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CHATTEL, INC. (2)
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES MN $.I.ZbZI RK OF COUNCIL ��DATE: N-2021-047 AGREEMENT WITH CHATTEL, INC. TO PROVIDE I HISTORIC RESOURCES SERVICES THIS AGREEMENT made and entered into this IST day of March, 2021, by and between CHATTEL, INC., a California Corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of historic resources, Historic Properties and Mills Act applications. 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 provide various historic resources for the City of Santa Ana services upon request of the Executive Director of the Planning and Building Agency, as set forth in the Proposal dated February 26, 2021, attached hereto and incorporated herein as Exhibit A. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. t 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended for services provided by Consultant shall not exceed Twenty Thousand Dollars ($20,000) during the Term of this Agreement. b. Payment by City shall be made within thirty (30) 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. t NMENUM 7iV 1 This Agreement shall commence on the date first written above and terminate on June 30, 2021, unless terminated earlier in accordance with provisions, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be 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 2 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, 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. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal 3 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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 parry by any subsidiary and/or agent of the other parry 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. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 4 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 Copies to: Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5897 To Consultant: Robert Jay Chattel, AIA - President Chattel, Inc 13417 Ventura Boulevard Sherman Oaks, CA 91423 (818)788-7954 Email: Robert@chattel.us A parry may change its address by giving notice in writing to the other party. 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 telefacsimile, 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. 10. 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 representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either 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 parry, which are not embodied herein. 5 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. NON-DISCRINIINATION 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. 14. 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. 15. 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 0 N-2021-047 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 1 DAISY GO Z Clerk of the ouncil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Rya10.dg Assiy Attorney RECOMMEND APPROVAL: MINH THAI Executive Director Planning & Building Agency CITY OF SANTA ANA �,w STINE RIDGY City Manager CONSULTANT Robert Jay QgatM, AIA President Exhibit A Chattel, Inc. I Historic Preservation Consultants February 26, 2021 VIA EMAIL (PGomez( santa-ana.org) Mr. Pedro Gomez Planning and Building Agency City of Santa Ana 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Re: Proposal for Historic Preservation Consulting Services Dear Pedro, In response to your recent email, Chattel, Inc. (Consultant) is pleased to provide this proposal for historic preservation consulting services for the City of Santa Ana (City). It is understood that the City is currently processing 13 Santa Ana Register of Historical Properties (Santa Ana Register) and Mills Act applications scheduled to be heard at three Historic Resources Commission (the Commission) meetings between March and July and anticipates additional processing additional applications over the next several months. Eight applications are tentatively expected to be considered on the Commission's March agenda and five applications are expected to be on the May agenda. The City requires Chattel's assistance with those applications, consistent with the services we provided with respect toSanta Ana Register nominations in September and October 2020. Specifically, Chattel will provide preliminary assessments of Santa Ana Register eligibility and peer review of Department of Parks and Recreation (DPR) forms completed by City staff. Additionally, if the City has need for general historic preservation consultation, Chattel will provide such on an as -needed, time -and - materials basis, up to the limits of the contract. Chattel understands that the City intends to issue a Master Services Agreement for these services, as described by the following scope of work. Firm Descrintion Chattel, Inc. is a consulting firm that provides solutions for historic properties. Robert Jay Chattel, AIA, its president, is a California licensed architect who meets the Secretary of the Interior's Professional Qualification Standards as a historic architect. Project materials prepared by Consultant are instruments of service. For over 25 years, our staff of architects, historians, and planners has worked to get financial incentives for rehabilitation projects. We also help governmental agencies and stakeholder groups identify important community resources and plan for their preservation. The regulatory world surrounding development projects