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HomeMy WebLinkAboutMDG ASSOCIATESCity of Santa Ana DAGREE Clerk of the CouncilMENT TERMINATION FORM Please complete this form r in effect. the attached agreement c amendments (if any) Note. If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes _ No Return form to the Clerk of the Council Office (M-30). C'nll 647-1520 if you have any questions. The agreement with COTC Office �s? Only OF THE COUNCIL 131123 PY047 No. N-2021-205 was completed on } I and final payment has been made. (List all amendments. Use space below if needed.) Department: C I�Ia Phone/Ext.: 655,, I Signature: LE Date: yrcai. enGfor -o*1-agreain I R -1 an fa 1, - �� INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES o O ,,CLERK OF COUNCIL N DATE: CONSULTANT AGREEMENT N-2021-205 m� >�,.) (&AC�'"� F s THIS AGREEMENT, made and entered into this 13 day of October, 2021, by and between MDG Associates, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skills and knowledge in the field of grant monitoring and technical support services, as well as administrative services, for federal grant programs, including the Community Development Block Grant- Coronavirus ("CDBG-CV") and Emergency Solutions Grant-Coronavirus ("ESG-CV ). B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") CDBG Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Regs"). C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Regs. D. hi undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Pursuant to this Agreement, Consultant will provide select monitoring services for the City's CDBG-CV and ESG-CV Programs, as set forth in Exhibit A attached hereto and incorporated herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. For monitoring services, the total sum to be expended under this Agreement shall not exceed $17,841. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2022, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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, agents, volunteers, and employees 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. Consultant shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. . c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C.. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies, governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant expends Seven Hundred and Fifty Thousand Dollars ($750,000.00) or more in federal funds, Consultant shall have a single audit or program specific audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be W construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG Regulations. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) yearsuntil complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above -referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and/or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 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 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 a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City -assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an agent, 5 employee, consultant, officer, or elected or appointed official of City, or of any designated public agency, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug - free workplace policy: 1. The unlawful manufacture, - distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, disability, religion, sex or other protected class will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Further, any conflict or potential conflict of interest of any employee/officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall temunate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERNIINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 7 10. 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. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of 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 facsimile 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, California 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 Phone: (909) 476-9696 Facsimile: (909) 476-6086 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other parry with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. (Signatures on fallowing page) N-2021-205 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE City Clerk City Manager APPROVED AS TO FORM: CONSULTANT SONIA R. CARVALHO City Att By: A"" Ryan . H ge Assist t Ci Attorney FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency to rrestaent DUNS—137401761 EXHIBIT A PROPOSAL I M D G ASSOCIATES • INC. CITY OF SANTA ANA PROPOSAL HUD CDBG-CV MONITORING ASSISTANCE CORPORATE HEADQUARTERS 10722 ARROW ROUTE, SUITE 822 RANCHO CUCAMONGA, CA 91730 TELEPHONE: 909/ 476-9696 FAX NO.: 909/ 476-6086 I MDG ASSOCIATES - INC. September 15, 2021 City of Santa Ana Mr. David Flores, Community DevelopmentAnalyst Community and Economic Development Department 20 Civic Center Plaza Santa Ana, CA 92701 Subject: ProposaltoProvide HUD CARES Act (CDBG and ESG-CV) Monitoring