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HomeMy WebLinkAboutTOWNSEND PUBLIC AFFAIRS (2)INSURANCE ON FILE A-2021-049 o WORK MAY PROCEED N UNTIL INSURANCE EXPIRES CLERK OF COUNCIL c": DATE: AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR STATE LEGISLATION ADVOCACY SERVICES (7: M4 MAU4 'f Wtie (TkwIelSo THIS AGREEMENT is made and entered into this 6th day of April, 2021, by and between Townsend Public Affairs, Inc. ("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. On February 2, 2021, the City issued Request for Qualifications No. 21-016, by which it sought proposals from qualified firms to provide state legislative advocacy services on the City's behalf. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 21-016. 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 fim 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 the services described in the scope of work that was included in RFQ No. 21-016, which is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B as Contract Year 1. The total sum to be expended under the term of this Agreement shall not exceed $60,000. b. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. C. Consultant shall be compensated for any services provided to the City starting on April 1, 2021, to the effective date provided below. d. 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 Pagel of 8 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2022, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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 subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 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, volunteers and representatives as additional insured(s); (b) be primary 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 California 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 emissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) 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. Page 3 of 8 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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. 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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 Page 4 of 8 it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (e) 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (1\4-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 1401 Dove Street Suite 330 Newport Beach, CA 92660 Page 5 of 8 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 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 are not embodied herein. 14. 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. 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 Page 6 of 8 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. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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. 19. 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 8 A-2021-049 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: aisy Gomez,, r Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: hn M. Funk Sr. Assistant City Attorney CITY OF SANTA ANA Kn—sfine Ridge City Manager TOWNSEND PUBLIC AFFAIRS Na e: Cb14Vher Townsend Title: President Page 8 of 8 (2) DESCRIPTION CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES The City of Santa Ana is seeking statements of qualifications from a qualified firm to provide legislative advocacy services. The firm works under the policy direction of the Mayor and City Council and is administratively responsible to the City Manager. The principle responsibility of the firm will be to provide legislative advocacy services to augment the City's existing relationships with federal legislators and policy administrators. II. SCOPE OF SERVICES 1. Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. Advocate the City's position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor's staff. 3. Support a positive relationship with the Governor's office, State Legislature, Governor's office, and other State agencies. Assist in establishing relations between councilmembers/City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. 4. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by City. Support includes proactively searching for potential legislative mechanisms relating to those topics and affecting the outcome of those proposals. 5. At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following: a. State laws/regulations or proposed legislation b. Legislative hearings, reports and testimony c. State funding opportunities d. Reporting and data that may impact City operations Provide updates on state legislation that affects the City's legislative priorities, particularly those included in the City's Legislative Platform. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws/regulations/policies, programs, or funding opportunities. Lobby for the City's position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the City's position at these hearings. RFQ No. 21-016 State Legislative Advocacy Services Page 15 of 29 CITY OF SANTA ANA 8. When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City's interests. 9. Provide the City with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to City, particularly those affecting or relating to City's Legislative Program. 10. Track said legislation and provide the City with advance notice of hearings or critical actions relating to those bills or issues. At the request of the City, prepare briefing materials such as memos summarizing legislation. 11. At the request of the City, assist with drafting position letters on legislation legislation or language for City policy resolutions. 12. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision -makers on pertinent City issues. 13. Provide regular updates on the political landscape in Sacramento to help provide content, and identify opportunities and potential issues. Provide monthly reports of activities pursued or accomplished on behalf of the City. 14. Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 15. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. RFQ No. 21-016 State Legislative Advocacy Services Page 16 of 29 EXHIBIT B Statement of Qualifications for State Legislative Advocacy Services February 22, 2021 Tableof Contents............................................................................................................................ 2 1. Cover Letter.............................................................................................................................. 3 2. Agreement Statement............................................................................................................... 4 3. Firm and Team Experience...................................................................................................... 5 4. Cost Proposal.......................................................................................................................... 22 5. Certifications........................................................................................................................... 23 6. References..............................................................................................................................28 7. City Information: Scope of Services....................................................................................... W 8. Evidence of Financial Capacity.............................................................................................. 31 9. Insurance................................................................................................................................ 32 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 2 T®WNSEND PUBLIC AFFAIRS EST TPA 1-a February 22, 2021 Daniel A. Soto, Management Assistant City of Santa Ana — City Manager's Office 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Soto: Thank you for the opportunity for Townsend Public Affairs, Inc. ("TPA") to submit our statement of qualifications to provide State Legislative Advocacy Services to the City of Santa Ana ("City"). TPA has been proud and honored to serve as the state legislative advocate for the City over the past 22 years. During our tenure, TPA has demonstrated its focused and unwavering commitment to the legislative platform and funding priorities of the City, securing over $79.4 million in funding for the City, while serving as an extension of the City staff. Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission. Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers. Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $1.8 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies. Thank you again for your interest in our firm and your consideration of this proposal. This statement of qualifications will be valid for ninety (90) days. Please contact us if you have any questions or need additional information. We would be honored to continue to serve the City of Santa Ana. Yours truly, 041� Christopher Townsend, President* *Principal who can make legally binding commitments for TPA Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 3 TPA accepts all provisions contained in the Standard Agreement included Exhibit B in the RFQ. ® Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 4 ii. A GENERAL DESCRIPTION OF THE FIRM, INCLUDING SIZE, NUMBER OF EMPLOYEES, NUMBER OF CREDENTIALED ACTUARIES WITH THEIR AFFILIATIONS, AND ANY PAST OR CONTEMPLATED CHANGES IN OWNERSHIP. TPA is a legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend • Advocacy Success: Shepherded over 100 client -sponsored bills into law • Funding Success: Over $1.8 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 23 years (founded in 1998) • Number of Employees: 15 • Number of Registered State Lobbyists and Grant Writers: 12 • Number of Offices: Five o TPA State Capitol Office, Sacramento o TPA Federal Office, Washington, DC o TPA Northern California Office, Oakland o TPA Central California Office, Fresno o TPA Southern California Office, Newport Beach • Types of Clients: o City and County Governments o Water and Sanitation Districts o Transportation Districts o Community College and K-12 Districts o Parks and Recreation Districts o Museums, Science Centers, and Cultural Facilities • Ranking by Revenue Reported to the California Secretary of State: 0 7' of 486 Firms Registered for 2019-20 Legislative Session 0 98�1 Percentile • Changes in Ownership: None Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 5 iii. NAME AND CONTACT INFORMATION OF THE LEAD PROJECT MANAGER TO BE ASSIGNED TO THE ENGAGEMENT. Lead Project Manager, TPA State Capitol Director Casey Elliott, Contact Information: • Address: 925 L Street, Suite 1404, Sacramento, CA 95814 • Email Address: celliott@townsendpa.com • Phone Number: (916) 447-4086 iv. RESUMES FOR THE PROFESSIONAL STAFF ASSIGNED TO THE ENGAGEMENT. CLIENT SERVICE TEAM With a team of 12 legislative and funding advocates, TPA has the breadth and depth of experience AND the ability to deploy as many advocates as needed to maximize success for the City while minimizing the burden on City staff. TPA proposes a dedicated a team of four advocates to perform state legislative advocacy services for the City: 1. Christopher Townsend President Project Role: Senior Strategic Advisor 2. Casey Elliott State Capitol Director Project Role: Lead Project Manager and Legislative Advocate 3. Cori Takkinen Senior Director Project Role: Legislative Advocate 4. Niccolo De Luca Senior Director Project Role: Legislative Advocate The TPA State Capitol Office is located across the street from the State Capitol building, which allows us to engage with key decision makers in a timely manner. The City may also access the TPA State Capitol office as a venue for advocacy meetings or a temporary work area when City staff visits Sacramento. Additionally, the TPA Southern California Office, located in Newport Beach, gives TPA the ability to meet in -person with City staff and departments with little notice. Resumes for each member of the client service team are included on the following pages. Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 6 Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations. Townsend Public Affairs, Inc. President 1998-Present Christopher provides leadership to a team of 12 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include: • Under Christopher's leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a "top ten" firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm. Under Christopher's leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom. • Christopher and his team have secured over $1.8 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety. Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68 and 84. Most recently, Christopher worked closely with the State Legislature and the Governor's office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68. In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker's Commission on State and Local Government Finance. • In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission. © Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 7 PepsiCo/Taco Bell Corp., Irvine, CA Senior Director, Government& Community Affairs 1992-1998 Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation. Stein -Brief Group, Inc., Dana Point, CA Vice President, Public Affairs 1982-1992 Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities. Christopher provided land -use planning and entitlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use. Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives. JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991 Claremont McKenna College, Claremont, CA Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982 Coro Fellow Southern California 1981 Harry S Truman Scholar California 1980 0 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 8 Casey Elliott, State Capitol Director: Casey brings 20 years of legislative and public policy experience to TPA. Casey develops and implements legislative strategies for local public agency clients throughout California. Casey maintains relationships with key members and staff of the State Legislature, the Administration, and select state agencies. Casey has expertise in the policy sectors of municipal finance, budget, redevelopment, education, local governance, water resources, parks and recreation, and cultural resources. Townsend Public Affairs, Inc. State Capitol Director 2006-Present As State Capitol Director, Casey oversees a team of 12 TPA lobbyists registered with the California Secretary of State. Casey provides timely expert analysis of legislative and budget proposals introduced each legislative session for their potential effect on TPA clients. Some of Casey's accomplishments include: Working with the City of Oakland and the City of Santa Ana, Casey helped advance legislation and state budget requests to secure funding for California's largest cities to help address issues surrounding homelessness. These efforts culminated in the creation of the Homeless Emergency Aid Program (HEAP). Approved as part of the 2018 state budget, HEAP provided a $500 million block grant program designed to provide direct assistance to cities and counties to address the homelessness crisis. HEAP contained a specific pot of funding for large cities, including a combined $12.3 million for Oakland and Santa Ana. Building on the success of the HEAP program, in 2019 the State Budget created the Homeless Housing, Assistance and Prevention (HHAP) Grant Program, a $650 million grant that provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. The HHAP program maintained dedicated funding for California's largest cities, including a combined $28.1 million for the cities of Oakland and Santa Ana. Through his work with the Department of Finance, the Legislature, and the Office of the Governor, Casey has been able to lessen the impact of RDA dissolution on TPA clients. Specific outcomes include: having over $35 million in projects in Santa Ana, Lafayette, Brea, and Hayward recognized as enforceable obligations; facilitating accelerated transfer of former RDA assets in Buena Park to allow for new development; and the passage of legislation to allow expenditure of certain development agency bond proceeds. Casey worked closely with the City of Santa Ana to craft an advocacy strategy for the City to transfer customers from Diamond Park, and mutual water company servicing approximately 90 families with aging infrastructure and no access to safe drinking water, onto the City water system. Ultimately, TPA was able to secure a line -item in the FY11 State Budget to provide $7.6 million in Proposition 84 bond funds for public water agencies to take-over control of under -funded and under -performing mutual water companies located in the cities of Santa Ana and Maywood. Casey helped the Rancho Santiago Community College District and Coast Community College District secure over $68 million in funding through the State Budget for three QQ Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 9 capital outlay facilities projects. Casey worked with the districts' legislative delegation, budget committee staff, and the Community College Chancellor's Office to advocate for the priority budget items, including having the projects recommended for funding by the Board of Governors of the California Community Colleges. The funding for these three projects will allow for the design and construction of three new buildings that will provide state of the art learning environments for community college students in Orange County. Casey worked closely with the City of Lafayette to establish a small business assistance program to help local businesses and non -profits lessen the economic impacts from the coronavirus. Casey was able to work with the City to promote the program, work directly with program participants to connect them with available state and federal resources, and work with businesses to secure funding. Ultimately, the small business assistance program worked with nearly 100 small businesses, which employed nearly 400 workers, and were able to secure over $1.6 million in direct funding for the businesses. Assemblyman Thomas Umberg Legislative Assistant 2006 Casey managed legislation for the Member, including education, workers' compensation, and school facilities measures. Casey staffed the Member on the Assembly Education committee. He also worked closely with legislative staff, committee consultants, state agencies, and interested parties on legislation. In addition, he advised the Member and Chief of Staff on pending legislation. Secretary of State Legislative Coordinator 2005-2006 Casey briefed the Secretary of State and senior staff members on legislation affecting the agency. Casey worked with Division Chiefs, senior staff members, and the Secretary of State to develop legislative positions for the agency. Casey also worked with Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. In addition, he researched and drafted legislative proposals for the agency. Secretary of State Legislative Analyst 2003-2005 Casey assisted in the research and development of legislation. In addition, Casey worked closely with the State Legislature, Governor's Office staff, committee consultants, Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. Some of Casey's special projects included staffing various taskforces, assisting in the development of spending plans for legislatively mandated programs, and election -night support. Office of the Governor Senior