can be complex, and we have the skills and experience to streamline project review and achieve creative changes to historic properties. From our Los Angeles office, we assist clients throughout the western United States. Brief biographies of Chattel team members are attached. Please read about our success stories at We have extensive experience with the identification, research, and evaluation resources. Chattel has been providing these services to communities and props Mr. Pedro Gomez February 26, 2021 Page 2 two decades and specifically to the City of Santa Ana for the last several years. In addition, Chattel recently (2020) completed an Historical Resources Technical Report, identifying all documented historical resources in Santa Ana, in support of the Santa Ana General Plan Update and its associated Environmental Impact Report. Scone of Services Task t Eligibility Assessment. Chattel will recommend the eligibility or non -eligibility of each group of properties for whom applications for listing in the Santa Ana Register of Historical Properties and award of a Mills Act contract have been received by the City. If Chattel recommends eligibility, the appropriate categorization of "Landmark," "Key," or "Contributive" will also be proposed. The City will provide photographs, background research, and initial determinations of eligibility. As time permits and according to need, Chattel may supplement the City's research or may request that additional research be completed by the City, on a case -by -case basis. All recommendations for eligibility and categorization will be based on the criteria specified in Chapter 30 of the City's Municipal Code. It is anticipated that up to three memos will be required. Deliverable: • Brief memoranda, one per Commission agenda, summarizing recommendations for eligibility or non -eligibility and appropriate categorization and the reasons for those recommendations for eleven properties. The memos will be submitted to the City within five business days of receipt of completed research and photography. Task 2 Review of Santa Register of Historical Properties Templates (DPRs). Chattel will provide peer review of templates (DPRs) for each group of properties applying for inclusion in the Santa Ana Register. The City will provide the completed templates in MS Word. Chattel will review the templates in MS Word "Track Changes" and will leave comments in the files, as appropriate. Chattel's review will be focused on ensuring that the templates satisfy the State of California Office of Historic Preservation (OHP) Instructions for Recording Historical Resources and other professional standards. The Chattel reviewer will satisfy the Secretary of the Interior's Professional Qualification Standards, in accordance with CHIP requirements. Deliverable: • Review of each group of Santa Ana Register templates, with edits and comments provided in electronic format ("Track Changes'). Task 3 As -Needed Historic Preservation Consultation. If hours and budget are available, and if requested by Staff, Chattel is available to provide guidance by qualified historic preservation professionals on a variety of issues. These issues may include (but are not limited to): determinations of eligibility of applicants to the Santa Ana Register of Historical Properties; attendance of the Historic Resources Commission meetings; assistance with the application of the Secretary of the Interior's Standards for Rehabilitation; and guidance in the implementation of the City's Mills Act program. Deliverable: To be determined on an as -needed basis Inclusions The scope of services of this agreement is dependent on the City's provision of the addresses, research, photography, and draft DPR forms to Chattel for its consideration and review. Limited additional historical research may be performed, as necessary. Although not anticipated, site visits (from the public right-of-way) may also be conducted. Mr. Pedro Gomez February 26,2021 Page 3 Exclusions Archaeological investigations, tribal consultation, and public outreach are excluded from the limited scope of services provided in this agreement. In -person or virtual public hearings are not budgeted as part of Task 1 or Task 2, but may be added on a time -and -materials basis, upon request. Reauested Items In order to facilitate our work, we request clear copies of the following documents, preferably high - resolution digital reproductions (JPEG or PDF format): • Address and neighborhood location of each of the eleven properties in question. • Photographs of the eleven properties. At least 3 views, obliques and directly in front, of each property are preferable. • Copies of all building permit cards for each property • Any other research relevant to each property, such as a PDF of the owner/ applicant application form, Ancestry.com data (city directories, federal census, etc.) or Santa Ana library research, if available. • Draft templates completed by the City Project Cost Estimate Given the unspecified number of applications to be processed and additional services that may be requested, total project costs cannot be estimated. Therefore, we propose to work on a time and materials basis, for a not -to -exceed total of $20,000. An estimated cost for the thirteen Santa Ana Register applications currently in the queue and scheduled for Commission review in March and May is provided. Estimated Costs for thirteen Santa Ana Register Applications