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HomeMy WebLinkAboutPARK CONSULTING GROUP, INC..�1 ti%TNSURANCE NOT ON FILE ,�`��' WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: ®o IT— I,x ilcunV`1 c.C1IC CONSULTANT AGREEMENT N-2020-132 THIS AGREEMENT is made and entered into on this_day 2020, by and between Park Co mthing Grou:M: ffiee; a California corporation ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant to provide Enterprise Land Management System ("LMS") Procurement Services for the City. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A attached hereto. 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 the Cost Proposal - Exhibit B attached hereto. The total sum to be expended under this Agreement shall not exceed FifRyfflnoumd Dollars,($50,-00&00) during the Term of this Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above, and terminate on•.March 11­202-1, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. Page I of 8 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that 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 iibility Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be 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. Page 2 of 8 b. Business atitlfe, or equivalent forty, 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.orleet sompensatrgPnce. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) Page 3 of 8 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity slid 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 clue to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782, 8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY IN DENINIFICATION Consultant shall defend anti, 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. :7�:79C�T�771T.� 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 Agreemmnt 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, front 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 aperiod of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential 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 eidier 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 Page 4of8 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-DISCRI'MINA'TION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized tepr6sentative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party; which is not embodied herein. W. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer; delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant Page 5 of 8 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 proposes 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 thoprovisions 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 waive of any other breach, failure, right or remedy, whether or not similar, nor shall any waive 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 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 property 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: Page 6 of 8 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: Chief Technology Innovations Officer City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Glenn Park Principal Consultant Park Consulting Group, Inc. 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 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 ceifified, 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. 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 filly set forth in the body of this Agreement. Page 7 of 8 N-2020-132 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: CITY OF SANTA ANA Kristine Ridge City Manager SONIA R. CARVALHO CONSULTANT: City By: Rya: Assi RECOMMENDED FOR APPROVAL: Jac :iulla Ch' Technology Innovations Officer Glenn Park Principal Consultant Tax ID# 47-1892447 Page 8 of 8 EXFIIBIT A SCOPE OF SERVICES SANTA ANA C A L I F O R N I A da F ELAPI Prepared for: City of Santa Ana Attn: Jack Ciulla Chief Technology Innovations Officer City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Prepared by: Park Consulting Group 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 Glenn Park glenn(8)oarkcgo.com July 17, 2020 City of Santa Ana - LMS Procurement Services SCOPE OF SERVICES The team at Park Consulting Group have applied experiences and lessons learned from previous and active LMS procurement projects to recommend the following consulting services needed for the City of Santa Ana's LMS Procurement Project: Core Principles of Park Consulting Group • Serve as a steward to the City to have the interests of the leaders, staff, and constituents in mind to identify opportunities to save time and money, and to work to achieve the City's goals. • Serve as an advocate for the City in interactions with project related vendors, consultants, and contractors. • Serve as an advisor for the City to support communication with leadership and key stakeholders, including input for staff reports and constituent communications. 