Assistance Dear Mr. Flores: MDG Associates, Inc. (MDG) is pleased to submit its qualifications to provide and/or assist with the monitoring of the City's Community Development Grant — CARES Act (CDBG-CV) and Emergency Solutions Grant — CARES Act (ESG-CV) programs. MDG, along with its affiliate LDM Associates, Inc. (LDM), have been providing high -quality services to municipal agencies, the U.S. Department of Housing and Urban Development (HUD) and private clients for over 30 years. MDG's emphasis and capabilities are in the grants management of HUD funded Community Planning and Development (CPD) Programs such as Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) in addition to one-time entitlement grants such as the Neighborhood Stabilization Programs and CARES Act programs. Additionally, the firm has assisted more ten cities to design and implement CDBG-CV programs. Further, staff provide national technical assistance to states and cities across the country on CDBG-CV compliance and implementation. MDG is a registered California corporation and is a certified State of California Minority Business Enterprise (MBE). Our consulting team is comprised of highly qualified professional staff with expertise in all aspects of CDBG and ESG Program administration and implementation. You may contact me at the fallowing address, telephone number or e-mail should you have any questions regarding this proposal: MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 (909)476-9696 rmunoz@mdg-Idm.com If you have any questions regarding this matter, please do not hesitate to call me at your convenience. Respectfully President Enclosure: Staffing and Budget Proposal 10722 Arrow Route - Suite 822 - Rancho Cucamonga - California 91730 (909)476-9696 - Fax(909)476-6086 PROJ ECTSTAFF QUALI F ICATI ONS MANAGEMENT AND STAFFING The members of our consulting group proposed to provide monitoring and technical support services include Mr. Rudy Munoz, President who will be overseeingthe contract and will provide quality control and assurance. Chris Andrews, Vice President, will oversee the project with the assistance of Mr. Clint Whited, SeniorVice-Presidentof Grants Management and Frank Perez, Senior Associate. Rudy Munoz, President -Mr. Rudy Munoz is the President and founder of MDG Associates, Inc. With more than 33 years of experience in the community development field, Mr. Munoz' main focus is on assisting municipalities with all aspects of the administration and implementation of their HUD -funded CPD Programs. These include but are not limited to the Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME), Neighborhood Stabilization Program (NSP) and Community Development Block Grant- Disaster Recovery (CDBG-DR) programs. Mr. Munoz works hand -in -hand with municipalities on the development of implementation strategies and tools that facilitate the management of their CPD programs, providing training for the HUD CPD Programs, and at times implementing the day-to-dayfunctionsof the programs. These functions include all phases of the program implementation from the initial development of Consolidated Plans and Action Plans for the various programs up to the programmatic and financial closeout of projects and grants. He assists grantees in developing HUD mandated Policies and Procedures for the overall management and oversight of the various CPD Programs as well as individual activities funded under these programs such as Housing Rehabilitation, Commercial Rehabilitation, and Homebuyer Programs. Mr. Munoz is a Certified HOME Specialist and is a subcontractor to national Technical Assistance (TA) providers through HUD's OneCPD and Community Compass initiatives. Through the initiatives, he provides TA and training to municipalities throughout the U.S. in CDBG, HOME, NSP, and CDBG- Disaster Recovery Programs. He currently provides training at the national level in "Basically CDBG", Assessment to Fair Housing (AFH), Integrated Disbursement and Information Systems (IDIS), and the Disaster Recovery Grant Reporting System (DRGR). He is a beta tester for HUD on the Disaster Recovery Grant Reporting system. Because of his fluency in Spanish, he has provided many of the aforementioned training in Spanish for the Commonwealth of Puerto Rico and its municipalities. In addition, he has provided training and TA through the initiatives in cross -cutting elements including Financial Management Systems (Uniform Administrative Systems), Davis -Bacon and Related Acts (DBRA), and Assessment of Fair Housing (AFH). Prior to his time with MDG, Mr. Munoz worked for a number of municipalities in Southern California. Mr. Munoz received a Bachelor of Architecture (BArch) from California Polytechnic University in Pomona. Clint Whited, Senior Vice -President- Mr. Clint Whited joined MDG Associates, Inc. in 2006 and currently serves as Senior Vice -President of Grants Management. With more than 14 years of experience in the planning and implementation of federal grants including those offered by the