Task 1 Eligibility Assessments (two memos) $2,250 Task 2 Review of DPRs (up to thirteen) $3,900 Estimated total for 13 properties $6,150 We bill extraordinary expenses of air travel, car rental, hotel, outside photocopying, and film, processing and printing at cost. We will utilize the following individuals at stated municipal hourly rates. You will be notified in advance of any changes in the foregoing rates or personnel. Name Robert Chattel Leslie Heumann Christi di lorio Susan O'Carroll Ph.D. Nels Youngborg TBD Olivia White Aleli Balaguer Alvin -Christian Nuval TBD TBD Narek Mkrtoumian Title Hourly Rate Principal/Preservation Architect $190 Principal Associate $150 Principal Associate $150 Consulting Principal Associate $150 Senior Associate $95 Associate III $95 Associate II $95 Associate II $95 Associate II $95 Associate 1 $95 Office Manager $60 Intern $40 We will bill monthly. As a small business, we require payment of invoices within thirty (30) days. If additional services are requested which exceed the total amount stated above, this agreement will be modified in writing to provide for such additional work and/or increased dollar amount. Either Mr. Pedro Gomez February 26, 2021 Page 4 party may terminate this agreement by providing written notice. If additional services are needed, a written change order request will be prepared by Consultant and signed by the Client before additional services are commenced. This proposal is valid for 45 days. If this proposal is acceptable, please forward the Master Services Agreement for our review and signature. Our insurance documentation is on file with the City and will be updated upon request. Should you have questions, please call (818) 788-7954 (office) or (323- 459-9666, Leslie Heumann mobile). Very truly yours, CHATTEL, INC. R bert Jay CFII aft I, , President California ArctWit ct License No. C27398 Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834 Mr. Pedro Gomez February 26,2021— Page 5 STAFF BIOGRAPHIES ROBERT JAY CHATTEL, AIA President I Historic Architect Both a licensed general contractor and architect in California with more than 30 years' experience in planning, design and construction, Robert Chattel's unique qualifications include meeting the Secretary of the Interior's Professional Qualifications Standards in Architectural History and Historic Architecture. Robert has experience working for non-profit, government, and for -profit entities, including the Los Angeles Conservancy, Community Redevelopment Agency of the City of Los Angeles and a private real estate developer. He holds a B.A. in Architecture from U.C. Berkeley and a M.S. in Historic Preservation from Columbia University. In 1994, he established Chattel, Inc. From its office in Los Angeles, the firm works on design collaboration, environmental review and preservation policy projects in the western United States. As President, Robert specializes in applying the Secretary of the Interior's Standards for the Treatment of Historic Properties and interpreting federal, state and local historic preservation law and regulations. Robert and his firm have received awards from the California Preservation Foundation, Los Angeles Conservancy, American Planning Association, and the City of Los Angeles for projects ranging from preservation of the Beverly Hills Waterworks (the subject of his master's thesis) to stabilization of the Breed Street Shul in east Los Angeles, and rehabilitation of the downtown Los Angeles Central Library. LESLIE HEUMANN Principal Associate / Principal Architectural Historian Leslie Heumann, Architectural Historian, with over 40 years of experience in all aspects of historic resource management, specializes in historic resource surveys, historic assessments, and landmark nominations; use of the Secretary of the Interior's Standards for Treatment of Historic Properties; and preparation of documentation pursuant to the California Environmental Quality Act, National Historic Preservation Act, and National Environmental Policy Act. Beginning her career with the City of Pasadena, where she eventually became the coordinator of the citywide Architectural and Historical Inventory, Leslie went on to conduct historic resources surveys in Alhambra, Altadena, Beverly Hills, Carmel, Glendale, Houston, Long Beach, Los Angeles, Rancho Mirage, San Clemente, Santa Ana, Santa Monica, South Pasadena, Upland, West Hollywood and several other communities as well as for the Los Angeles Unified School District and other school districts. Leslie's expertise also includes preparation of context statements and individual property Historic Resource Assessments. She has authored or supervised the preparation of numerous cultural resources impacts reports in support of CEQA and NEPA for projects throughout California ranging in scope from individual developments to General Plan updates. Additional areas of expertise include drafting local historic preservation ordinances, Historic American Buildings Survey documentation and historic school modernization issues. Leslie meets the Secretary of the Interior's Professional Qualifications Standards in History and Architectural History. Mr. Pedro Gomez February 26, 2021 Page 6 SUSAN O'CARROLL, Ph.D. Consulting Principal Associate / Principal Planner Susan O'Carroll has over 25 years of planning experience, and for the last 20 has worked as a California Environmental Quality Act (CEQA) specialist managing preparation of