Loading...
HomeMy WebLinkAboutBRIDGEMORE CONSULTING INCINSURANCE ON FILE JUN 2 3 2021 WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2021-134 _03 - I I- ZD22 CLERK OF COUNCIL DATE: AGREEMENT TO PROVIDE ON -CALL MANAGEMENT CONSULTING SERVICES p : PWA (KawttA WbOCT-T) THIS AGREEMENT is made and entered into this Ist day of June, 2021 by and between Bridgemore Consulting 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. The City desires to retain a Consultant having special skill and knowledge in the field of Management Consultant and Coaching Services for use by the Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. b. On an as -needed basis, Consultant shall provide, at the sole discretion and request of the City, separate proposals for training, employee and management development program, which shall need approval by the City's Public Works Agency. 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 A. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed $50,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2023 unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section t6000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the 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. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be 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 filly executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured Page 3 of 8 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. 8. 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 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. 9. 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. 10. 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 Page 4 of 8 Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. 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. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Bridgemore Consulting Inc 5405 Grand Prix Ct Fontana, CA 92336 Page 5 of 8 Attn: John Vega, President 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. 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. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement maybe 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 Page 6 of 8 conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities 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. 19. 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. 20. 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. 21. 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. 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 N-2021-134 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: aisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney John M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT C;; � ae��' Name: —J-0—6w Title: P�SlDP7l! Page 8 of 8 EXHIBIT A April 26, 2021 Mr. Cesar Barrera City of Santa Ana 220 S. Daisy Avenue Santa Ana, CA 92703 Subject: Management Consultantand Coaching Services Proposal Dear Mr. Barrera: This proposal describes Bridgemore Consulting Inc's scope of work for providing management consulting and coaching services to the City of Santa Ana. Con sultantshall perform such services for the City of Santa Ana as described: Consultant shall perform all coaching and mentoring services u nderthis Agreement in a skillful and competent man nerthat represents he has the professional and technical experience required to perform the services as described: a. Business Coaching and Development b. Provide Con sultantservices as required to support the focus to strategically advance the City of Santa Ana Water Resources Department and its staff. Fees Consultantwill provide a fee estimate for every request received from the City. The hourly rate $225 for all services rendered and performed on or offsite. Sincerely, John9, President Bridgemore Consultant Inc Bridgemore Consulting Inc 5405 Grand Prix Ct Fontana, CA 92336 Phone: (951) 529-9570 1 Email: bridgemoresolutions@yahoo.com Di'"ly signed by Francine R Francine R. Villareal Wh eal Date: 2021 J06.1809:15:01-OTW ACORD CERTIFICATE OF LIABILITY INSURANCE Ill DATE(MMIDDIYYYY) 1 05/26/2021 THIS CERTIFICATE 15 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 Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor CONTACT NAME: PHONE gg8 202-3007 FAX No Ex[: ( ) A/C No): E-MAL s: contact@hiscoz.com INSURER(S) AFFORDING COVERAGE NAIC p New York, NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED Bridgemore Consulting, Inc INSURER B 5405 Grand Prix Ct INSURER C : INSURER D : Fontana, CA 92336 INSURER E : INSURERF: CERTIFICATE 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 TV PE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYYI POLICY EXP fMMJDD/YYY)`1 LIMOS X COMMERCIAL GENERAL LIABILITY CLAIMEWADE r OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TOR NTED PREMISES Ea accurrenra $ 100,000 MED EXP(Any one purser) $ 5,000 Primary &Noncontributory PERSONAL& ADV INJURY $ 1,000,000 p X Y Y UDC-4766083-CGL-21 03/11/2021 03/11/2022 AGGREGATE LIMIT APPLIES PER: POLICY 0PRO-JECT ❑ LOC GENERALAGGREGATE $2,000,000 GEN'L X PRODUCTS-COMP/OP AGG $SIT Gen. Agg $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLELIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY ) (Peraccid.rd -DAMAGE $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY Per accident $ UMBRELLALIAa OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DIED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNEMEXECUTIVE OFFICERIMEMBEREXCLUDEDP N/A I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) .IlTxiil7[N_lY� City of Santa. Ana Risk Management 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988.2015 ACORD C ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Riele Marogmlent Diweipn REVIEWED & APPROVEC S C f�.cr,o,n.z P. Risk Management Analyst Ael HISCOX Policy Number: Named Insured: Endorsement Number: Endorsement Effective: UDC-4766083-CGL-21 Bridgemore dba FBN2020001913 