U.S. Department of Housing and Urban Development - Office of Community Planning and Development, Mr. Whited assists municipalities with all aspects of Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) management. Pa-e3 Mr. Whited focuses on strategic community investment in affordable housing, development of infrastructure and coordinating the supportive services necessary to achieve local goals and to affirmatively further fair housing choice. His work in these areas includes 12 Consolidated Plans, eight (8) Analysis of Impediments to Fair Housing Choice, two (2) Assessments of Fair Housing (AFH) and numerous program policy and procedure documents to facilitate the implementation of the housing and community development projects resulting from these plans. He is currently responsible for the management and implementation of CPD programs for four (4) cities in Southern California. Mr. Whited is a Certified HOME Specialist (Regulations) and is a national technical assistance provider through HUD's OneCPD technical assistance initiative. Prior to joining MDG, Mr. Whited was a Contract Compliance Specialist for the Los Angeles County Community Development Commission — the second largest Urban County CDBG program in the nation. His responsibilities included contract development, monitoring the implementation of CDBG funded activities implemented by participating cities and non-profit organizations. His work with the Urban County included the development of labor standards policies and procedures covering the Davis -Bacon Act, Minority and Women's Business Enterprise and Section 3 of the Housing and Community Development Act. Mr. Whited received a Bachelor of Science in Public Policy and Management from the University of Southern California's School of Policy, Planning and Development, with an emphasis on organizational management and public -sector accounting. Chris Andrews, Vice President— Mr. Andrews currently serves as a Vice President on the Community Development and Disaster Recovery teams. Over the past ten years, Chris Andrews has supported hundreds of states and cities to design and implement housing and community development programs — primarily through HUD CPD Programs (CDBG, HOME, HOPWA and ESG). Chris has also designed national resourcesto support grantees more effectively use CDBG-DR resources and provided direct assistance to communitiesto effectivelyplan forand implement CDBG-DR resources. Prior to joining MDG Associates, Chris was the Practice Area Lead for The Cloudburst Group's Community Development team. In this role, Chris oversaw Cloudburst's portfolio of HUD -funded technical assistance projects. Activities ranged from developing guidebooks and training academiesto direct technical assistance building the capacity of HUD grantees. Chris also managed Cloudburst's portfolio of direct contracts with states and local governments to develop and implement strategic plans, improve grantee compliance, and revise existing policies and procedures. Chris led Cloudburst's CDBG-DR and disaster response project teams and activities. His experience ranges from supporting states and regions develop rapid housing strategies immediately following a disaster event to developing and implementing CDBG-DR programs. Most recently, Chris has led HUD's technical assistance team to assist Puerto Rico launch its CDBG-DR program. A trained planner, Chris has assisted more than 50 grantees over the past 10 years to develop strategic plans, Consolidated Plans, and Analyses of Impediments to Fair Housing Choice. Chris is a national expert in the HUD eCon Planning Suite system and has trained more than 1,000 grantees on the Consolidated Plan process, including the intersection of the Consolidated Plan and IDIS. At MDG, Chris supports the team's community planning and administration and disaster recovery assignments with an emphasis in planning and program implementation. Chris also works closely with communities to support the day to day operations of their HUD CPD programs. He received a Bachelor of Arts in Economics with emphasis is Public Policy from Colby College, Page 4 Waterville, ME and a Master of City Planning from the University of California, Berkley. Frank Perez, Senior Associate - Mr. Frank Perez joined MDG Associates, Inc. in 2011 and currently serves as a senior associate on the Housing and Community Development team. With more than nine (9) years of experience in the planning and implementation of federal grants including those offered by the U.S. Department of Housing and Urban Development — Office of Community Planning and Development (CPD), Mr. Perez assists municipalities with all aspects of Community Development Block Grant (CDBG) administration and implementation. Mr. Perez focuses on the day -to. day aspects of CPD program administration and compliance, including Consolidated Plan and Action Plan development and implementation, Integrated Disbursement and Information System (IDIS) functionality and management, labor standards enforcement, subrecipient