Environmental Impact Reports (EIRs), Negative Declarations, and environmental document critiques. Susan has managed preparation of over twenty EIRs, and numerous Negative Declaration and Mitigated Negative Declaration documents. She is experienced in preparing EIRs for controversial projects and for projects where development and evaluation of a range of alternatives is key to clarifying environmental issues facing decision - makers. Examples of such projects include Central Area New Learning Center#1 (Ambassador Hotel site, cultural resources section) for Los Angeles Unified School District and the Rancho Malibu Hotel project in the City of Malibu. Susan managed preparation of a focused EIR for a highly controversial project in the City of Beverly Hills, the Chateau Arnaz project, which dealt both with historic issues and the development of alternatives. She also contributes to projects involving formulation of preservation policy: for the City of Carmel, she participated in drafting the historic preservation ordinance; and for Mare Island in Vallejo, she helped prepare Historic Resources Project Guidelines. Susan holds Ph.D. and M.PI. degrees in Urban and Regional Planning from USC and a B.A. in Experimental Psychology from UC Santa Barbara. She has provided customized CEQA training for cities of Beverly Hills, Los Angeles, Santa Clarita and Santa Paula, as well as for the Planner's Institute. She served for seven years as part-time faculty for Schools of Public Administration and Urban and Regional Planning at USC where she taught courses on policy analysis, urban economics, transportation planning, and urban studies. Susan also served as Adjunct Faculty for Troy State University's Master of Public Administration Program in the Pacific Theater, where she taught Intergovernmental Relations, Research Methods and Economics for Public Administrators. CHRISTINE DI IORIO, AICP Principal Planner/ Architectural Historian Christi di lorio has over 28 years of experience as a planner working for various cities in California, most recently as project manager for the City of Millbrae where she managed and orchestrated special economic and development projects through the entitlement process. She has also worked as Community Development Director for City of Marina where she managed six divisions with an annual general fund budget of $10 million dollars; for the City of Carmel -By -The -Sea as Community Planning and Building Director; and for the City of La Quinta as Planning Manager. Christi holds a Bachelor's degree from Colorado State University in Historic Preservation and a Master of Arts degree from University of California, Riverside in Historic Resources Management. She is certified by the American Institute of Certified Planners (AICP) and meets the Secretary of the Interior's Professional Qualifications Standards in History and Architectural History. Mr. Pedro Gomez February 26, 2021 Page 7 NELS YOUNGBORG Senior Associate / Architectural Historian Nels Youngborg has thirteen years of experience in the architectural inspection services and historic preservation fields. He holds a Masters Certificate in Historic Preservation from the University of Texas, San Antonio and is completing his thesis for a M.S. in Historic Preservation from the University of Pennsylvania. For over six years, Nels worked as a consultant to advise public housing authorities on best practices for maintaining, weatherizing and rehabilitating their properties and how to approach projects that would impact historic resources. These services required experience with material life -cycle analysis, LEED AP accreditation, federal certification for real estate assessment, and intimate knowledge of Federal and State regulations regarding historic resources. Nels also worked as a student professional worker and an emergency appointment planning assistant at the City of Los Angeles Department of City Planning Office of Historic Resources for two years. He managed the Historic - Cultural Monument program, worked with the Cultural Heritage Commission to create their hearing schedule, wrote staff reports to advise the City's historic preservation cases, assisted in management of the Mills Act program, reviewed and cleared permits for historic resources, reviewed Environmental Impact Reports that proposed potential impacts to historic resources, and served as the social media coordinator for SurveyLA, the Los Angeles Citywide Historic Resources Survey. At Chattel, Nels has continued to manage aspects of the City of Los Angeles's Mills Act Program, including pre -approval and periodic inspections. Nels specializes in assessment of historic significance, design review, permit expediting, geolocational database management and map creation through ArcGIS software, material condition assessment and risk analysis, preparation of documentation to support local, State and Federal historic preservation regulations, such as the Los Angeles Cultural Heritage Ordinance, Mills Act, California Environmental Quality Act (CEQA), National Historic Preservation Act (NHPA), and compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. OLIVIA WHITE Associate II / Architectural Historian Olivia holds a M.A. in Historic Preservation Planning from Cornell University and a B.A. in American Studies from Saint Louis University. Her previous experience includes working for the Preservation Research Office in St. Louis, the Nevada Preservation Foundation