2. Our Commitment During COVID-19 to Project Delivery Excellence We understand that COVID-19 is significantly affecting the City of Santa Ana's operations. Park Consulting Group has taken actions to proactively implement new ways of serving clients collaboratively through remote channels and virtual technology. We have a proven track record of successfully implementing and supporting projects virtually and will deploy appropriate strategies and approaches throughout the duration of the project. Our priority is to achieve the City's goals and objectives, while preserving the health and safety of its staff and constituents. 3. Continuity of LMS Procurement Services The Park Consulting Group has partnered with the City of Santa Ana for the past months in successfully analyzing and deploying an LMS prototype based on the City's current LMS system (SAPIN). In choosing to have Park Consulting Group provide LMS procurement services, it will benefit the City by providing continuity of knowledge and understanding of City's current LMS requirements and associated processes to carry over into the LMSprocurement services project. PCG will leverage the learnings from the LMS prototype to provide services for the City of Santa Ana's LMS procurement services project with the following proposed activities and deliverables: Planning o Program Sponsor Planning PCG will prepare for and initiate the project with the City's program sponsors. These meetings will confirm our understanding of the City's needs, desired approach and timeline, scope of work encompassed the RFP, and the high-level process for accomplishing the overall objectives of the procurement. Establish RFP Procurement Approach and Timeline PCG will establish a procurement approach and timeline that identifies the tasks, activities, resources, schedule, deliverables, and major milestones. Facilitate IT team kick-off and ongoing meetings with staff team members participating in RFP procurement process PCG will meet with the City's staff team members to define timeline, deliverables, project participants, and other project activities items to organize a successful procurement process. During these meetings, PCG will review tools and templates that will be leveraged to detail procurement artifacts. o Key Deliverables/ Milestone: City of Santa Ana - LMS Procurement Services ■ Procurement Approach & Timeline ■ Conduct Project -kick-off and follow-up meetings with City staff team RFP Document Documentation of Current -State Inventory of SAPIN including User, Case Types, Fees, Reports, and Integrations PCG will participate in working sessions with staff team members to identify required current -state inventory of SAPIN functional requirements / data. PCG will develop a template that will capture and manage these details including users, case types, fees, reports, integrations, and technical requirements. This will ensure that all required current SAPIN functionality / data are retained and defined to be scoped in the new LMS. PCG will conduct reviews of data populated by staff in the SAPIN Inventory document. Documentation of Future -State Inventory of desired LMS capabilities PCG will participate in working sessions with staff team members to identify desired future - state capabilities. PCG will develop a template that will capture and manage these details including integrations, modules, automated scripts, and application extensions (mobile, online, IVR, etc.). This will ensure that all desired future -state capabilities of SAPIN are defined to be scoped in the new LMS. PCG will conduct reviews of the Future -State Inventory document. SAPIN Video Demo Preparation PCG will participate in working sessions with staff team members to identify critical current - state SAPIN functionality and capabilities to be delivered in the new LMS. After these are confirmed, PCG will work closely with staff that will record and narrate the SAPIN functionality into screen -captured video demo recordings. These files will be provided to PCG and PCG will review for completeness and add required context and details to the RFP Document. This will ensure that all critical SAPIN capabilities are retained and defined to be scoped in the new LMS. RFP Draft Preparation PCG will prepare a draft RFP for review by the City. PCG will utilize a preferred existing RFP template and modify to meet the objectives of the LMS procurement. PCG will conduct a review of the City template and incorporate additional LMS RFP document leading practices. If required, PCG will meet with the City's staff team, purchasing, and legal staff to verify RFP terms and conditions. The RFP will be initially drafted by PCG and further reviewed with staff for inputs for all sections including purpose, scope of work, evaluation criteria, timeline, submission requirements and templates, current environment, business and operations metrics (i.e. number of users, operational stats, etc.), current -state and future -state inventory, and