESSING FORM �. Agreements / Amendments / Deeds Project Manager is responsible to ensure agreement has beee)),AA7� MAY ?I PM 2. 58 reviewed and approved by City Attorney, all exhibits attacheU;` Certificate of Insurance meets mandatory coverage, complies with CMO contract authority as defined in NS-2963, aGdTy Or= W',N A ANA ultimately, agreement is ready for City Manager executiom,LL ;'j Or ��� COTC will only be responsible for attestation of CMO signature. TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: FMSA PROJECT MANAGER: Sarah Ro MAIL STOP: M-17 EXT.: 5437 The following information must be provided in requesting processing of agreements / amendments / deeds for the City: AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): ❑ 1ST ❑ 2ND ❑ 3RD ❑ An amendment/extension requires a copy of a RFCA / initial agreement (N Agreement) to be included. NAME OF CONSULTANT / PARTY: Bartel Associates, LLc AMOUNT: ❑ * OVER �❑*UP TO *Note: Council approval is required if an agreement with a $50,000 — (A) $50,000 - (A/N) vendor exceeds $50,000 within a Fiscal Year for non- public works agreements. Bid for contracts exceeding $25 000, will continue to require a formal Invitation for Bid. ❑ 1) Approved by council. 0 2) NOT approved by council. COUNCIL APPROVAL DATE: N/A ITEM #: TERM OF AGREEMENT EFFECTIVE DATE: 5/13/2020 TERMINATION DATE: 5/12/2024 SIGNATURES REQUIRED: ❑ VENDOR ❑ DIRECTOR N CITY MANAGER W COTC ❑ CITY ATTORNEY ❑ STATE/ GOV. AGENCY ❑ OTHER (6WSURANCE APPROVAL REVIEWED IBY RIISiK MG'MT. PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: ❑ YES ALL INSURANCE INCLUDED: X YES NOTARIZATION REQUIRED: ❑ YES COMMENTS: Please provide one original copy of the ❑ NO (Provide City Attorney Office approval) ❑ NO ❑11 NO to Sarah Ro. FOR CLERK OFFICE USE ONLY: ❑ PROCESS ❑ DO NOT PROCESS ❑ Missing Signatures ❑Needs Council Approval ❑ Other ADDITIONAL REMARKS: * Effective April 18, 2019, City Manager's contract authority increased via Ordinance NS-2963. I. VAgreementslForm -AGREEMENT PROCESSING FORM_canary_REVISED.doc Revised: 5/15/2020 n n '`"Ic " CERTIFICATE OF LIABILITY INSURANCE °"TE(MwuB ""' 04/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED Provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CD TACT NA E. Cathy Service Van Wyke-Stahl Sergeant Insurance Agency, LLC. PxoxE (818) 561-2600 FAX (818) 436-5908 ac xo 7740 Painter Avenue #210 E.M,UL ADDRESS, INSURE S AFFORDING COVERAGE NAICR Whittier INSURER A: Liberty Mutual Insurance INSU 36940 CA 90602 INSURED ,,,,Be, e: EMPLOYERS PREFERRED INS. CO. 10346 IN suRERc: Indian Harbor Insurance Co 24082 BARTEL ASSOCIATES. LLC INSURER D: Philadelphia Ins. Co. 18058 411 SOREL AVE STE 602 INSURER E: SAN MATEO CA 94402-3525 INSURER F: "" RGYIOIV IY IYUIYI6CK: ABOVE FOR THE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOEOROTHER POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIEIS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BYILTR TYPEOFINSURANCE AOD SUBRPOLICYNUMBER POLICY EFF "RESPECT QMTSX COMMERCIALGENERAL LIABILITY URRENCE s 2,000.000.00CLAIMS-MADE❑X CGCUftORE T Ea accunence s 2.000,000.00M S 15,000.00A wommon) Y Y BKS(20) 57297374 09/01/2019 09/0V202PERSONAL&ADV INJURY S 2,000,000.00 GEN'L X AGGREGATE UMITAPPLIES PER: PRO- 1-1LOC ❑ GENERALAGGREGATE g 4,000,000.00 PRODUCTS-COMPIOP AGO S 4,000,000.0 POLICY JECT OTHER: E AUTOMOSILELIABILRY COMBINED SINGLE LIMIT Ea a¢ident S 1'000,000.00 ANY AUTO BODILY INJURY (Per person) S A OWNED SCHEDULED AUTOS ONLY As BAS 2 (20) 57297374 09/01/2019 09/01/2020 BODILY INJURY IPer accieen0 $ X HIRED x NON -OWNED AUTOS ONLY AUTOSS ONLY PROPERTY pAMAGE S Per a¢idenl S UMBRELLA Me OCCUR EACH OCCURRENCE § AGGREGATE § EXCESS LIAR CLAIMS -MADE DEO I I RETENTIONS § WORKERSCOMPENSATION X/ AND EMPLOYERS' LIABILITY YIN RE B ANYPROPRIETORP OFFICERIMEARIERUC UDEDXEGUTIVE