in Las Vegas, and the Presidio Trust in San Francisco. At Chattel, Olivia has been involved in nearly all types of projects, including preparing historic resource assessments, local designation applications for historic properties, peer reviews, preservation plans, reviewing projects for conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties; participating in design collaboration; and performing construction monitoring. She was successful in preparing designation applications and advocating for the designation of two Santa Monica Landmarks in 2018, a turn -of -the -twentieth century single- family residence, and Carousel Park, a post-modern cultural landscape at the Santa Monica Pier. Olivia was selected to present at the Preserving the Recent Past (PRP3) conference in 2019 to discuss Carousel Park. Her master's thesis is a critique of rightsizing planning in Baltimore, Maryland looking specifically at Project C.O.R.E. and the projected impact it will have on historic resources in majority African -American neighborhoods. Olivia is passionate about the preservation of Brutalist architecture, the adaptive reuse of former industrial buildings, and making social equity central to preservation planning. Olivia meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History. Mr. Pedro Gomez February-26, 2021- - Page 8 ALELIBALAGUER Associate II / Planner Aleli holds a Master of Urban and Regional Planning degree, with a concentration in Design and Development and a graduate certificate in Urban Humanities from UCLA, and a B.A. in Architecture and Minor in Social and Cultural Factors in Environmental Design from U.C. Berkeley. Aleli's professional background includes experience as a junior designer at Rodriguez Associates Architects & Planners in San Diego, design intern at Jamboree Housing Corporation in Irvine, and preservation intern at Chattel prior to advancing as an Associate. Before joining Chattel, Aleli drafted multi -family residential projects from schematic design through construction, including city submittals and permitting; as well as drafted ADA-compliant kitchens and bathrooms for affordable housing units. Working with Chattel, Aleli has prepared Historic Structure Reports; a Cultural Resources Technical Report in support of California Environmental Quality Act compliance; Historic Resource Assessments, historic contexts and surveys, Secretary of the Interior's Standards for the Treatment of Historic Properties conformance reports, and significant space diagrams. In 2017, Aleli was selected as a Diversity Scholar by the National Trust for Historic Preservation to attend the 2017 PastForward Conference in Chicago, Illinois. In 2018, Aleli was selected by her cohort as the UCLA Urban Planning Commencement Student Address Speaker. At UCLA, her master's capstone project developed findings and recommendations on promoting culture and economic development through Business Improvement Districts in immigrant, ethnic neighborhoods. This project was a recipient of UCLA Urban Planning's capstone competition award. While at U.C. Berkeley, Aleli managed Maganda Magazine, a Filipino -American literary arts publication, as Editor -in -Chief, and served as Design Editor for The Daily Californian. Aleli is passionate about historic and cultural preservation in underrepresented communities, and the intersection of cultural heritage preservation with community resiliency through inclusive planning. ALVIN-CHRISTIAN NUVAL Associate II / Planner Alvin holds both a Master of Urban and Regional Planning with concentrations in Design and Development and Transportation Policy and Planning and a B.A. in Global Studies with a Minor in Education Studies from UCLA. Alvin's professional experience includes interning for Chattel prior to advancing as an Associate, working with cultural community -based organizations in Historic Filipinotown and Little Tokyo, and engaging in the production of events such as the Los Angeles Asian Pacific Film Festival and CicLAvia. At Chattel, Alvin has drafted historic resource assessments and historic context statements; conducted neighborhood and property research, field surveys, and DPR documentation; and produced graphics such as significant space diagrams and alteration maps to support various assessments and reports. In 2018, Alvin received a Student Scholarship to attend the National APIA Historic Preservation Forum in San Francisco. At UCLA, his master's capstone project focused on identifying ways to support teachers, educators, and parents in introducing urban planning topics to elementary school -aged children. For his work, he received a Shapiro Fellowship and was selected by the Lewis Center for Regional Policy Studies as a student grantee. Alvin is passionate about making urban planning concepts and ideas more accessible to people of all ages and sees good design as a way of connecting to people from different backgrounds. Francine R. ViIlareal ManlbMomhr`a„e KIIII. ,I sue, laxalool l L17504Taa 4CORO CERTIFICATE OF LIABILITY INSURANCE DATE(MWODNYYY) �i 09/23/2020 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 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 endorsementfs). PRODUCER GGNIAGI NAME: Josie Ruzette Newfront Insurance Services, LLC PHONE (415) 754-3635 wC 552nd Street E-MAIL No: josie.ruzette@newfront.com Floor 18 ADDRESS: INSURERS AFFORDING COVERAGE NAIL# San Francisco CA 94105 INSURERA: Sentinel Insurance Company Ltd 11000 INSURED INSURERS: Prop & Cas Ins Co Hartford 134690 Chattel, Inc. 13417 Ventura Blvd Sherman Oaks CA 91423 rr1VFRAr:FA rFRTIFICATR MI IMRPD- OC1/I0If%kI alnaaDce. 