communication and response process. RFP Scoring ! Evaluation Criteria PCG will prepare a draft RFP Scoring / Evaluation approach for review by the City. PCG will incorporate the desired phased scoring approach of an initial written / video demo evaluation to establish a short-list of 3-4 desired vendors to move forward in the process, then an evaluation of the short-listed vendors to a finalist. PCG will work with the City to establish the desired categories and score weighting through the process. The deliverables will include scoring sheets for each scorer for each phase of the procurement process and an aggregated scoring sheet to track each evaluation phase. City of Santa Ana - LMS Procurement Services Identify Potential LMS Vendors PlanetBids notifications to vendors of new bids/ proposals are limited to vendors who have previously registered to the site and signed up for these notifications. Most LMS vendors in the market have most not registered to the City's PlanetBids site. Due to this limitation, PCG will work with the City to identify a comprehensive list of LMS solution providers. PCG will compile key contact information about each vendor and review the listing with the City. If needed, PCG can also assist the City in creating a notification email message for the RFP. The notification list will be made available to the City in a timeline manner to be confirmed and available to be sent out the same day of the City's RFP posting date to PlanetBids. This will ensure the City allows ample time for the LMS vendors to provide an adequate response. RFP Package for Posting to PlanetBids PCG will participate in working sessions with staff members to compile the final RFP Package to be ready for posting to the City's PlanetBids website. The RFP Package will include the Final RPF Document, Current -State Inventory, Future -State Inventory, and SAPIN Video Demos. PCG will work with the City's staff team and purchasing staff to ensure RFP Package artifacts are successfully loaded and available. Key Deliverables/ Milestone: ■ SAPIN Inventory and Future -state Inventory Template ■ RFP Draft Document ■ SAPIN Video Demo Kick-off ■ Scoring / Evaluation Criteria ■ Identified Potential LMS Vendors ■ RFP Package posted to PlanetBids Agreement Review and Contract Negotiation o Initial Quote, Agreement, and SOW Review PCG will perform a review and provide feedback of the proposed quote, agreement, and scope of work based on the details of the RFP. PCG will prepare feedback from the quote, agreement, and scope of work review to the City to help prepare for subsequent contract discussions and negotiations with the vendor. Contract Negotiation PCG will assist the City staff team in preparing for negotiation meetings with the vendor and will attend to support the City staff team during negotiation meetings. If required, PCG will also meet with purchasing and legal staff during the contract negotiation process. PCG will respond to action items and next steps to ensure critical dates and milestones for contracting are met. Staff plans to seek approval of the contract at a November/ December 2020 City Council Meeting, Key Deliverables/ Milestone: ■ Quote/ Agreement / Statement of Work Review ■ Quote/ Agreement / Statement of Work Negotiated with Vendor . Key Assumption: City Staff will own RFP Response and Submission Management and Reviews, Vendor Shortlisting, Product Demos, Interviews, and Final Scoring EXHIBIT B COST PROPOSAL City of Santa Ana - LMS Procurement Services Cost Proposal A. LMS Procurement Services LMS Procurement services are proposed to be provided with a fixed -price compensation approach tied to specific milestones / deliverables. The not to exceed compensation amount is $33,000. - Program Sponsor Planning - Establish RFP Procurement Approach Planning and Timeline 5% $1,650 - Facilitate IT team kick-off and ongoing meetings with staff team members participating in RFP procurement process - Documentation Current -State Inventory of SAPIN 22% $7,260 - Documentation of Future -State Inventory RFP Creation - SAPIN Video Demo Preparation 21% $6,930 - RFP Draft Preparation 25% $8,250 - Identify Potential LMS Vendors - RFP Package for Posting to PlanetBids 2% $660 Agreement Review and - Initial Quote, Agreement, and SOW o 10/a $3,300 Contract Review Negotiation - Contract Negotiation 15% $4,950 Total 100% $33,000 ' City Staff will own RFP Response and Submission Management and Reviews, Vendor Shortlisting, Product Demos, Interviews, and Final Scoring B. LMS Implementation Project (if Requested) The LMS Implementation Project services can be initiated immediately after the completion of the LMS Procurement project, if allowable by the City and new LMS software vendor. PCG can provide additional implementation services, if requested by the City. PCG's level of effort to deliver required implementation services for the project will be aligned to typical LMS Implementation