management, monitoring, and capacity building, compliance with federal reporting requirements including the Consolidated Annual Performance and Evaluation Report (CAPER), and all other aspects of program administration, implementation and compliance. Additional staff my include: Emily Vander Does Manager Sara Farrar Senior Associate David Munoz Senior Associate Christian Rodriguez Associate Page 5 EXHIBIT B BUDGET 12 BUDGET PROPOSAL MDG proposes to provide monitoring services for the City of Santa Ana's CDBG- and ESG-CV programs on a time and material basis based on the Rate Schedule provided below. MDG proposes a not to exceed amount of $17,841 to conduct up to five concurrent programmatic and financial CDBG- and ESG-CV monitorings. MDG anticipates that all monitoring will be completed by December 31, 2021. MDG anticipates it will conduct three CDBG-CV monitorings and two ESG-CV monitorings. The following represents the Monitoring scope of work and estimated hours to complete: Financial monitoring of up to five (5) Community Development Block Grant — CARES Act and Emergency Solutions Grant — CARES Act subrecipients providing homeless services, public services, economic development or administrative services. Estimated hours for completion: 100 Hours (20 Hrs. per Subrecipient) 20 hrs. x $113 = $2,260 per subrecipient; $2,260 x 5 Subrecipients = Total $11,300* • Program monitoringfor uptothree(3) Community Development Block Grant —CARES Act subrecipients providing public services, economic development or administrative services. Estimated hours for completion: 30 Hours (10 Hrs, per Subrecipient) 10 hrs. x $97.50= $975 per subrecipient; $975 x 3 Subrecipients = Total $2,925* Program monitoring for up to two (2) Emergency Solutions Grant — CARES Act subrecipients providing homeless services. Estimated hours for completion: 32 Hours (16 Hrs. per Subrecipient) 16 hrs. x $113 = $1,808 per subrecipient; $1,808 x 2 Subrecipients = Total $3,616* (*hours budgeted are based on conducting the financial and programmatic monitoring concurrently and of the same agencies) Pave 6 SECTIONVII. SCHEDULE OF HOURLY BILLING RATES MDG proposes to bill for the monitoring and technical support services based on the scope of work and additional information as identified in our proposal on a time and material basis based on the following Schedule of Hourly Billing Rates per hour. MDG is proposing to have three (3) staff members provide the services. Rates will remain the same for the entire term of the agreement. Any other services that are not a part of the scope of work would be billed at our normal rates listed below: SCHEDULEOFHOURLYBILLINGRATES Rates effective as of July 1, 2020 STAFF PERSON HOURLY RATE President/Senior Vice President $118.00/Hr. Vice President $113.00/Hr. Director $108.00/Hr. Manager $102.50/Hr. Senior Associate $ 97.50/Hr. Associate $ 87.50/Hr. Senior Project Assistant $ 72.00/Hr. Project Assistant $ 67.00/Hr. Secretary $ 46.50/Hr. Note: If MDG staff is requested by the City to attend a meeting not considered a part of this Proposal or on a day in which a consultant is not scheduled to be on site, the City shall be billed for the time it takes to drive to and from the City and its corporate office. REIMBURSABLE ITEMS: Project Supplies — at Cost Plus 10% Surcharge (if applicable) Prints/Reproductions - at Cost plus 10% surcharge (If applicable) Postage —at Cost plus 10% surcharge (If applicable) ■ MDG ASSOCIATES, INC. ■ Francine R. Digitally signed by Francine R. Villareal Villareal Date:2021.08.30 15:39:18-07'00' MDGAS50.01 CERTIFICATE OF LIABILITY INSURANCE CFRAIICII oATnvvvl I 5/2012020/2021 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 SYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pclicles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in RON of such endorsements . PRODUCER hatey,Jtggggins&Associates 455 N. El Molino Ave. Pasadena, CA 91101 AGT Chip Francis p `n"IC°,iiP,EM: 626396-1035 (ic.xm'(826)396.1045 . Chip® 12LIGom INSUREINS1 AFFORDINDCOVERAGE lane INSURER A;West American Insurance Company 44393 INSURED MDG Associates, Inc. 1 D722 Arrow Route, Ste, 822 Rancho Cucamonga, CA 91730 INSURER s:Ohlo Security Insurance Co �p a�n�_-...-- 24082 ___.. INSIIRERC:AmerIcan Fire & Casualty CO. 24086 INSURER U: ""— msuReRe: INSURER F: COVERAGES CERTIFICATE NUMRFR- RFVIAMM MunnRFw• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICHTHIS 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. JNORim TYPE OF INSURANCE ADDL SUOR POLIO NUMBER POLICY EFF POLICY IXP GmT3 A X GEHL X CDMMERCIAL GENERALLIABRRY cwMs MADE ❑X OCCUR X X BKW57179298 71V2021 71112022 EACH OCCURRENCE 1 1,000,000 ENTED MEDEXP Me men 200.000 15,000 PERSONAL&ADVINJURY 1,000,000 AGG TE DMOITAPPLIES PER POUCV JECT ❑LW OTHER GEMRA AGGREGATE 2,000,000 PROpI1GT3-CG PIOPAGO Gy 2,000,000 B AUTOMOBILE X X LIABILITY ANYAVTO OWNED SCHEDULED NAVpT06ONLV AU�IIS. LED AUTOS ONLY X nl4f'o$'8"0 X X BAS571T9298 711/2021 7/112022 G M81 EO SINGIE UMIT BODILYINmnY Per embn $ 1,000,000 $ BODILY INJURY ParaccNar,{ O. er��M1A0E _t$ C _ X UMBRELLALIAB Excess LIAB X OCCUR CLAIMS+ADE ESA67179298 71112021 71112022 EACH OCCURRENCE 4 4,000,000 AGGREGATE s 410001000 DEO I I RETENTIONS 4.000,000 W THIS COMPENSATION AND 6MPLOYE0.9' LIABILITY YIN Mp�IYCPROPmETORIPARTNERJEXECU11VE ❑ , -12M w), EXCLUDED? lM W at Dyyees tlesalbe OMO DESCRIPTION OFOPERATION9 below NIA FEft OTH• R EL EACHACCIDENT ELOISEA9E EAEAIPLO —_ E40L9FASE. POLIGYUMm DESCRIPnON OF OPERATIONSILOCATIONS/VEHICLES (ACORD 101, A4016bnal Rbmnke 8nhedule mo heeeAbhw it more a eve le required) Certificate Heldem aro named ss Additional Insured on General Liability per blani<etyform CG8810 041� and on Auto Liability perform AC8543 0618. Complete Additional Insured: The City of Santa Ana, Its officers, employees, agents and volunteers, but only as respects the Insured's operations as It relates to their signed contract In regards to the CDBG Adminfstraflon Consulting SONIcea per form CGO810 0413, Primary insurance and Transfer of rights or recovery against others Is Included in the form. '30day Notice of Cancellation except 10 days for non-payment payment or premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Department ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92702 AUUTTHOOFUMD REPRESENTATIVE 25 (2016103) l 01988-2016 ACORD CO The ACORD name and logo are registered marks ofACORD itL7--,R[sk1MmWmeniDVision ipAPPROVED BY. „ v4va4t gement Analyst COMMERCIAL GENERAL LIABILITY MDG Associates, Inc, Policy 4: BKW57179298 Policy Pedod 7-1-21 to 7-1-22 CO 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIACILITY EXTENSION This endorsement madl8es Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART 19; NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 8 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 0 WHO 13 AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 i KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 ;i BODILY INJURY REDEFINED T EXTENDED PROPERTY DAMAGE �, 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - S WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0 2013 Liberty Mutual lnauranou CG 88 10 0413 Indudae copyrighted material of Insurance SaMcesOfflca, Ino„with Its permim Risk Managemott Diuisimt REVIEWED & APPROVM BY. ® Risk Management Malyst With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Llablitty, exclusion U. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It la not owned by any insured; 2. it Is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certMoste, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or olrllnB pilot and 4. It Is not being used to carry persons or property for a charge. However, the Insurance afforded by this provision does not apply If there is available to the Insured other valid and collectible insurance, whether primary, excess (other than Insurance written to apply specifically a in excess of this policy), contingent or on any other basis, that would also apply to the lose covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily InjuryAnd Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) Awatercraft you do not own that Is: (a) Lees than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A . Bodily Injury And Property Damage Ltabll- fly, Subparagraphe (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property domage' results from the use of elevators. For the purpose of this provision, elevators do not Include vehicle lifts. Vehicle Inks are lifts or hoists used in automobile service or repair operations. 2. The following Is added to Section IV - Commerclal General Liability Conditions, Condition 4. Other Insurance, Paragraph b.Excess Insurance: The Insurance afforded by this provision of this endorsement Is excess over any property Insurance, whether primary, excess, contngent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) P if Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of section I - Coverage A - Bodily Injury and Property Damago Liability: e. The fourth from the last paragraph of exclusion J. Damage To Property Is replaced by the follow. Ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to 'property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Promises rented to you for a period of 7 or fewer consecutive days; or 01) Contents that you rent or tease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to 'property damage" to contents of promises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described In Soctlon gl - umfta of Insurance. ® 20131.1barty Muluallneurance CO 88 10 04 13 includes ocpyrighted material of InetrrenCe Smvlcae Olflca, Inc., with Its permlaetoi ,��� RideManngm,a,tniD 8Y.* 161, � I , \ nEV1EWED 4 APPROV®6Y: Fes, c u 2. V:1L nu[ Risk Management Analyst b. The last paragraph of subsection 2. Exclusions Is replaced by the following; Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to Damage To Premises Rented To You as described In Section III - Limits Of Insurance. 2. Paragraph e. under Section IN - Limits Of Insurance is replaced by the following: 5. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage Afor damages because of 'property damage" to; a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by tire, lightning, explosion, smoke or leakage from automatic protection sys- tome; or b. Contents that you rem or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph B.a. of Definitions Is replaced with the following: 0.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifles any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are Included in your premises rental or lease agreement, Is not an lneured contraW. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments Is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES AAND B 1. Under Supplementary Payments - Coverages Aand B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Docilly Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. Is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "cult", including actual lose of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section It Who Is An Insured to amended to Induce as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such parson or organizeflon Is an additional Insured but only with respect to liability for 'bodily Injury", dproperty damage' or "personal and advertising Injury" caused in whole or In pert by: a. Your acts or omiselons, or the acts or cmisslons of those acting on your behalf, In the performance of your an going operations for the additional Insured that are the subject of the written contract or written agreement provided that the 'bodily Injury" or "property, damage" occurs, or the "per- sonal and advertising Injury' Is committed, subsequent to the signing of such written contract or written agreement; or ® 20131.1bety Mutual Insurance P� � aEAFWEDD& mBv: CG 88 10 04 13 includes copyrighted materiel of insurance Services Office, Inc., with Its parmlasloi Him Risk Management Malyst b. Premises or facllties rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or polPocal subdivision has Issued a permit subject to the following additional provlelons: (1) This Insurance does not apply to 'bodily Injury', "property damage", or "parsonl and ad. vertising Injury" arising out of the operations performed for the state or political subdivision; (2) This Insurance does not apply to "bodily Injury' or "property damage' Included within the "completed operations hazard', (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: MW (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, n holat away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, arection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this Insurance. ® However. 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insur- ance afforded to such additional Insured will not be broader than that which you are required by 5 the contract or agreement to provide for such additional Insured. With respect to Paragraph 1.e. above, a person's or organization's status as an additional Insured under this endorsement ends when: (1) All work, including materials, parts or equipment fumlehed In connection with such work, on the project (other then service, maintenance or repairs) to be performed by or on behalf of the additional tnaured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project, With respect to Paragraph 1.b. above, a person's or organlzation's status as an additional Insured under this endorsement ends when their written contract or written agreement with you for such premises or facllldes ends. Ll With respects to Paragraph i.e. above, this Insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned ouch equipment to the lessor. The Insurance provided by this endorsement applies only If the written contract or written agreement Is signed prior to the 'bodily injury" or "property damage'. We have no duty to defend an additional Insured under this endorsement until we receive written notice of a 'suit' by the additional Insured ao required In Paragraph b. of Condition 2. Dudes In the Event Of Occurrence, Offense, Claim Or Suit under Section IV • Commercial General uablltty Condit tions. 0 2013 Liberty Mutual Insurance CO 00 10 04 13 Indudes copyrighted materiel of Insurance SeMces office, Ina, with Its permieaio Risk Mudgemend Divi elan zr REVIE SAPPROVm BY: Risk Management Analyst 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section [-Coverage A -Bodily Injury And Property Damage Liability: This Insurance does not apply to: a. 'Bodily Injury" or *property, damage" arising from the sole negligence of the additional Insured, b. 