Legislative Assistant 2000-2003 Casey chaptered all bills that the Governor signed and he processed all vetoed measures. Casey worked closely with the Secretary of State, Chief Clerk of the Assembly, and the Secretary of the Senate throughout the bill chaptering process. Casey also supervised a staff of 10 personnel during the creation and assembly of up to 1500 bill files presented to the Governor. University of California, Davis Bachelor of Arts, Political Science vino' Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 10 Cori Takkinen, Senior Director: Cori brings 12 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of transportation, water resources, infrastructure, sanitation, local governance, parks and recreation, and economic development. Townsend Public Affairs, Inc. Senior Director 2011-Present Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal and water infrastructure issues, Cori has a strong network of relationships with State Legislators, key staff, and various state agencies. Some of Cori's accomplishments include the following: Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018- 19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City's legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City's water customers to have real- time access to their water usage, which will help facilitate water conservation and reduce customers' utility bills. Cori worked with the Orange County Water District and the Orange County Sanitation District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bi-partisan support for the legislation and it was signed into law. Cori leveraged her relationships with the Santa Ana Legislative Delegation as well as Assembly and Senate Budget Committees and Legislative Leadership to secure a $10 million State Budget Earmark in FY 2019 to build a parking structure to facilitate additional visitors as well as an expansion of the Discovery Cube Orange County in Santa Ana. Cori worked closely with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori worked in support of a variety of clients to create specific funding opportunities to achieve desired results. Specifically, relevant to Santa Ana, Cori worked closely with the Discovery Cube Orange County to include language in Proposition 68 that created a grant funding program specifically for nonprofit museums in specific counties. Following passage of Proposition 68, Cori worked with Discovery Cube Orange County to submit a competitive grant application to the program and was successful in securing $3.46 million to fund science education at the Discovery Cube Orange County. In the FY 2019-20 State Budget, Cori worked with 5 municipal clients and 1 nonprofit client to secure $20.2 million in budget earmarks for priority projects, including funding for a stormwater treatment facility, historical renovations, park and trail improvements, fire prevention, and children's science education. 0 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 11 Leveraging relationships with the State Legislature, Cori secured an earmark in the FY17- 18 State Budget in the amount of $20 million to form the North Orange County Public Safety Task Force. This Task Force will serve six TPA clients: the cities of Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. These cities will be able to facilitate regional collaborative efforts to combat homelessness, youth violence, and other critical public safety issues in the region. • Cori has been actively engaged in State fire prevention legislation to reduce the risk of fires caused by above ground utilities as well as to provide opportunities for local jurisdictions located in high fire hazard severity zones to receive priority for fire mitigation measures. Cori worked with the City of Brea to secure over $10 million from local, state, and federal sources for the Tracks at Brea project. The project is a four -mile multi -use rail to trail project that will traverse the City. Funding sources include: the US Environmental Protection Agency, California Natural Resources Agency, Strategic Growth Council, California Transportation Commission, and the Southern California Association of Governments. County of Orange, Board of Supervisors Policy Advisor for Supervisor John Moorlach 2010 Cori served as a policy advisor for, then -County of Orange Supervisor (and who is now a Senator in the State Legislature). Cori was responsible for research, analysis, and subsequent recommendations of all policy issues relating to Orange County Public Works as well as state and federal legislation. Cori served as a liaison between the Supervisor and County staff, constituents, and community groups. Tom Campbell for US Senate Campaign Chapman University, Orange, CA Master of Public Administration 2010 2014 Claremont McKenna College, Claremont, CA Bachelor of Arts Economics and Government with Leadership Sequence 2011 e Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 12 Niccolo De Luca, Senior Director: Niccolo brings 24 years of legislative and public policy experience to TPA. Niccolo has expertise in the policy sectors of local governance, parks and recreation, public safety, natural resources, cultural resources, cannabis, and consumer affairs. Townsend Public Affairs, Inc. Senior Director 2008-Present Throughout his tenure at TPA, Niccolo has been responsible for dozens of legislative proposals that have been signed into law and secured millions in competitive grant funds for local public agency clients. In addition to his public policy expertise, Niccolo has widespread bi-partisan relationships with Members and staff of the State Legislature, Governor Newsom Administration, and relevant agencies. Some of Niccolo's accomplishments include: Niccolo was a major part of the coalition to help pass the state's first ever medicinal cannabis regulatory framework legislation. A comprehensive, thorough approach to statewide medicinal cannabis guidelines has been needed for several years. Niccolo served as an instrumental member of the statewide coalition that supported the views of both local government and the industry. Niccolo actively drafted language and advocated with legislators and staff to ensure statewide regulations would be in the best interest of cities. Due to these efforts, Niccolo has been recognized as a policy expert on cannabis policy and has testified before numerous legislative committees on issues related to the statewide implementation of cannabis regulations. Niccolo led the TPA efforts to secure $33.1 million in critically needed park funding for cities and nonprofits in the Bay Area, Central Valley, and Southern California. These efforts included working on the funding guidelines, drafting the applications, lobbying for the applications, and working hand in hand with the funding agency. Niccolo was the team lead and instrumental in the many victories of our clients. Niccolo, in recognizing the need for additional tools to protect public and private infrastructure from natural disasters such as earthquakes, championed legislation to allow cities to create a special assessment district to provide low-cost earthquake retrofit loans in areas with vulnerable housing stock. In addition, Niccolo worked with the City of Oakland and the City of Los Angeles to create the first ever state loan program for seismic retrofits of multi -unit buildings. • Niccolo assisted the City of Oakland in securing $2.2 million in State Budget earmarks in FY14 and FY16. Niccolo coordinated with the Oakland Mayor, State Legislature, Governor's Office, and appropriate Administration officials to draft the language for inclusion into both budgets. Niccolo's strategy and execution led to two significant financial wins for the City and their various public safety efforts. • Niccolo worked closely with the City of Oakland to secure four grants in the combined amount of $18.9 million from the Community Oriented Policing Services (COPS) Hiring Program. Niccolo developed the applications and shepherded them through the grant process, including leveraging relationships with the US Department of Justice and COPS staff, which resulted in critical federal funding for the City to hire additional police officers. © Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 13 Niccolo worked with the City of Emeryville to secure $600,000 in federal funding from the Pre -Disaster Mitigation Grant Program to finance the cost of seismic retrofitting of the City's one and only emergency community gathering and housing facility. Niccolo worked closely with the City and Congresswoman Barbara Lee on the application as well as development and execution of an advocacy strategy, including the defeat of a hostile amendment that would have taken the grant away from Emeryville and reverted the funds back to FEMA. City of Oakland Deputy City Administrator 2004-2007 Niccolo was responsible for the daily operations and decision making for the two largest departments (public works and police department), overseeing a combined annual budget of $323 million. Niccolo also directly supervised four different divisions with 45 employees. Niccolo provided direct organizational leadership to create a standard operating procedure for a multi -faceted crime reduction initiative, which was adopted by the City Council and resulted in crime reduction. Additionally, Niccolo expanded the number of organized neighborhood public safety gatherings for three consecutive years, with an average of nearly 100 percent annual increase. Furthermore, Niccolo served as lead administrative staff member for three City Council committee, providing expertise and support to the Mayor and City Council in the formulation, interpretation, and application of public policy. City of Oakland Assistant Director, Public Works