NIA Y EIG 2685705-01 09/01/2019 09/01/2020 E.L. EACH ACCIDENT g 1,000,000.00 (Mandatory In NH) II yes, describe uMIer EL DISEASE -EA EMPLOYEES 1,000,000.00 E.L.DISEASE-PODGY LIMIT E 1,000,000.00 DESCRIPTION OF OPERATIONS Miaw Misc. Professional Liability am m a a m , C MPPOO1715215 09/01/2019 09/01/2020 Dam Lim (Pol Agg) 5,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be sUached if more space is required) D: CYBER LIABILITY -PHSD1521412- 02/12/2020 - 02/12/2021 - POLICY AGGREGATE 2,000.000- DEDUCTIBLE 10,000 CITY OF SANTA ANA, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND REPRESENTATIVES ARE HEREBY NAMED AS AN ADDITIONAL INSURED BY CONTRACT ON POLICY # SKS (20) 57297374 and SAS (20) 57297374 AS RESPECTS TO OPERATIONS OF THE NAMED INSURED ONLY, SEE CG2010. COVERAGE UNDER POLICY # BKS (20) 57297374 & SAS (20) 57297374 IS PRIMARY AND NON-CONTRIBUTORY ABOVE ANY OTHER INSURANCE THE CERTIFICATE HOLDER(S) MAY CARRY. 30 DAY NOTICE OF C T & o REVIEWED Epirw N City of Santa Ana Finance & Management Services 20 Civic Center Plaza Santa Ana nww c� to 1 erve/ ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CA 92701 t ne Auuttu name and logo are registered marks of ACORD reserved_ W, LAD15-3014T, LAD Hired Actuarial SL..ices in Response to GASB 67, 68, and 71 Bartel Associates, LLC POLICY NUMBER: BKS (20) 57 29 73 74 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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) Locations Of Covered Operations City of Santa Ana, it's, officials, officers, employees, ALL LOCATIONS OF THE NAMED INSURED and representatives. 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 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 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) designated above. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All work, including materials, parts or equipment 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 That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. REVIEWED i APPROVED CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 COMMERCIAL GENERAL LIABILITY BARTEL ASSOCIATES, LLC. POLICY# BKS (20) 57297374 & BAS (20) 57297374 CG 20 01 0413 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 REVIEWED & APPROVED By Risk MANAGEMENT DIVISION Y � CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the Issuance of waivers of subrogation REVIEWED & APPROVED By Risk MANAGEMENT DivisiON This endorsement changes the policy to which It is attached and is effective on the data issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 09/0112019 Policy No. EIG 2685705 01 Issued to BARTEL ASSOCIATES LLC Premium Countersigned at at 12:01 AM standard time, forms a part of Of the EMPLOYERS PREFERRED INS. CO. Carrier Code 00920 Endorsement No. on By Authorized Representative WC040306 (Ed. 4-84) 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Franc!ne R. V!IIarea I S(1-i tyF ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYVVV) 09/04/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cathy Service Van Wyke-Stahl JNAME Sargeant Insurance Agency, LLC. AICNIdo E.t: (818) 561-2600 AIc No): (818) 436-5988 7740 Painter Avenue #210 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE Ni INSURERA: Liberty Mutual Insurance 24082 Whittier CA 90602 INSURED INSURERS: The Hartford 29424 INSURERC: Indian Harbor Insurance Co 36940 INSURERD: BARTEL ASSOCIATES, LEG INSURER E: 411 BOREL AVE STE 620 1 INSURERF: SAN MATEO CA 94402-3525 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. NOTNITHSTAN DING 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 TR TYPE OF INSURANCE ADDL SUBR POLICVNUMBER POLICY EFF MMIDDIYVVV POLICY EXP MMIDDIYVVV LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000.00 CLAIMS -MADE X OCCUR PREMISES Ea occurrence $ 2,000,000.00 SEE FAR (Anyone person) $ 15,000.00 PERSONAL &ADV INJURY $ 2,000,000.00 A Y N BKS (21) 57 29 73 74 09/01/2020 09/01/2021 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000.00 POLICY PROJECT [::] LOC X PRODUCTS - COMP/OPAGO $ 4,000,000.00 $ OTHER AUTOMOBILE LIABILITY COMBI dent SINGLE LIMIT Ea acciden $ 1,000,000.00 BODILY INJURY (Per person) $ ANY AUTO A owNED SCHEDULED AUTOS ONLY AUTOS BAS 21 57297374 ( ) 09/01/2020 09/01/2021 BODILY INJURY (Per accident) $ X HIRED IxNON-OVNMED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN AFFIPROPRIE ER ORdPAR UDED?NER/E ECUTIVE FN (Mandatory in NH) NIA Y 72 WECAH2RPZ 09/01/2020 09/01/2021 X STER ATUTE EE0 E.L. EACH ACC $ 1,OOQ000.00 ELDISEASE- EAEMPLOYEE $ 1,000,000.00 If yes describe under DESCRIPTION OF OPERATIONS below EL.DISEASE - POLICY LIMIT $ 1,OOQ000.00 a aim , MISC. PROFESSIONAL LIABILITY C MPP001715216 09/01/2020 09/01/2021 (Pal Agg) 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACO RD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND REPRESENTATIVES ARE HEREBY NAMED AS AN ADDITIONAL INSURED BY CONTRACT ON POLICY # BKS (21) 57297374 and BAS (21) 57297374 AS RESPECTS TO OPERATIONS OF THE NAMED INSURED ONLY, SEE CG2010. COVERAGE UNDER POLICY # BKS (21) 57297374 & BAS (21) 57297374 IS PRIMARY AND NON-CONTRIBUTORY ABOVE ANY OTHER INSURANCE THE CERTIFICATE HOLDER(S) MAY CARRY. 30 DAY NOTICE OF CANCELLATION. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 30 CIVIC CENTER PLAZA 4th Floor 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 © 1988-2015 ACORD C ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Rime Mrrnaganent DMi flan REVEWED Is APPROVED BY: Risk Management Analyst LAD15-3014T, LAD Hired Actuarial Services in Response to GASB 67, 68, and 71 Bartel Associates, LLC POLICY NUMBER: BKS (21) 57 29 73 74 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 19:1R240BIG] *14M1401191d:Fil0I 3*39:1=111:1111117I[wm:j4ME 9=1111NNEI111111IllN41111111 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) Locations Of Covered Operations City of Santa Ana, it's, officials, officers, employees, ALL LOCATIONS OF THE NAMED INSURED and representatives. 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Rime Management DMsian REV EWED & APPRDVED BY: '� Risk Management Analyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 Rime Management DMsion REVIEWED&APPRDVEDBy., '� Risk Management Analyst COMMERCIAL GENERAL LIABILITY BARTEL ASSOCIATES, LLC. POLICY# BKS (21) 57297374 & BAS (21) 57297374 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 0 Insurance Services Office, Inc., 2012 Rime Mattagmient DMsion REVIEWED&APPRDVEDBY: '� Risk Management Analyst Bartel Associates, LLC. Policy # BKS (21) 57297374 [d•]PtlPtl=1:Zd►_l WC3=10I=1:L10q►_1-114kCA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: We] f•4frda:Z01F-AWe] q►1aMr-A04/G1 22I11V&SI6 /q:L'Ce3affG1:41 The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". CG7555(11-04) Includes copyrighted material of ISO Properties, Inc. with its permission. Rime Management Diaisinn ( rREmEWED&APPRDVED By., r \JIii.11.1i:L' b� Z. vdt,4 t¢ '� Risk Management Analyst Tori Pierson Digitally signed by Tori Pierson Date: 2021.10.06 08:45:53-07'00' ACOR" CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYW) 0912212021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cathy Service Van Wyke-Stahl Sargeant Insurance Agency, LLC. A/c°Nr o Ext : (818) 561-2600 FAX No : (818) 436 5988 E-MAIL ADDRESS: 7740 Painter Avenue #210 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: The Hartford 29424 Whittier CA 90602 INSURED INSURER B : Indian Harbor Insurance Co 36940 INSURER C INSURER D: BARTEL ASSOCIATES, LLC INSURER E : 411 BOREL AVE STE 620 INSURER F: SAN MATEO CA 94402 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000.00 