Phases and Methodology. In order to provide cost-effective services to the City, PCG will provide fixed price services by month and by project phase. PCG will work closely with the City's Project Team to determine an LMS Implementation Project services budget and proposal that aligns to the needs of the City. Expenses Travel time and mileage cost to and from the City of Santa Ana City Hall are included as part of the cost proposal. Expenses related to services typically include travel expenses for site visits (e.g., hotel, mileage, airfare, ride share/ taxi, and meals), document printing, ancillary hardware and software (e.g., training video recording device and software), etc. and will only be utilized and billed with prior approval from the City, or designee at a cost + 15% administration fee. City of Santa Ana - LMS Procurement Services Additional Services M Additional services will utilize the following hourly rates within the detailed scope, if necessary, that City staff was intending to perform, but is not able to complete on its own. Scope of services outside of this proposal will also be considered based on the following hourly rate: Project i Principal LMS Consultant $185/ Hour LMS Project Consultant $160/ Hour CERTIFICATE OF LIABILITY INSURANCE L.� DATE(MMIDD/YYYY) nn/"1/omn 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(tes) 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 USI INSURANCE SERVICES LLC/PHS PHONE (877)532-3466 INc, No, Esn: FAX (888)443-6112 (Nc, No): 41715154 The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE RACE INSURED INSURER A: Sentinel Insurance Company Ltd. 11000 360 BC Group Inc DBA 360 BUSINESS CONSULTING INSURER B: 25562 GLORIOSA DR INSURER C: MISSION VIEJO CA 92691-4644 INSURER D INSURER E : INSURER F : UUVERAGES 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 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR General Liability EACH OCCURRENCE $1,000,000 X DAMAGE TOREWT PREMISES $1,000,000 $10,000 MEDEXP(Anyonepersant A X X 41 SBA AD7771 09101/2019 09/01/2020 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- [j]LOC. JECT GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLELIMIT Ea accident)1,000,000 $ ANYAUTO BODILY INJURY (Per person) A ALL OWNi SCHEDULED AUTOS AUTOS X X 41 SBA AD7771 09/01/2019 09/01/2020 BODILY INJURY Per accident I 1 X HIRED NON-0WNED AUTOS rX AUTOS PROPERTY DAMAGE (Peraccident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR MADE - MADE AGGREGATE DE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER BTAT OTH- ANY YIN PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA E.L EACH ACCIDENT E.L DISEASE -EA EMPLOYEE (Mandatory In NH) E.L DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attache) if more space Is required) Those usual to the Insured's Operations. The City Of Santa and its officers, employees, agents, and representatives are named as additional insureds per the Business Liability Coverage Form SS0008 attached to this policy. R" Z1r4 112 INFIX I a:UJ III II a C NIT d farelliG\IIh1J City of Santa Ana & APPROVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Risk Management Division 20 CIVIC CENTER PLZ FL 4 REVIEWED By RISK MANAGEMENT DIVISION BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SANTA ANA CA 92701-4058 M 12 2 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE GAT7 E (MIDO/YYYY) 041112020 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 AUTOMATIC DATA PROCESSING INS AGCY CONTACT NAME: PHONE (800)524-7024 (AIC, No, Eat): FAX (800)524-4013 INC, No): 76250873 1 ADP BLVD MIS 625 E-MAIL ADDRESS: ROSELAND NJ 0706E INSURER(S) AFFORDING COVERAGE NAICN INSURER A: Hartford Fire and Its P&C Affiliates 00914 INSURED INSURER B : 360 BC GROUP INC DBA 360 BUSINESS INSURER C: CONSULTING INSURER D: 25562 GLORIOSA DR INSURER E: MISSION VIEJO CA 92691-4644 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.NOTNITHSTANDING 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, INSP LTR TYPE OF INSURANCE ADOL INS SUER POLICY NUMBER POLICY EFF POLICY EXP M p LIMBS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑OCCUR DAMAGE TO RENTED PREMISES Ea mcImencel MED UP (Any one person) PERSONAL B ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE POLICY ❑ PRO- ❑ LOC JECT PRODUCTS-COMP)OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT tln BODILY INJURY (Per person) ANY AUTO ALL OWNED BODILY INJURY (Par accident) AUTOS AUTOUIEO HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS IPeraccdeng UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAR H CLAIMS - MADE AGGREGATE OED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER STATUTE OTH- A ANY YIN PROPRIETOWPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA 76 WEG ADOP3F 05110/2020 05/1012021 E.L. EACH ACCIDENT $1,000,000 EL DISEASE -FA EMPLOYEE $1,000,000 (Mandatory In Ni If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000.000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES tACORD 101, Additional Remarks Schedule, may be attached If more apacets required) Those usual to the Insured's Operations. The City of Santa and its officers, employees, agents, and representatives are named as additional insureds per the Business Liability Coverage Form SS0008 attached to this policy. ■na:uluNraNa:ullrna: wnAway.