Agency 2001-2004 Niccolo was responsible for three divisions of the public works department (including finance and human relations), five direct reports, and 40 staff members. Niccolo oversaw the financial operations of the entire public works department, including revenues and expenditures. Niccolo implemented procedures to reduce the number of worker's compensation claims subsequently adopted for the entire City. Niccolo also served as the spokesperson of the public works department and maintained all media relations. Niccolo built strong media relations and served as hearing officer for union grievances, ultimately helping to improve key relationships with affected unions. City of Oakland Assistant to Councilmember Richard Spees 1998-2001 Niccolo served as lead spokesperson for the Council Member within the district. Niccolo improved the overall district -wide public approval rating of the Council Member through grass roots marketing campaigns and new information dissemination strategies. Additionally, Niccolo led constituent services for the district, ensuring proper and efficient service delivery for 58,000 residents. University of Oregon Bachelor of Arts, American History 1997 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 14 V. A DESCRIPTION OF THE FIRM'S EXPERIENCE IN PROVIDING SIMILAR SERVICES TO THOSE REQUESTED IN THIS RFQ. TPA EXPERIENCE PROVIDING ADVOCACY SERVICES TPA is one of the largest advocacy firms in California and is continually recognized as a "top ten" firm registered with the California Secretary of State. TPA has provided customized legislative and funding advocacy for 235 local public agencies throughout the State of California including the Big 11 cities of Santa Ana, Oakland, Fresno, Anaheim, and Bakersfield. TPA's proven methods providing legislative and funding advocacy have generated significant victories on behalf of our clients. Since 1998, TPA has worked with the Legislature and Executive branches to shepherd over 100 client -sponsored bills into law and secure over $1.8 billion in funding for our clients' priority projects. Our policy expertise includes, but not limited to water and sanitation, transportation, cultural and historical resources, housing, economic development, public safety, parks and recreation, and education. TPA EXPERIENCE WITH THE CITY OF SANTA ANA TPA was born in Santa Ana and has worked for over 20 years to be an effective legislative advocate, shepherding City sponsored bills into law and securing funding for legacy projects. TPA has been privileged to work not only with the City of Santa Ana, but with many of the public and non-profit institutions that deliver services to residents. In addition to the City, TPA has provided advocacy and/or grant funding services to: • Rancho Santiago Community College District • Orange County Water District • Discovery Cube Orange County • Santa Ana Unified School District • Orange County High School of the Arts • Orange County Educational Arts Academy • Bowers Museum • Latino Health Access Our work with these clients has resulted in hundreds of millions of dollars being delivered to the City of Santa Ana to create new facilities, expand existing operations, and deliver increased levels of service to the residents of Santa Ana and the surrounding region. QQ Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 15 TPA FUNDING ACHIEVEMENTS ON BEHALF OF THE CITY OF SANTA ANA In additional to state legislative advocacy, TPA has also provided information and advocated on behalf of City funding applications at the state level, securing over $79.4 million: Funding Program.-. Project Grant: Delhi Community Center $2,200,000 Project Grant: Delhi Community Center $800,000 Proposition 84 Statewide Parks Program: Jerome Park Community Center $500,000 Madison Park Batting Cage $50,000 Vans for Underserved Kids $60,000 Santa Ana Zoo Commissary $40,000 El Salvador Community Center: Proposition 12 Murray -Haden Grant Program $681,000 Santiago Park: Proposition 12 Riparian and Riverine Habitat Grant Program $150,000 Santiago Park: Proposition 12 Urban Recreational and Cultural Centers Grant Program $742,500 Healthy Community Fund — Eddie West Field $900,000 Land and Water Conservation Fund: Prentice Park $75,000 Land and Water Conservation Fund: Santa Ana Zoo Exhibit Development Project $150,000 Santa Ana Zoo Commissary: Anteaters Exhibit $150,000 Bicycle Transportation Account Grant $1,000,000 Habitat Conservation Program: Santiago Nature Reserve $100,000 Habitat Conservation Fund: Centennial Park Waterfowl Sanctuary $62,500 Habitat Conservation Fund: Cienega de las Ranas Habitat Restoration $60,000 Habitat Conservation Fund: McFadden Triangle Habitat Restoration $75,000 Recreational Trails Grant: Fairview Triangle Habitat Restoration $132,000 Recreational Trails Grant: Santa Ana Golden Loop Rehabilitation Project $253,440 California Gang Reduction, Intervention and Prevention Program $400,000 Proposition 64 Statewide Parks Program: Willard Intermediate Park $4,400,000 Department of Water Resources Grant: Infrastructure Improvements Related to Diamond Park Mutual Water Company $2,000,000 Proposition 84 Statewide Parks Program: Roosevelt Elementary Park Development $5,000,000 Redevelopment Agency Dissolution Enforceable Obligation $22,000,000 Active Transportation Program Grant: Civic Center Bike Boulevard $3,729,000 Active Transportation Program Grant: Edinger Protected Bike Lanes Project $2,366,000 Active Transportation Program Grant: Santa Ana and Fifth Protected Bike Lane $5,424,000 West Willits Street Protected Bike Lanes $2,970,000 Safe Routes to School Davis Elementary ADA Compliance $5,754,000 Youth Soccer and Recreation Development Grant $1,000,000 Advanced Water Metering Infrastructure $4,000,000 Homeless Emergency Aid Grant Program: Large Cities fund $3,690,885 Homeless Housing, Assistance and Prevention Grant Program: Large City Allocation $8,579,777 TOTAL■ ON OF OF r e Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 16 TPA LEGISLATIVE ADVOCACY ACHIEVEMENTS PolicyDescription Public Facilities and Finance Local Control and Finance Public Employee Programs Contractual Assessment Programs Infrastructure Financing Opportunities Local Governance Public Employee Benefits PEPRA Compliance JPA Benefits Medical Benefits Vesting Cannabis Drafting Local and State Cannabis Regulations Local Control Transportation Local Streets and Roads State Highway Relinquishments Local Venue Signage on State Highways State Highway System State Bond Funding for Highway Projects Expansion of Toll LanesrToll Roads Drinking Water Public Health Regulations Water Quality Groundwater Pollution Liability Groundwater Management Plans Directlindirect Potable Reuse Water and Sanitation State Bond Funding for Water Projects Water Infrastructure Local Reliability Projects Water Conservation Programs Sanitation Infrastructure Integrated Regional Watershed Projects Advanced Water Treatment Facilities Affordable Housing Developing Funding for Affordable Housing Expanding Affordable Housing Eligibility Economic Development Capital Investment Incentive Program Expansion Enterprise Zone Program Regulations Housing and 9 Community Development Military Base Re -Use Land Planning Agency Dissolution Process Redevelopment Developing Post -RDA Funding Sources State Liability Reduction Joint -Use Pmjecs with Schools Districts Recreation and Natural Resources Park Facilities State Bond Funding for Local Park Projects (Propositions 11, 68, and 84) Greenhouse Gas Reduction TOD Housing to Support Cap and Trade Objectives Increase Transit Accessibility for Active Transportation Cultural and Historical Resources Cultural Facilities CA Cultural and Historical Endowment CA Nature Education Facilities Program Air Pollution Reduction Methods Public Health Treatment of the Remains of a Deceased Veteran Resources Crime Reduction Sex Trafficking Control Gun Control Public Safety Increasing Local Police Presence/COPS Local Law Enforcement Police Body Cameras Regional Public Safety Task Force Initiatives Veterans Resources Community College Districts Alternative Energy Job Training ADA Reform K-12 School Districts K-12 Safety Planning Programs Joint Use Projects with Civic Agencies Education Charter School Facilities Funding School Facilities Community College Facilities Funding K-12 School District Facilities Funding A DETAILED SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL LEGISLATIVE ADVOCACY ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST ® Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 17 TPA GRANT FUNDING ACHIEVEMENTS This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements. Policy Sector Transportation State Funding $546.6 Million Federal $101.7 Million $648.3 Million Water and Sanitation $117.8 Million $7.7 Million $125.5 Million Housing and Economic Development $397.6 Million $5.0 Million $402.6 Million Public Safety $59.9 Million $54.8 Million $114.7 Million Parks and Recreation $105.8 Million $6.2 Million $112.0 Million Cultural Resources $112.6 Million $7.0 Million $119.6 Million Education $247.9 Million $44.8 Million $292.7 Million TOTAL $1.588 Billion $227.2 Million $1.815 Billion A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST 0 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 18 vi. A LIST OF THE LOCAL OFFICE'S MOST SIGNIFICANT ENGAGEMENTS IN THE LAST FIVE (5) YEARS, INDICATING WHETHER THEY ARE PUBLIC OR PRIVATE SECTOR, AND INCLUDING SCOPE OF WORK, DATE, SUPERVISING ACTUARIES, AND NAME AND TELEPHONE NUMBER OF THE CLIENT CONTACT. The following list includes the City's project manager, TPA State Capitol Director Casey Elliott, located in the TPA State Capitol Office in Sacramento, most significant engagements (all of which are public sector) of over the past