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 ADDLSUBR INSO mn POLICYNUMBER POLICY EFF MWODIYYYY POLICY EXP MWDDA'YYY LIMITS A x COMMERCIALGENERALLIABILITY CLAIMS -MADE � OCCUR x 57 SBA BK9041 DX 08/01/2020 08/01/2021 EACHOCCURRENCE $ 1,000,000 DAMAGETORENTEO PREMISES Ea occurrence $ 1,000,000 GEN'L x MED EXP (Any one parson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PECROT ❑ LOC J OTHER: GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OS OWNED SCHEDULED NON -OWNED HIREDAUTOS H AUTOS X 57 SBA BK9041 DX 08/01/2020 08/01/2021 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident)UTOS $ PROPERTY DAMAGE Per accident $ A X1 UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE 57 SBA BK9041 DX 08/01/2020 08/01/2021 EACH OCCURRENCE $ 1,000,000 M AGGREGATE $ 1,000,000 DEO I x I RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN AN OFF CER/MEMBEREXCLUDED?ROPRIETOWPARTNERAEXECUTIVE ❑NIA (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below x 57 WEC AB9AXK 08/01/2020 08/01/2021 x PER OTH- STATUTE ER E.LL. EACH ACCIDENT $ 1,000,000 E.DISEASE-EA EMPLOYE $ 1,000,000 EL.DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1e1, Additional Remarks Schedule, maybe attached if more space is required) RE: Agreement Nos A-2017-172 and A-2017-290 City of Santa Ana, its officers, employees, agents and representative are included as additional insureds on General liability and Auto liability. Primary and Non -Contributory is included. Waiver of Subrogation applies. 30 days Notice of Cancellation with 10 days notice for non-payment of premium in accordance with the policies provisions. City of Santa Ana Risk Management Division 20 Civic Center Piz FI 4 Santa Ana ACORD 25 (2014101) 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 CA 92701 / WdeMnwgemmtDiyidan REM MM&APPROVD9Y: ©1968-2014 ACORD C R. Vj&nuI The ACORD name and logo are registered marks of ACORD - Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM (6)—When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit'. 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. Form SS 00 08 04 05 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. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all 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. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person agreement ors ,� w.kMwwgnnmt o[wInn prior to theinj c/ a��°`:r°; REM &arPRwMBY: �. Ruk NMnag,m.t Malyst INRilL,1*i-9R/_1:114YC(K0PI4:L[CIAM01 7 JI -F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Page 18 of 24 3. Additional Insured -Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the s shown in the =#J�� Rl'I'VIEV/ED&APPRO�V$mBY. Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured —Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Form SS 00 08 04 05 8. (a) Any failure to make such inspections, adjustments, 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 sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (if) Such inspections, adjustments, 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 sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you leas g� Zak Mowg0nedDl Ion RE\ne &APPRov®av: -: �--� Risk Manager n[Anatys[ 1-31b91k,14*111111/e1-311111C91901TINI T�i�77 This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. Page 20 of 24 The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement' means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement' does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto' means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto' does not include "mobile equipment". 5. 'Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territon ?jkmvAganaaDm9bn �' Risk Manage* ent Maysl BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or Form SS 00 08 04 05 b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits oflnsurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Pai that part of an s RlakMmaga=dDMsian '. pry" REVIEWED & APPRovm BY. lk Ruk Management Analyst BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto" b. While it is in or on an aircraft, watercraft or "auto": or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; RkkMawgemmt.DMninn h [� k ewRENEWED&APPR�O}VY �ED BE: _tID1.111F1' 1 44 Z. VaLL4N 1 ® Ritk Management MTyst BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement' g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement": or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 08 04 05 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" RiskMougVWd9Mefon f"A� z vj&44f ®'. ® Risk hlnnagemen[Malys[ a. Is not your "e BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and Page 24 of 24 (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work': a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. IN 18A Management[)Msim REVIEWED &pAPPRoVVEDBY. of-�I�iYM.L Imo. �KfN}PICC ® Ruk Management Mayst x_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC AB9AXK Endorsement Number: Effective Date: 08/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CHATTEL, INC. 13417 VENTURA BLVD SHERMAN OAKS CA 91423 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 from 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: 06/22/20 Policy E. :n PJAMoagementlxvhlon REVIE O & APPROVED By: ��' Risk Management Analyst