�zoT. - - - -- -- - 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 & APPROVED IN ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92701-4058 REVIEWED By RISIL MANAGEMENT DIVISION' AUTHORIZED REPRESENTATIVE [� /+ cJ I Ball x LGl07Qitz-cG2l ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) a go are registered marks of ACORD A r•A�f^® ^ik � CERTIFICATE OF LIABILITY INSURANCE DATE(MM'°° ""1 1/3012020 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 If endorsed. 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 Wood Gutmann & Bogart CONTACT NAME: Kell Minton PHONE UUG. big. ExG.714-505-700o uc No:714573-1770 15901 Red Hill Ave., Suite 100 Tustin CA 92780 ao i IL s: kminton@wgbib.com INSURLERIPJ AFFORDING COVERAGE NAICS INSURER A : CIIIZeO Insurance Of America INSURED PARXCQ Park Consulting Group, Inc. 200 Spectrum Center Dr Ste 300 INSURERB: INSURERC: -- Irvine CA 92618 INSURERD: INSURER E: COVERAGES r.FITTIarrera all manee..,...,�.,,,.-. INSURER F: • •---- t<cvlawry ryUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO POLICY PERIOD THE INSURED NAMED ABOVE;9i INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITHTO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBLL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRLTR TYPE OF INSURANCE POLICYNUMBER MMI�OYlrnY MMUOYEYrr A X COMMERCIAL GENERAL LIABILITY OB3D808332 1/18/2020 1/18/2021EACH OCCURRENC,000,000CLAIMS-MADE FRIOCCUR MA PR MISE Ea ur,000,000MED EXP (My one persan,000 PERSONAL S ADV INJURY E1;000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE X POLICY 0 jQCT LOC 2,000,000 PROOUCT9-COMP/OP AGG 2,000,000 $ OTHER: S AWOMu6IEDLIABILnr><er,' EOMBIItlmISINGLE LIMn ANY AUTO E BODILY INJURY (Per person) E OWNED SCHEDULED AUTOS ONLY I N NOS HIRED OWNED - �.. BODILY INJURY(Puaccidenl) S AUTOS ONLY AUTOS ONLY -PROPERTYDAMAGE E Per a,cidem S UMBRE LA OCCUR EXCESS LIAO EXCESS CLAIMS -MADE EACH OCCURRENCE S AGGREGATE g DED RETENTIONS — ORSCOMP-ENSA•T1p[$-,- .PER S AND EMPLOYERS'LIABILITY YIN -,STATUTE ER - ANYPROPRIETOR/PARTNERJFXECUTIVE f OFFICERIMEMBERE%CLUDEDP NIA - � E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE E Il yyedRIWdbe under OESCRIPrION OF OPERATIONS below �� E.L. DISEASE - POLICY LIMIT E A Ertars80missions 0830808332 1/18/2020 '.1/18/2021 Each Limit s1.00g000 Aggragels $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD IN, Additional Remarks Schedule, may be attached If more Bruce Is required) The City of Santa Ana, it's officers, employees, agents, and representatives are named as additional ir�q�re'�yP�Pg' r I �'II anached 3971006 0816 as required by written contract subject to the terms and conditions of the policy. Primary and Non-Ca,J!ir`ut ry, plieoheal Liability attached 39110030816, y r�Y 41Wr Ile'-MFYT !Nht•.-i per 30 Day Notice of Cancellation applies per the attached 401-1236 72 14 I�AI c: - D BRIE Sff1TT-LEir-r CERTIFICATE HOLDER r,..,.,.-, , .r..... City of Santa Ana Risk Management Division 20 Civic Center Plaza, MIT 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. AUTH/ORRIIMO REPRESENTATIVE ©1988-2015 ACORD I ne AL UKu name and logo are registered marks of ACORD nm hisurcna: yer OB3 DBoa332 1001141 THIS ENDORSEMENT GRANGES THE POLICY, PLEASE READ IT CAREFULLY, BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM This endorsement amends coverages provided under the BnSInessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businassawners Coverage Farm, except as provided below. The following changes are made to SECTION II LIABILITY: 1, Additional Insured by Contract, Agreement or Permit The following Is added to SECTION it LIABILITY, C, Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed In a written contract, written agreement or permit to add such person or organization as an additional Insured on your policyy is an additional Insured only with respect fo liability for "bodlly Injury", "property damage', or "personal and advertising Injury" caused, in whole or In part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) WIII not be broader than the Insurance which you are required by the contract, a reement or permit to provide for suoh additional Insured. (3) Applies on a prinnary basis if that is required by the written contract, written agreement or permit, (4) Will not be broader than coverage provided to any other Insured. (6) Does not apply If the "bodily injury", property damage" or "personal and advertising Injury"is otherwise excluded from coverage under this Coverage Pail, Including any endorsements thereto, 391-1006 08 16 includes aopyrighied materials of insurance