five years: • City of Santa Ana o TPA Project Manager Casey Elliott o Scope of Work: State Legislative Advocacy o Date of Contract: 1999 to Present o Contact Name and Title: Daniel Soto, Management Assistant o Telephone Number: (714) 647-5234 City of Cupertino o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy Services o Date of Contract: 2019 to Present o Contact Name and Title: Deborah Feng, City Manager o Telephone Number: (408) 777-3212 City of Lafayette o TPA Proiect Manager: Casey Elliott and Johannus Reijnders o Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2019 to Present o Contact Name and Title: Niroop Sirvatsa, City Manager o Telephone Number: (925) 299-3206 • City of Modesto o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy Services o Date of Contract: 2020 to Present o Contact Name and Title: Edgar Garcia, Management Analyst o Telephone Number: (209) 571-5101 • City of Santa Clara o TPA Project Manager: Casey Elliott and Laura Kroeger o Scope of Work: State and Federal Legislative Advocacy o Date of Contract: 2020 to Present o Contact Name and Title: Deanna Santana, City Manager o Telephone Number: (408) 615-2210 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 19 • City of Temecula o TPA Project Manager: Casey Elliott and Cori Takkinen o Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2019 to Present o Contact Name and Title: Randi Johl, Legislative Director o Telephone Number: (951) 694-6421 City of Tracy o TPA Proiect Manager: Casey Elliott and Andres Ramirez o Scope of Work: State Legislative Advocacy o Date of Contract: 2019 to Present o Contact Name and Title: Karin Schnaider, Director of Finance o Telephone Number: (209) 831-6800 City of Walnut Creek o TPA Project Manager: Casey Elliott and Andres Ramirez o Scope of Work: State Legislative Advocacy o Date of Contract: 2014 to Present o Contact Name and Title: Carla Hansen, Deputy City Manager o Telephone Number: (925) 943-5899 Coast Community College District o TPA Project Manager Casey Elliott and Laura Kroeger o Scope of Work: State and Federal Legislative Advocacy and Grant Writing o Date of Contract: 2011 to Present o Contact Name and Title: John Weispfenning, Chancellor o Telephone Number: (714) 438-4600 • East Contra Costa Fire Protection District o TPA Project Manaqer: Casey Elliott and Cori Takkinen o Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2018 to Present o Contact Name and Title: Brian Helmick, Fire Chief o Telephone Number: (925) 240-2130 Innovative Integrated Health, Inc. o TPA Project Manaqer: Casey Elliott and Sean McReynolds o Scope of Work: State Legislative Advocacy o Date of Contract: 2020 to Present o Contact Name and Title: Phil Tsunoda, Executive Director, Public Policy & Public Affairs o Telephone Number: (714) 981-7596 8 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 20 • Port of Hueneme o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy o Date of Contract: 2015 to Present o Contact Name and Title: Kristen Decas, CEO and Port Director o Telephone Number: (805) 488-3677 Rancho Santiago Community College District o TPA Proiect Manager: Casey Elliott and Laura Kroeger o Scope of Work: State and Federal Legislative Advocacy o Date of Contract: 2010 to Present o Contact Name and Title: Marvin Martinez, Chancellor o Telephone Number: (714) 480-7450 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 21 LEGISLATIVE CONTRACT YEAR ADVOCACYSTATE MONTHLY FEE* NOT -TO -EXCEED ANNUAL FEE Contract Year 1 $5,000 $60,000 Contract Year 2 $5,000 $60,000 Contract Year 3 $5,500 $66,000 Optional Contract Extension: Year 4 $5,500 $66,000 Optional Contract Extension: Year 5 $6,000 $72,000 Optional Contract Extension: Year 6 $6,000 $72,000 *The monthly fee includes all anticipated hours, houdy rates, and all reasonable business and travel expenses. At the request of the City, TPA will provide a detailed hourly rate schedule. Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 22 u CITY OF SANTA ANA ATTACHMENT RESPONDENT'S STATEMENT Respondent understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Respondent and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Respondent or deposited with the United States Postal Service property addressed to the Respondent with the correct postage affixed thereto. Respondent further agrees that upon delivery (as defined above) of the accepted agreement helshe will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or Respondent's bond substituted in lieu thereof accompanying this statement of qualificationsshall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bands and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or Respondent's bond substituted in lieu thereof shall be returned to the undersigned, Respondent understands that a statement of qualificationsls required for the entire work, that the estimated quantities set forth in the RFQ schedule are solely for the purpose of comparing statement of qualifications, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be Incorporated by reference into this agreement and are made specifically as part of this RFQ. Signed and Printed Name: Tm. President Date Z 1 Christopher Townsend RFQ No. 21-016 State Legislative Advocacy Services Page 25 of 29 e Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 23 CITY OF SANTA ANA L:: ATTACHMENT C NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) T6 the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the Respondent declares that the statement of qualificationsis not made In the Interest of, or an behalf of, any undisclosed person, partnership, company, association, organization. or corporation; that the statement of qualificationsis genuine and not collusive or sham; that the Respondent has not directly or indirectly induced or solicited any other Respondent to put in a false or Rham statement of qualification, and has not directly or indirectly colluded, conspired, connived or agreed with any Respondent or anyone else to put in a sham statement of qualification, or that anyone shall refrain from bidding; that the Respondent has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the statement of qualdlcationsprioe of the Respondent or any Respondent, or to fix any overhead, profit, or cost element of the statement of qualificationsprice, or of that of any other Respondent, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract: that all statements contained fir thu slaleolent of qualificHijunsare true; and, further, that the Respondent has not, directly or indirectly, submitted his or her statement of qualificatlonsprice or any breakdown thereof, or the contents thereof, or divulged information or data relative therein, or pald, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham statement of qualification. Note: The above noncollusion affidavit is part of the statement of qualification. Signing this statement of qualificationson the signature portion thereof shall also constitute signature of this noncollusion affidavit. Respondents ar cautioned that making a false certification may subject me certifier to criminal prosecution. / � , State of California, Colty of v l/0,(�Rf _ Subscribed and sworn to (or affirmed) before me on this lit day of ViO Q 20 'Z k by who appeared before me, proved to me on the basis of satisfactory evidence to be thp person($) 4aY1N:✓• RASE CNKLIN aOliR 4 2272aaa NDTNRY U.'I'CAnPORNIA 0 TJ ORANGE COUNTY E,.ns DES[WfR N. tW7 4. Nd tic Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATIONS. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED . NONRESPONSIVE. RFb No. 21-016 State Legislative Advocacy Services Page 26 of 29 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 24 0 CITY OF SANTA ANA ATTACHMENT D NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or statement of qualification, to the best of his or her knowledge and belief, that: (1) N61-6dtl61 appr6prated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congrcaa in connectfon with the awarding of any federal contract, the making of any federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FomrLLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite fnr making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1110,000 for each such failure. The prospective papipant also agrees by submitting his or her bid or statement of qualifications that he or she shall requi t he language of this certification be included in all lower tier subcontracts, which oxoccd $100.00 a at such a ell certify and disclose accordingly. Signed: Title: President Firm- �Tlownsend Public Affairs, Inc. Date: J'I 2D?• THIS FORM MUST RE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATIONS. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL RE CONSIDERED NONRESPONSIVE. RFQ No. 21-016 State Legislative Advocacy Services Page 27 of 29 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 25 aCITY OF SANTA ANA ATTACHMENT E NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies a$ follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to. the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or otherforms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all aolleitstlons or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3 The Consultant shall send to each labor union or representative of workers with which heishe has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice In conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared Ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and sur:h other sanrfinns may hp imposod and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. RFQ No. 21-016 State Legislative Advocacy Services Page 28 of 29 0 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 26 0 CITY OF SANTA ANA The Consultant shall include the portion of the sentence Immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, se that such provisions wil be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or Is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter Into such litigation to protect the interests of the United States. I. Pursuant to California Labor Code Section 1735. as added by Chapter 643 Slats. 