1 March 11, 2021 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any per- son(s) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organize- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility 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 opera- tions, or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. wdcMg..toMd0n Rwexeo&nrFRo &r CGL E5421 CW (02114) Includes copyrighted material of Insurance Services Office, Inc., with its �� li f�.crcLwe �• V: nl permission. Risk Management Matyst A0 HISCOX Policy Number: UDC-4768083-CGL-21 Named Insured: Bridgemore dba FBN2020001913 Endorsement Number: 2 Endorsement Effective: March 11, 2021 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy, and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW (03/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission A/ a, REVIEWID Rie Rot ni®urt .v' ao& nAVPRtN®av: - � of Ruk Management Malyst Hiscox Insurance Company Inc. Endorsement 5 NAMED INSURED: Bridgemore dba FBN2020001913 E5048.1 Named Insured Endorsement AM H ISCOX encourage courage - Page 1 of 1 In consideration of the premium charged, it is understood and agreed that Item 1. of the Declarations, "Named Insured," is deleted in its entirety and replaced with the following: 1. Named Insured: Bridgemore Consulting, Inc All other terms and conditions remain unchanged. Endorsement effective: May 24, 2021 Endorsement No: 5 '4J By: Kevin Kerridge (Appointed Representative) Policy No.: UDC-4766083-EO-21 DPL E5048 CW (01/10) Risk MmagzmetdDMsfan i" REVI & APPRMM BY. � f`v�wCne P.. V:CLcw.cP Rnk Management Analyst H I SCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) encourage courage 104 South Michigan Avenue, suite 600. Chicago, Illinois60603 Forms and Endorsements Schedule Forms and Endorsements made part of this policy at time of issue: CGL D001 01 10 - Commercial General Liability Declarations CG 00 01 12 07 - General Liability Coverage Form CGL E5421 CW (02/14) - Additional Insured - Automatic Status CGL E5581 CW (03/16) - Primary and Noricontributory - Other Insurance Condition CGL E5409 CW (03/10) - Right and Duty to Select Defense Counsel CGL E5404 CW (03/10) - Exclusion - Personal Information CGL E5408 CW (03/10) - Cancellation Provision (14 Day Full Refund) CGL E5403 CW (03/10) - Notice Information CGL E5401 CW (03/10) - Definition of Employee CGL E5407 CW (03110) - Exclusion - Professional Services IL 00 2109 08 - Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 02 70 09 08 - California Changes - Cancellation and Nonrenewal CG 32 34 0105 - California Changes IL 001711 98 - Common Policy Conditions CG 2141 1185 - Exclusion - Intercompany Products Suits CG 00 68 05 09 - Recording and Distribution of Material or Information in Violation of Law Exclusion CG 2173 01 15 - Exclusion Of Certified Acts Of Terrorism CGL E5402 CW (03/10) - Modified Waiver of Transfer of Rights of Recovery Against Others To Us INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice INT D001 01 10 RItkMwv9a dDWim REVIEWED & APPROVED Or. ��' Risk Management Analyst HISCOX Policy Number: Named Insured: Endorsement Number: Endorsement Effective: UDC-4766083-CGL-21 Bridgemore dba FBN2020001913 18 May 24, 2021 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES This endorsement will not be used to decrease coverage, increase rates or deductibles or alter any terms or con- ditions of coverage unless at the sole request of the insured. The following item(s): ® Insured's Name ❑ Insured's Mailing Address ❑ Policy Number ❑ Company ❑ Effective/Expiration Date ❑ Insured's Legal Status/Business of Insured ❑ Payment Plan ❑ Premium Determination ❑ Additional Interested Parties ❑ Coverage Forms and Endorsements ❑ Limits/Exposures ❑ Deductibles ❑ Covered Property/Located Description ❑ Classification/Class Codes ❑ Rates ❑ Underlying Insurance is (are) changed to read {See Additional Page(s)): The above amendments result in a change in the premium as follows: NO CHANGES ❑ TO BEADJUSTED ADDITIONAL PREMIUM RETURN PREMIUM JIZIJ AT AUDIT t _ Riek Mnu$muntfferieinn CGL E5410 CW (03110) Includes copyrighted material of Insurance Services Office, Inc., °= ReoE o&APPRav®By: with its permission. (i F44* ;t I:. vjt,� Ru k Management Malyst POLICY CHANGES ENDORSEMENT DESCRIPTION Named Insured: Bridgemore Consulting, Inc All other terms and conditions remain unchanged. CGL E5410 CW (03/10) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Rime Marugsment Division REVIEWED S APPRovm By., [ I MGWn.K R. Vj&"&d Risk Management Analyst AllCORD®`..••/ CERTIFICATE OF LIABILITY INSURANCE C DATE (MMIDD YYYYI 05/26/2021 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 Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor New York, NY 10022 CONTACT NAME: HO o ea _ (888) 202-3007 FAX Not: AIL ADDRESS: contact@hiscox.com INSURERS AFFORDING COVERAGE NAIL If INSURER A: Hiscox Insurance Company Inc 10200 INSURED Bridgemore Consulting, Inc 5405 Grand Prix Ct INSURER B: INSURER C: Fontana, CA 92336 INSURER D: INSURER E : INSURER F: r:nVFRAr;FR CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEOLICYEXP INSO WVP POLICY NUMBER MMIDDfYYVY MM/DOIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL& ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ PRODUCTS-COMPIOPAGO $ POLICY PRO- ❑ LOG JECT $ OTHER: AUTOMOBILELIABILITY COMBINED BIid.nt) SINGLE LIMIT Ea BD $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYCAMAGE Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN STATUTE ER E. L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICEWMEMBEREXCLUDED? (Mandate, in NH) NIA E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability Y UDC-4766083-EO-21 03111/2021 03/11/2022 Each Claim: $ 2,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana Risk Management Division 20 Civic Center Plaza SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Santa Ana CA 92702 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - 11116 Management Division REVIEWED & APPROVED BY: ©1988-2015 ACORD C � JaJJ \_4' r Cd.Lr. , �� ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ' Ruk Management Anaryet CITY OF SANTA ANA RISKMANAGEMENT. d[aeml 4 HUMAN RESOURCES +") Managing Risk Posfttve Change — ; � WORKERS' COMPENSATION DECLARATION I, Sig 4n) V66K Fk"1CQeA) hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of.5I0'Moie/that during the term (Consultant/Company Name) of my contract for 1?14,J ,,TevT- dwSit.Q{1Al2 services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: (p�/70L1 Print Name: 4/i V6(rj4 Print Title: i Signature: /LP�CAIT Telephone: 95�-�zi �570 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEYS FEES. 1,IRisk Mgmtllnsurance Requirementsl WC Declaration 08152019 REVIEWED & APPROVED BY. FIA.6 44 Z V; &IaAl Risk Management Anatyst June 8, 2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Dear Risk Management: I would like to confirm that Bridgemore Consulting will not be providing the City's Public Works Agency Water Resources Division any services that are related to engineering services, legal or architecture services. In addition, City staff is unable to task me to provide these services because they are outside of scope of work for this contract. In addition, Bridgemore Consulting does not own a business owned vehicle and will not need to travel to provide City of Santa Ana with on -call management consulting services. In any questions, please feel free to contact me at 951-529-9570. Thankyou John Vega President Bridgemore Consulting 4 NTIT'o DATE (MM/DD/YYYY) ACOROF CERTIFICATE OF LIABILIT kME b A i(e/26/2022 ( g THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NQJAGHTS UPON TF'_ C RTIFICAT HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGr Ar—ACWMNO&E POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CON AC B E N H G�a RY�22H6TUI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. l 1 UGC U le IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have Ayr ,TIONAL 11�r''QQvi ^^fi�t e endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certair, rilicies may re u a�ehdo�ektt A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE FAX A/C No Ext : ($$$) 202-3007 A/C No: 520 Madison Avenue E-MAIL ADDRESS: contact@hISCOX.COm 32nd Floor INSURER(S)AFFORDING COVERAGE NAIC# New York, New York 10022 INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B Bridgemore Consulting, Inc 5405 Grand Prix Ct INSURERC: Fontana, CA 92336 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREM SESOEa oNcurrDence $ 100,000 MED EXP (Any one person) $ 5,000 A Y Y P 100. 148.911.2 03/11/2022 03/11/2023 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC JECT X PRODUCTS - COMP/OP AGG $ S/T Gen. Agg. $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability Y P100.148.365.2 03/11/2022 03/11/2023 Each Claim: $ 2,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana is named additional insured per attached endorsement CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4th Floor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana, CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f F! Ri& Managanad DMsian +�/ a\@ REVIEWED & APPROVED BY: @ 1988-2015 ACORD I ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Risk management Specialist AM HISCOX Policy Number: Named Insured: Endorsement Number: Endorsement Effective: PI 00. 148.9112 Bridgernore Consulting, Inc 7 03111/2022 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: A. Section 11 — Who Is An Insured is amended to include as an additional insured any per- son(), or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional linsured on your policy. Such person or organization is an additional insured only with respect to lia- bility 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 opera- tions; or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. Risk Management DiMsian REVIEWED & APPROVED BY: CGL E5421 CW (02114) Includes copyrighted material of Insurance Services Office, Inc., with it AesvA4 permission. Ri5k Management Specialist 29 AM HISCOX Policy Number: Named Insured: Endorsement Number: Endorsement Effective - PI 00. 148.9112 Bridgemore Consulting, Inc 14 03111/2022 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i Milk 61191 -K111111] 1110] This endorsement modifies insurance provided under the following: A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW (03/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission Risk Mwaganad DMsian REVIEWED& APPROVED BY.- V7 Risk Management Specialist ,.; March 29, 2022 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Bridgemore has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement Bridgemore attests to the following: I. Bridgemore, will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. Bridgemore will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. Bridgemore consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work if applicable carry their own automobile insurance. By signing below, I, John Vega attest that I posses the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Bridgemore is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. John Vega President Bridgemore -.E Risk ManagementDMsian REVIEWED & APPROVED BY: Risk Management Specialist CITYOFSANTel ANA Risi< MANAGEMENT a UMAN RESOURCES Abnaging Risk ftwjo f7osldve Change. WORKERS' COMPENSATION DECLARATION hereby affirm under penalty of perjury, the (Name/Title) I certify on behalf of that during the term of my contract for onsultontlCompany Name) X)S . /A✓ services with the City of Santa Ana, t f o (Type pe service P rovi ed) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 30 Print Name: Print Title: Signature: Telephone: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. 1: JRisk Mgmtj Insurance Requirements � WC Declaration 08152019 Risk Mwaganad DMsian REVIEWED & APPROVED BY.- A44v44 Risk Management Specialist