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES EaRENTED occurrence 000 $ 2,000,000.00 MED EXP (Any one person) $ 15,000.00 PERSONAL & ADV INJURY $ 2,000,000.00 A Y Y 57SBABN8199 09/01/2021 09/01/2022 GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 4,000,000.00 POLICYEl PRO LOC JECT X PRODUCTS - COMP/OP AGG $ 4,000,000.00 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000.00 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS N 57SBABN8199 09/01/2021 09/01/2022 BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ X HIRED IxNON-OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYP ROPRI ETO R/PA RT N E R/EX EC UT I V E YIN OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) NIA Y 72 WEC AH2RPZ 09/01/2021 09/01/2022 X PER STATUTE OERH E.L. EACH ACCIDENT $ 1,000,000.00 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000.00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,000.00 B Professional Liability MPP001715217 09/01/2021 09/01/2022 Dam Lim a C aim Dam Lim (Pol Agg) ,000,000.00 5,000,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, IT'S OFFICERS, OFFICIALS, EMPLOYEES, AND REPRESENTATIVES ARE HEREBY NAMED AS AN ADDITIONAL INSURED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT ON POLICY # 57SBABN8199 AS RESPECTS TO OPERATIONS OF THE NAMED INSURED COVERAGE IS PRIMARY AND NON-CONTRIBUTORY ABOVE ANY OTHER INSURANCE THE CERTIFICATE HOLDER(S) MAY CARRY. 30 DAY NOTICE OF CANCELLATION. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA AUTHORIZED REPRESENTATIVE Riefr><f�agaxenf IXvieion APPROVED B": Santa Ana CA 92701 ©1988-2015 ACORD C( - ns""ra"age ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD BARTEL ASSOCIATES LLC POLICY NUMBER: 57 SBA BN8199 ENDORSEMENT NUMBER: 1 THIS ENDORSEMENT SUMMARIZES THE POLICY LANGUAGE, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Organization: City of Santa Ana, it's officers, officials, employees, and representatives. (Section C6) WHO IS AN INSURED: The person(s) or organization(s) identified is (are) included as an Additional Insured to the person or organization shown in the Declarations, by written contract or written agreement provided the injury or damage occurs subsequent to the execution of the contract or agreement; but only with respect to liability arising out of "your work" for that additional insured by or for you. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. ADDITIONAL PROVISIONS PRIMARY AND NON-CONTRIBUTORY If agreed by written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and the Insurer will not seek contribution from that other insurance. WAIVER OF RIGHTS OF RECOVERY (Waiver of Subrogation) The Insurer named above waives any right of recovery the Insurer may have against the Additional Insured(s) when the Insured has waived their rights of recovery against any such person or organization in a written contract or written agreement that was executed prior to the injury or damage. NOTICE OF CANCELLATION The insurance afforded by this policy shall not be canceled except after thirty (30) days' advance written notice has been given to the Additional Insured(s). (10 days advance written notice for non-payment)idew Signature -Authorized Representative: � Note: Any discrepancy between this certificate addendum and the policy language shall be fni inri in f:wnr of the Insurer policy language. REAEwED & APPROVED BY' cl /QiG �[£/SP.Qf2 Risk KF ge tClaris[Aide THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC AH2RPZ Endorsement Number: Effective Date: 09/01/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Bartel Associates, LLC. 411 BOREL AVE STE 620 SAN MATEO CA 94402 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07/22/21 iA� �_ Ri& Mudgme„ i nhiakm A _ ReoEwm & APPROVED BY' %a�ri �e`errQars Risk NFanagement Cl eriral Aide Policy Ex.------- ---- -- - --