1939, and as amended, no dlscrlminati6r7 shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of s ch persons, except as provided in Section 1420, and any consultant of public works violati Section Is subject topli the penalties imposed for a violation of the Chapter. Signed: Title: President Firm: Townsend Public Affairs, Inc. Dater 'bJ21 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATIONS. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ftr-Q No_ 21.016 State Legislative Advocacy Services Page 29 of 29 Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 27 CITY OF SANTA ANA ATTACHMENT A REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the statement of qualifications specifications - Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firms qualifications. Reference Customer Name: City of Oakland Address: 1 Frank H. Ogawa Plaza, 3rd Floor Oakland, CA 94612 Contract Amount s17,500 per month Description of supplies, equipment, or services provided: Contact Individual: Ed Reiskin, City Administrator Phone Number (510)23B-3301 Facsimile Number (510) 238-2223 Year. 2006 to Present TPA provides state and federal legislative advocacy services to the City of Oakland. Reference Customer Name: CityofAnaheim Address: 2008. Anaheim Blvd., Suite 733 Anaheim, CA 92805 Contract Amount $5,000 cer month Contact Individual: Jim Vanderpool, City Manager Phone Number. (714) 936-0972 Facsimile Number. None Year 20115to Present Description of supplies, equipment, or services provided: TPA provides state legislative and funding advocacy to the City of Anaheim. Reference Customer Name: Cdy of Modesto Address: 10101001 Street Modesto, CA 95354 Contract Amount: $5,000 per month Contact Individual: Edgar Garcia, Management Anatvst Phone Number. (200) 571-5101 Facsimile Number. None. Year. 2020 to Present Description of supplies, equipment, or services provided: TPA provides state legislative advocacy services to the City of Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 28 Reference Customer Name: Rancho Santiago Community C01149ge District Address: 2323 N. Broadway Santa Ana, CA 92706 Contract Amount: $6,500 per month Description of supplies, equipment, or services provided: Contact Individual: Chancellor Marvin Martinez Phone Number: (714) 480-7450 Facsimile Number. (714) 796-3915 Year. 2010 to Present TPA provides state and federal legislative advocacy services to Rancho Santiago Community College District Reference Customer Name: Discovery Cube Orange County Address: 2500 N Main Street Santa Ana, CA 927116 Contract Amount: $5,000 per month Contact Individual Joe Adams, Chief Executive Officer Phone Number: (M) 521-0122 Facsimile Number. None. Year. 199Bto Present Description of supplies, equipment, or services provided: TPA provides state and federal legislative and funding advocacy to the Discovery Cube Orange County. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATIONS. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIQERED NONRESPONSIVE. 0 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 29 TPA has NOT and will NOT disclose the information provided by the City for the purpose of conducting the scope of services to any third party without the City's written permission. Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 30 If requested, TPA will provide its most recent audited financial statement evidencing the firm's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. 0 Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 31 If selected, TPA will provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after the receipt of Notice of Intent to Award. TPA will maintain the insurance coverage required by the City for the duration of the contract. Q Statement of Qualifications for State Legislative Advocacy Services I City of Santa Ana Page 32 Francine R. rn9dle signed by F,andreA. anareai Villareal oam 2420.: d.2e l o9e.43 -orco _111hi o -- --- CERTIFICATE OF LIABILITY INSURANCE TE (MMIDD)YYYY) °"10/20/2020 10/2 �/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bannister & Associates Insurance Agency CA License #0691071 Street 305 - Hun Huntingtngton Beach CA 92648-4209 CONT NAMEACT Rich Hi Ina PHONE FA (714) 536-6086 AIC No: (714) 536-4054 E-MAIL ADDRESS- rich@bai-ins.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED (949) 399-9050 Townsend Public Affairs, Inc. INSURERS: Nationwide Mutual Insurance Cc 23787 INSURER C: Oak River Insurnace Company 34930 1401 Dove Street, Suite 330 INSURER D: AXIS Surplus Insurance Company 26620 INSURER E: Newport Beach CA 92660 INSURER F: "- —� 1-1salwym :v V1Y:OCR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR WVQMMIDDIYVYY pOLICV NUMBER POLICY EFF POLICY EXP MMIDO/YYVV LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR Y H 6079573557 08/31/202008/31/2021 EACHOCCURRENCE $ 11000,000 PREMISES Ea omu ante $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ Excluded AGGREGATE LIMIT APPLI ES PER: POLICY PRO X LOC JECT GENERALAGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMPlOP AGG $ 21000,000 $ OTHER: B AUTOMOBILE X LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY HIRED NON AUTOS N AUTOS ONLY AUTOSS ONLYLY Y ACP 102/752757 05/Dl/202005/01/2021 eradidLU blisGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per awident $ A X I UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE B 6074573560 08/31/2020 08/31/2021 EACH OCCURRENCE $ 51000,000 AGGREGATE $ 51000,000 DED X RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOMPARTNE WEXECUTIVE OFFICEWMEMBEREXCLUDED7 El (Mandatory In NH) If yes, describe under X STATUTE ECRH _ $ C NIA NIA Y TOWC121809 07/01/2020 07/01/2021 EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 11000,000 E.L. DISEASE -POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below D Professional Liability (claims -made form) P-001-000144554-02 Retention: $5,000 07/31/2020 07/31/2021 Limit (each claim): Limit (aggregate): $ 2,000,000 $ 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) City of Santa Ana, its officers, agents, employees, and volunteers are named as additional insureds with respects general and auto liability policy limits. Primary and non-contributory wording applies with respects general and auto liability policy limits. Waiver of subrogation applies with respects worker's compensation policy limits. 30-day notice of cancellation for underwriting reasons and 10-day notice of cancellation for non-payment of premium will be sent in the event of company election. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, AUTHORIZED REPRESENTATIVE 4thFloor San Santa Ana CA 92701 -1� � �'� f os Rlek Dittis[Dn a REVIE1CrED ii: APPROVED By. ©7988-2015 ACORD C F� ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Nick Management Analyst Page 1 of 1 _. CNA Policy number: B 6074573557 SB300113D (Ed.6-16) ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an insured, but only with respect to such person or organization's 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; or 2. in connection with premises owned by or rented to you. B. However, if coverage for the additional insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. SB300113D Page 1 of 1 Copyright, CNA All Rights Reserved. ReastoED & APPROVED8r F4~4.1 R. V�" Risk Management Analyst SB-300120-C (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE* Name Of Person Or Organization: * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An Insured: 4. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury," caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s); at the location(s) designated above; or c. "Your work" that is included in the "products - completed operations hazard" and performed for the additional insured, but only if this Policy provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. B. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: SB-300120-C (Ed. 06/11) 1. The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, Feld orders, change orders or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. 2. "Bodily Injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. C. The following is added to Paragraph H. of the Businessowners Common Policy Conditions: H. Otherinsurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. RiskMankgem 01vislon & tied REVIEWED&MPRDVm Br. Risk Management Analyst .z Policy Number: B 6074573557 CNA80103XX CNA (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX Page 1 of 1 Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with iI ,�,,, WeklNamgemetttlHrisiwt REVIEWED&APPROVED BY: a Fn.rmu�a l:, V;,ttwua@ Risk Management Analyst I POLICY NUMBER: B 6074573557 SB300022C —CNN _ _ _ (Ed.0-16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE Name Of Person Or Organization: " Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. i nis endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS We waive any right of recovery we may have against: 1. Any person or organization shown above or in the Declarations; or 2. Any person or organization with which you have a written contract that requires such a waiver, provided the contract was executed prior to the loss. All other terms and conditions of the Policy remain unchanged. 61330002PC (Ed. 6-16) Page 1 of 1 Copyright, CNA All Rights Reserved. 