'Bodily Injury' or "property damage' that occurs prior to you commencing operations at the location wham such "bocllly Injury" or "property damage" occurs, c. "Bodily injury", 'property damage" or "personal and advertising Injury' aching out of the rander- Ing of, or the failure to render, any professional architectural, engineering or surveying services, Including: 0) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, gold orders, change orders or drawings and specifications: or (2) Supervisory, Inspection, architectural or engineering activities. This exclusion applies even lf the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of ethers by that Insured, If the 'occur- rence which caused the "bodily Injury" or "property damage", or the otfensa which caused the 'personal and advertising Injury", Involved the rendering of, or the tenure to render, any professional architectural, engineering oraurveying services. d. "Bodily Injury" or "property damage" occurring after: (1) All work, Including materials, parts or equipment furnished In connection with such work, on the project (other then service, maintenance or repairs) to be performed by or on behalf of the, additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arlses has been put to its Intended use by any person ororganizationother then another contractor or subcontractor engaged in performing operations for a principal as a pen of the same project. e. Any person or organiz itlon specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement Is- sued by us and made a part of this policy. 8. With respect to the Insurance afforded to these additional Insureds, the following is added to Section III -Limits Of insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of Insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of insurance shown In the Declarations; r whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarado no, H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION a This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following la added to Paragraph a. Primary insurance: If an additional Insured's policy has an Other Insurance provision making Its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copydghtad material of Insurance services OfBoe, Ina, with Its ptamreelo RiskMansg, i Dhiei EVIEWED I` R&APPROVED BY: R. VZIU4411 ®, ® Risk Management MalySt b. The following Is added to Paragraph b. Excess Insurance; When a written contract or written agreement, other than a promises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit Issued by a stale or political subdivision between you and an additional Insured does not require this Insurance to be primary or primary and non-contributory, this Insurance Is excess over any other insurance for which the addl- tional insured Is designated as aNamed Insured. Regardless of the written agreement between you end.an additional Insured, this Insurance Is excess over any other insurance whether primary, excess, contingent or on any other basis for which the addiional Insured has been added as an additional Insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organisation who qualfNee as an additional insured under any form or endorsement under this policy. 3 1. The following Is added to Condition 2, Duties in The Event Of Occurrence, Offense, Claim or Sute em ON An additional Insured under this endorsement will as anon as practicable: a. Give written notice of an "occurrence" or an offenae that may result In a claim or "suit" under this Insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have Insurance available to the additional Insured; and c. Agree to make available any other Insurance which the additional Insured has for a lose we cover under this Coverage Part. d. We have no duty to defend or Indemnify, an additional Insured under this endorsement unlit d we receive written notice of s "autt" by the additional Insured. 2. The limits of Insurance applicable to the addtional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III • Limits of Insurance of this policy, whichever are less. These ilmhs are tnoivalve of and not In addition to the limits of Insurance available under this policy. J. WHO 18 AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section It -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising Injury"; (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (it you are alimited liability company), to a oo-"omployee" while In the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other °volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (a) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or falling to provide professional health care services. However, If you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or If coverage for providing professional health care ser- vices Is not otherwise excluded by separate endorsement this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily Injury" or 'personal and advertising Injury" caused by an "employee" who is acting In a supervisory capacity for you. 