Services offices, Inc., With its Irermissfon. Page 1 of 6 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal Injury and advertising injury". (2) 'To any person or organization Included as an insured by another endorsement Issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising O1 ury arises out of sole negligence off the lessor. (4) To any; (a) Owners or other Interests from wham land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (1) The "occurrence" takes place or the offense Is committed after You cease to be a tenant In that premises; or (11) The "bodily injury", "property damage", personal Injury' or "advertising Injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor, (5) To "bodily Injury", "pro )art( damage" or personal and adverbs ng Injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims """list any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily Injury" or "property damage" of - the otfenss which caused the "personal and advertising in11jury" involved the rendering of or failure to render any professional services by or for you, d. With respect to the Insurance afforded to these additional Insureds, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the additional Insured for a covered claim Is the lesser of the amount of Insurance: 1. Required by the contract, agreement or permit described In Paragraph a.; or 2, Available under the appplicable Limits of Insurance shown in the peclarations. This endorsement shall not Increase the eelsable Limits of Insurance shown in the e. All other insurin agreements, exclusions, the and conditions of policy apply. 2. Additional Insured • Broad Forin Vendors The following is added to SECTION 11 LIABILITY, C. Who Is An Insured: Additional Insured • Bread Form Vendors a. Any person or organization that is a vendor with whom you agreed in 'a written contract or written agreement to Include as an additional Insured under this Coverage Part Is an insured, but only with respect to Iiability for "bodily injury" or "property damage' arising out off "your products" which are buted distrior sold In the regular course of the vendor's business., b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other Insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising Injury' is otherwise excluded from coverage under this Coversge Part, Including any endorsements thereto c. With respect to Insurance afforded to such vendors, the following additional exclusions apply: The Insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for Which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have In the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391.1006 06 16 Includes copyrighted metoncis or Insuronoo services Offices, Inc., with Its Permission, Pegs 2 of 6 '�; l-w (3) Any physical or chemical change in the product made Intentionally by the vendor; (4) Repackaging, unless unpacked solely lot - the purpose of inspection, demonstration, testing, or the substitution of parts under Instruction from the manufacturer, and then repackaged in the original container; (5) Afailure to make such inspection, adnJyustmenta, tests or servicing as the vendor lies agreed to matte or normally 3, undertakes to make In the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, excep# such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or 4, In radiant of any other thing or subbstance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of khe vendor for its own acts or omissions or those of its employyees or anyone else acting on Its belnaff, However, this exclusion does not apply to: (a) The exceptions contained within the exclusion In subparagraphs (4) or (6) above; or (b) Such Inspections, adjusbnents, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or gals of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (16)'ro any person or organization included as an Insured by another endorsement Issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering Into, accompanying S. or containing such products. 4 Z�\' Flan ?ver� Insurance C:rotip. OB3 D808332 1001141 The most we will pay on behalf of the vendor for a covered claim Is the lesser of the amount of Insurance: I. Required by the contract or agreement described In Paragraph a,; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarations. Alienated Premises SECTION II - LIABILITY, B, Exclusions, 1, Applicable To Business Liabilft Coverage k, Damage to Properly, paragraph (2� is replaced by the following: (2) Promises you sell, give away or abandon, If the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by. you, at the time the property was transferred or abandoned, Broad Form Property Damage • Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION li - LIABILITY, B, Exclusions, 1, Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage' to borrowed equipment while at a Jobsite and not being used to perform operations. Paragraph i3), (4) and (0) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the pur�oses of this endorsement, the follow! ngg definitlon is added to SECTION If - LIABILITY, F. Liability and Medical Expenses Definitions; 1, "Customers goods" means property of your customer on your premises for the purpose of being: a, Worked on; or b. Used In your manufacturing process. c. The insurance afforded under this provision Is excess over any other valid and collectible property Insurance (including deductible) available to the Insured whether primary, excess, contingent or on any other basis, Incidental Malpractice - Employed Nurses, Pmr$ and Paramedics d, With respect to the Insurance afforded to SECTION 11 - LIABILITY, C. Who Is An Insured these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION it - LIABILITY, D, Liability and Medical Expense Limits of insurance: 391.1006 68 16 Includes copyrighted materials of Insurance Services offices, Inc., with its permission. Page 3 of 6 ,ice 4 �§N­ Hanover Insurance Group. OB3 0808332 1001141 1. SECTION I - PROPERTY, If two or more of this However, if you agree in a written coverage part's coverages apply to the same loss or damage, we will not pay contract, written agreement, or written that the more than the actual amount of the loss or permit insurance provided to any person or damage, organization included as an 2. SECTION II - LIABILITY, It is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and forms, endorsements or policies Issued to non-contributory, we will not seek the named Insured by us, or any company contribution from any other affiliated with us, do not provide any Insurance available to that Additional duplication or overlap of coverage for the "suit", Insured which covers the Additional same claim, 'occurrence''offense, Insured as a Named Insured except: accident, "wrongful act" or loss. We will not pay more than the actual amount of (1) For the sole negligence of the Additional Insured; the loss or damage. or If this Coverage Part and any other (2) When the Additional Insured is an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy Issued to the named insured by us, or any company affiliated with us, apply to b. Excess Insurance the same claim, "suit", occurrence, This Insurance is excess over: offense, accident, "wrongful act" or loss, the maximum Limit of Insurance under all (1) Any of the other Insurance, such Coverage Parts, forms, endorsements or policies combined shall whether primary, excess, contingent or on any other basis: not exceed the highest applicable Limit of (a) That Is Fire, Extended Insurance under any one Coverage Part, Coverage, Builder's Risk, form, endorsement or policy. Installation Risk or similar This condition does not apply to any coverage for "your work"; Excess or Umbrella Policy Issued by us (b) That Is Property Insurance for specifically to apply as excess Insurance premises rented to you or over this policy. temporarily occupied by you G. Liberalization with permission of the owner; If we adopt. any revision that would broaden the (c) That Is insurance purchased by you to cover your liability coverage under this policy without additional premium within 45 days prior to or as a tenant for "property during p the olic y period, the broadened damage" to premises rented to coverage will Immediately apply to this policy, you or temporarilyoccupied by H. Other Insurance you with permission of the owner; or 1. SECTION I - PROPERTY (d) If the loss arises out of the If there Is other Insurance covering the maintenance or use of same loss or damage, we will pay only for aircraft, "autos" or watercraft the amount of covered loss or damage in to the extent not sub act to excess of the amount due from that other SECTION II - LIAMLITY, Insurance, whether you can collect on it or Exclusion g. Aircraft, Auto or not. But, we will not pay more than the Watercraft; and applicable Limit of Insurance of SECTION 1 (2) Any other primary insurance . PROPERTY. available to you covering liability 2. SECTION 11 - LIABILITY for damages arising out of the f other valid and collectible Insurance is premises or operations, or the products and completed available to the Insured for a loss we cover under SECTION II - LIABILITY, our operations, for which you have been added obligations are limited as follows: an additional insured by attachment a. Primary Insurance of an endorsement. This Insurance is primary except when When this Insurance is excess, we b. below applies. If this will have no duty under SECTION 11 - Paragraph nsurance is primary, our obligations LIABILITY to defend the insured are not affected unless any of the against any "suit" if any other other insurance is also primary. Then, Insurer has a duty to defend the we will share with all that other insured against that "suit". If no other Insurance by the method described in Insurer defends, we will undertake to paragraph c. below, do so, but we will be entitled to the 391.1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 insured's rights against all those other Insurers. c. When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that Is not described in this provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until It has paid Its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance' of all insurers. r. When this insurance Is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit' that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the Insured's rights against all those other insurers. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above, Our forms then in effect will apply. If you do not pay the continuation premium, this Policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change In your business operation, acquisition or use of locations may occur during the policy period that is not shown In the Declarations, If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then In effect. J. Premium Audit I. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that Period and send notice to the first Named nsured. The due date for audit premiums Is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I • PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to Impair them. But you may waive your rights against another party In writing: 391-1003 08 16 Includes copyrighted material or Insurance Services Office, Inc., with its permission. Page 80 of 81 a. Prior to a loss to your Covered Property. b, After a loss to your Covered Property only If, at time of loss, that party Is one of the following; (1) Someone Insured by this Insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant, You may also accept the usual bills of ladingg or shipping receipts limiting the Ilabillty of carriers. This will not restrict your Insurance, 2, Applicable to SECTION II - LIABILITY Coverage: If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us, The Insured must do nothing after loss to impair such rights. At our request, the Insured will bong "suit" or transfer those rights to us and help us enforce them. nsurance 9'1C?VePGroup" I.. OB3 DB08332 '1001141 We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for Injury or damage srlsing 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", This condition does not apply to Medical Expenses Coverage,. L. Transfer of Your Rights and Duties tinder This Policy Your rights and duties under this policy may not be transferred without our written consent except In the case of death of an individual Named Insured, If you die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative, Until your le al representative Is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391.1003 0810 Includes oopyrlghtod malarial of Insurance Services orlice, Inc,., with Its permiaslon. Page 8A of{{81 Inaurann+ (gaup. OEi3 D808332 1001141 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) This endorsement modffles Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS COVERAGE FORM OHLmml„ r .rvM4L4 Name of Designated Entity/ Mailing Address or Email Address ---•--••------- um er Days Notice CITY OF SANTA ANA RISK MANAGEMENT DIVISION 30 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA,CA 92701 (informatlnn ranuirprl to rmm�hra r-•- ••� W�„��u,�, i, nuk onuwn auuve, WIII De shown In the Declarations,) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of byanamelansooftourechhoosing, TT"hennotiaeshown to the Dtesignatedhe uEntIty(s) willch cstateybe the effective sent mocancellation, pp tdy rre thanthesnumber of Noinaadvan e of<theeffecttive dlateeofrcancelllation thatsw© are equir(ed to provide to the Named Insured for such cancellation. Such notice of cancellation Is solely for the purpose of Informing the Designated Entity(s) of the effective date of cancellatlon and does not grant, alter, or extend any rights or obligations under th[s policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, 401.123512 14 Includes copyrighted) material of Insurance Services office, Inc., with its permission. Page 1 of 1 ParK PARK CONSULTING GROUP January 16, 2020 City of Santa Ana FINANCE AND MANAGEMENT SERVICES AGENCY Purchasing Division 20 Civic Center Plaza Santa Ana, California 92701 To Whom It May Concern: This letter is to inform you that Park Consulting Group currently does not hold active Worker's Compensation Insurance and Commercial Automotive Insurance and are requesting an exemption for these items in the standard agreement requirements For the following reasons: • Park Consulting Group has not, and currently does not, employ any employees or payroll • Park Consulting Group does not own any vehicles nor will any individuals associated with Park Consulting be driving or using Park Consulting Group owned vehicles in the course of doing business for the City of Santa Ana Please do not hesitate to contact me regarding any questions. Thank you. Sincerely, Glenn Park Owner (626)224-1656 glenn@parl(cgp.com