3 REVIEWED&APPR�O��V�E�D� BY}: ` Risk Management Analyst Policy # ACP 3028752757 COMMERCIAL AUTO AC 70 06 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired of Formed Entities C. Employees as insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employees J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Expanded Transportation Expense Q. Extra Expense — Stolen Autos R. Physical Damage Limit of Insurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U. Business Income and Extra Expense Coverage V. Transfer of Rights Of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lockout Z. Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission Reek Management Dlv1s1on J-11-1 REVIEWED&APPtRI.OfVAM8�r�a`" r�, KzCt�rlP�+. Risk Management Analyst COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.I. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property dam- age" to property, other than your property, up to an amount not exceeding $500 in any one "acci- dent". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $1,000 for your prop- erty that is lost or damaged as a result of a covered "loss", without applying a deductible. Coverage is excess over any other valid and collectible insur- ance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission y. RAManagementDlvislan 41 g i o REVIEWED&ppAP,P,IRI,aev�.aD By.- 5 h• or Risk Mumgement Analyst H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE The Fellow Employee Exclusion of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply if the "bodily Injury' results from the use of a covered "auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto' designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $125,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. , K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I — COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or COMMERCIAL AUTO AC 70 06 03 16 e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $150 for a covered "auto" you own of the private passenger type, or b. $750 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission „s° �,Q RiekMmSegmientDtWalcm RwEWEo&APPRova}BY�d: �n+c llw P. VLEtvuFk gem WkManaentAnaly5t COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". Q. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Section A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage. R. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $2000 is the most we will pay for "loss' in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. f RlekMmggxmenEDivis[on 3 > rREVIEWED&AMRWmBV: , Risk Mana9emen[Analysl a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. S. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs Land 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total 'loss" to your "new ve- hicle" to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle' purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle' of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehi- cle" means an "auto' of which you are the original owner that has not been previously COMMERCIAL AUTO AC 70 06 03 16 titled and which you purchased less than 365 days before the date of the "loss". T. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision if the Decla- rations indicate that Comprehen- sive Coverage is provided for any covered "auto'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Cover- age is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. U. BUSINESS INCOME AND EXTRA EXPENSE COVERAGE 1. Business Income Coverage 2. We will pay the actual loss of business in- come sustained by you as a result of the necessary suspension of your business dur- ing the period of restoration due to 'loss" to a covered "auto' used in your business. The loss must be caused by a cause of loss cov- ered under item Al of Physical Damage Coverage in this Coverage Part. Extra Expense Coverage We will pay the necessary and reasonable extra expenses that you incur during the pe- riod of restoration that you would not have incurred had there been no 'loss" to a cov- ered "auto' used in AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission n. RlakManegionenEDlvieGm �,f��r ��diYnr6•C !�. YerrhR(!"G 8� �i REVIEWED&APP'RlDpV�ED3y�: Risk Management Anays[ COMMERCIAL AUTO AC 70 06 03 16 must be caused by a cause of loss listed under item Al of Physical Damage Cover- age in this Coverage Part. Extra Expenses means those expenses you incur to avoid or minimize the suspension of business and to continue your business operations. 3. Additional Conditions We will not pay for "loss' or expenses caused by suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of your business, we will cover such "loss" that affects your business income. We will not pay under this coverage if you do not repair or replace the covered "auto". You must resume all or part of your business as quickly as possible. If you have other autos you can use to reduce the amount of loss payable under this cov- erage, you are required to use them. We will pay for expenses you incur to reduce the amount that otherwise would have been payable under this coverage. We will not pay more than the amount by which you ac- tually reduce the business income loss or extra expense incurred. 4. Limit The most we will pay for "loss" arising out of one covered "auto" is $10,000 per loss with an annual aggregate of $20,000. Payment applies in addition to the otherwise applica- ble amount of each coverage you have on a covered "auto". 5. Definitions a. "Business Income" means the: 1.). Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and 2.). Continuing normal operating expenses incurred, including payroll. b. "Period of Restoration" means the period of time that: 1.). Begins: (a) 24 hours after the time of loss for Business Income Coverage; or (b) Immediately after the time of loss for Extra Expense Coverage; and 2.) Ends at the earliest of: Page 6 of 7 (a) The time required to resume your normal business opera- tions; or (b) The time that is reasonably necessary to repair or replace the covered auto with a maxi- mum time period of 180 days. Period of Restoration does not include any increased period required due to the enforcement of any ordinance or law that re- quires any insured or others to test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of pollu- tants. The expiration date of this policy will not cut short the peri- od of restoration. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification require- ments applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be Includes copyrighted material of Insurance Services Office, Inc. with its permission ,1LnI Managen,entotvtsim 00 ARwEWED&@@APtPe,RaeVeem&Yq: �dfr'.vl[ M1. Vttth azM1G or Risk Management Analyst considered breached unless the breach occurs after such claim or "suit' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto' subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your COMMERCIAL AUTO AC 70 06 03 16 covered "auto' and you are unable to enter such "auto' , or 2. Your keyless entry device battery dies and you are unable to enter such "auto' as a result, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 4. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: If we cancel for any reason other than nonpay- ment of premium, we will mail or deliver to the First Named Insured written notice of cancella- tion at least 60 days before the effective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancellation. AC 70 06 0316 Includes copyrighted material of Insurance Services Office, Inc. with its permission M w�kMgrne=eoia�i�n iF " r fv REVIEWED&IA}PP!RI�O/V�ED By. 1 r �1hL45i.H2 h• Va4tlN40.4 Risk Management Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 280.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/2020 Policy No.: TOWC121809 Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company Countersigned by �. WeFMw>�gnnenfDivlelan WC 99 0410 C �'`n` f ' aev�enEo6Mraw®ev: (Ed. 01-19) Risk Management Anetyst s Digitally signed by Francine R. Francine R. Villareal Villareal A� " CERTIFICATE OF LIABILITY INSURANCE DATE DD/Y4/O 04/05/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bannister & Associates Insurance Agency CA License #0691071 CONTACT NAME: Kerry Wakely PHONE FAX A/C No Ent: (714) 536-6086 A/C,No: (714) 536-4054 E-MAIL ADDRESS: kerry@bai-ins.com 305 17th Street Huntington Beach CA 92648-4209 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Continental Casualty Company 20443 INSURED (949) 399-9050 Townsend Public Affairs, Inc. INSURER B: Nationwide Mutual Insurance Co 23787 INSURER C:Oak River Insurnace Company 34630 INSURER D: AXIS Surplus Insurance Company 26620 1401 Dove Street, Suite 330 INSURER E: Newport Beach CA 92660 INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 4859 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE IX I OCCUR Y B 6074573557 08/31/2020 08/31/2021 PREM SESOEa occurD,.nce $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ Excluded GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 POLICY ❑PRO JECT [X]LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO Y ACP 3038752757 05/01/2021 05/01/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LAB X OCCUR B 6074573560 08/31/2020 08/31/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ 10,000 $ WORKERC AND EMPLOYERTIONS' AND EMPLOYERS' LIABILITY Y/N Y TOWC121809 07/01/2020 07/01/2021 X STATUTE OERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 D Professional Liability P-001-000144554-02 07/31/2020 07/31/2021Limit (each claim) g 2,000,000 (claims -made form) Retention: $5,000 Limit (aggregate): $ 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its officers, agents, employees, and volunteers are named as additional insureds with respects general and auto liability policy limits. Primary and non-contributory wording applies with respects general and auto liability policy limits. Waiver of subrogation applies with respects worker's compensation policy limits. 30-day notice of cancellation for underwriting reasons and 10-day notice of cancellation for non-payment of premium will be sent in the event of company election. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division 20 Civic Center Plaza, AUTHORIZED REPRESENTATIVE 4th Floor "BRA"`F 12iSIeMwag709erdDMsiun Santa Ana CA 92701 z REVIEWED & APPROVED BY.- © 1988-2015 ACORD C ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ' Risk Management Analyst Page 1 of 1 CNA Policy number: B 6074573557 SB300113D (Ed. 6-16) ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an insured, but only with respect to such person or organization's 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; or 2. in connection with premises owned by or rented to you. B. However, if coverage for the additional insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. SB300113D (Ed. 6-16) Page 1 of 1 Copyright, CNA All Rights Reserved. �oRaN } z Risk ManagemerdDMsfan REVIEWED & APPROVED BY: f R. V;&wd Risk Management Analyst CNA S (Ed. 06/111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE* Name Of Person Or Organization: * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An Insured: 4. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury," caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s); at the location(s) designated above; or c. "Your work" that is included in the "products - completed operations hazard" and performed for the additional insured, but only if this Policy provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. B. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: SB-300120-C (Ed. 06/11) 1. The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. 2. 'Bodily Injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. C. The following is added to Paragraph H. of the Businessowners Common Policy Conditions: H. Other Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. �oRaN } z Risk ManaganadDMsfan REVIEWED & APPROVED BY: Risk Management Analyst Policy Number: B 6074573557 CNA80103XX CNA (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with HORaN RiskManagzmerdDiAsian REVIEWED & APPROVED BY.- o r Risk Management Analyst Policy # ACP 3038752757 COMMERCIAL AUTO AC 70 06 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired of Formed Entities C. Employees as insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employees J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Expanded Transportation Expense Q. Extra Expense — Stolen Autos R. Physical Damage Limit of Insurance S. New Vehicle Replacement Cost T. Physical Damage Coverage Extensions U. Business Income and Extra Expense Coverage V. Transfer of Rights Of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lockout Z. Cancellation Condition AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission �oRaN } z a RiskMmWmentDMsian REVIEWED & APPROVED BY.- p R. W&Wd Risk Management Analyst COMMERCIAL AUTO AC 70 06 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 1801" day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property dam- age" to property, other than your property, up to an amount not exceeding $500 in any one "acci- dent". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $1,000 for your prop- erty that is lost or damaged as a result of a covered "loss", without applying a deductible. Coverage is excess over any other valid and collectible insur- ance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission �oRaN } z a RAMwaganadDMsiun REVIEWED & APPROVED BY.- p R. vj&wd Risk Management Analyst H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE The Fellow Employee Exclusion of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply if the "bodily Injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $125,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I — COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; COMMERCIAL AUTO AC 70 06 03 16 e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $150 for a covered "auto" you own of the private passenger type, or b. $750 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a 'loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. d. "Loss"; or AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission �oRaN } z a RiskMmWmentDMsian REVIEWED & APPROVED BY: p R. vj&wd Risk Management Analyst COMMERCIAL AUTO AC 70 06 03 16 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". Q. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Section A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage. R. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $2000 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. �oRaN } r RAMwaganadDMsiun REVIEWED & APPROVED BY.- p L" R. Vj&wd Risk Management Analyst a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. S. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1.and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your "new ve- hicle" to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehi- cle" means an "auto" of which you are the original owner that has not been previously COMMERCIAL AUTO AC 70 06 03 16 titled and which you purchased less than 365 days before the date of the "loss". T. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision if the Decla- rations indicate that Comprehen- sive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Cover- age is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. U. BUSINESS INCOME AND EXTRA EXPENSE COVERAGE 1. Business Income Coverage We will pay the actual loss of business in- come sustained by you as a result of the necessary suspension of your business dur- ing the period of restoration due to "loss" to a covered "auto" used in your business. The loss must be caused by a cause of loss cov- ered under item Al of Physical Damage Coverage in this Coverage Part. 2. Extra Expense Coverage We will pay the necessary and reasonable extra expenses that you incur during the pe- riod of restoration that you would not have incurred had there been no "loss" to a cov- ered "auto" used in your business- The Inss AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. �- °a e^ Risk MmWmen DMsian with its permission z REVIEWED&APPROVED BY.- Risk Management Analyst COMMERCIAL AUTO AC 70 06 03 16 must be caused by a cause of loss listed under item Al of Physical Damage Cover- age in this Coverage Part. Extra Expenses means those expenses you incur to avoid or minimize the suspension of business and to continue your business operations. 3. Additional Conditions We will not pay for "loss" or expenses caused by suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of your business, we will cover such "loss" that affects your business income. We will not pay under this coverage if you do not repair or replace the covered "auto". You must resume all or part of your business as quickly as possible. If you have other autos you can use to reduce the amount of loss payable under this cov- erage, you are required to use them. We will pay for expenses you incur to reduce the amount that otherwise would have been payable under this coverage. We will not pay more than the amount by which you ac- tually reduce the business income loss or extra expense incurred. 4. Limit The most we will pay for "loss" arising out of one covered "auto" is $10,000 per loss with an annual aggregate of $20,000. Payment applies in addition to the otherwise applica- ble amount of each coverage you have on a covered "auto". 5. Definitions a. 'Business Income" means the: 1.). Net income (Net profit or loss before income taxes) that would have been earned or incurred if no loss would have occurred; and 2.). Continuing normal operating expenses incurred, including payroll. b. "Period of Restoration" means the period of time that: 1.). Begins: (a) 24 hours after the time of loss for Business Income Coverage; or (b) Immediately after the time of loss for Extra Expense Coverage; and 2.) Ends at the earliest of: (a) The time required to resume your normal business opera- tions; or (b) The time that is reasonably necessary to repair or replace the covered auto with a maxi- mum time period of 180 days. Period of Restoration does not include any increased period required due to the enforcement of any ordinance or law that re- quires any insured or others to test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of pollu- tants. The expiration date of this policy will not cut short the peri- od of restoration. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification require- ments applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission �oRaN } z a RAMmaganadDMsiun REVIEWED & APPROVED BY.- p R. vj&wd Risk Management Analyst considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your COMMERCIAL AUTO AC 70 06 03 16 covered "auto" and you are unable to enter such "auto" , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a result, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 4. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: If we cancel for any reason other than nonpay- ment of premium, we will mail or deliver to the First Named Insured written notice of cancella- tion at least 60 days before the effective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancellation. AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission �oRaN } r RiskMmWmentDMsian REVIEWED & APPROVED BY.- p L" R. Vj&wd Risk Management Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 280.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/2020 Policy No.: TOWC121809 Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company Countersigned by Risk Managt naii DivMsion WC 99 04 10 C 3 REVIEWED & APPROVED BY: (Ed. 01-19) �c.Ga.e �• U+ ` Risk Management Analyst