'Supervisory capacity as used herein means the "employae'a" job responsibilities assigned by you, Includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are Insureds for "bodily Injury' or "personal and ® 2013LIberty. Mutual lnsutanae CO 88 10 04 13 Includes copyrighted material of Insurence BerAm 001ce, Ina,wlth he permissic A `` Ri"h MMwgnnn,f Division REVIEWED&APPROVED BY: fnr'n.c:n.e R. v:ffirwct Vim' Risk Managem n,Analyst advertising injury" arising out of their willful Conduct, which is defined as the purposeful or willful Intent to cause "bodily Injury" or "personal and advertising Injury", or caused In whole or In part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. Is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 Who Is An Insured Is replaced by the following: 3. Any organization you newly acquire or Than and over which you maintain ownership or majority Interest, will qualify as a Named Insured If there Is no other similar insurance available to that organization. However. a. Coverage under this provision Is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily Injury' or "property damage' that occurred before you acquired or formed the organization; and m Coverage B does not apply to 'parsonal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any currant or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations or qualifies as an Insured under this provision, L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 0. Repre- sentations: Your failure to disclose all hazards or prior "occursnces" existing as of the Inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" Is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Dutles in The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an •occurrence°, offense, claim or'eutr by an agent, servant or "employee" of any insured shall not in Itself constitute knowledge of the Insured unless an Insured listed under Paragraph 1. of Section 11- Who to An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "su'ds" shall have received such notice from the agent, servant or "employee". a e N. LIBERALIZATION CLAUSE If we revlse this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision Is effective In your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. Is replaced by the following: 3. 'Bodily Injury" means physical Injury, sickness or disease sustained by a person. This Includes mental anguish, mental injury, shook, fright or death that results from such physical Injury, slok- ness or disease. 0 2013Liberty Mutual Insurance CO 88 10 0413 Includes cop yrighted material of Insurance Services Office, (no,, with Its permlaelc Risk Mwagen,a,t news ton REMEwEO & APPROVED BY. 1`4 "H g R. ViLwAl Risk Management Analyst i ri g n P, EXTENDED PROPERTY DAMAGE Exclusion a, of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the following: a. Expected Or Intended Injury wSocilly Injury' or "property damage" expected or Intended from the standpoint of the Insured. This exclualon does not apply to "bodily Injury" or "property damage' resulting from the use of reasonable force to protect parsons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 8. Trans - far Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed In writing In a contract or agreement that you waive such rights against that person or organization; and 2. The Injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 0 2013 Liberty Mutual Insurance CO 88 10 04 13 IncludeacopyTighted material of Insurance SwAces Office, Inc.,wiut Its permleeloi RideMwwgemerd DMstan y^ 2 REVIEWED 6{APPRO/V/E] BY. ��, I ".inyM,t A. Va(tfA(FC ® Risk Management Analyst O 2018LIbertyMutual lnaurance AC 85 43 05 15 Includes copyrighted materiel of Ineur®nce8ervices Ofeca, Inc.,xdth Ile pamilselo MDG Associates, Inc, Policy If: BAS57179298 Policy Period 7-1.21 to 7-1-22 COMMERCIAL AUTO AC 85 43 88 i8 THIS ENDORSEMENT CHANGES THE POuCY. PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This andorsament modlfias Insurance provided under the following; BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement If the policy to which this endorsement Is attached also contains a Business Auto Coverage Enhancement Endorsement with a spaoffic state named In the title, this endorsement does not apply to vehicles garaged In that specified state. COVERAGEINDEX ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR- WAIVER OF DEDUCTIBLE 18 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 5 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE. 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE S PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NONCONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 15 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 21 SECTION 11- LIABILITY COVERAGE Is emended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION it - LIABILITY COVERAGE, Paragraph AA. Who Is An Insured Is amended 5 ,1ndude the following as an "insured". d. Any legally Inoorporatod subsidiary of which you own more than 50 percent Interest during the policy period. Coverage Is afforded only for 90 days from the date of acquisition or tormallon. However, "Insured' does not Include any organization that: (1) Is a partnership or Joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specMlcaif y to apply In excess of this policy; or (3) Has exhausted Its Limit of Insurance or had Its policy terminated under any other automobile pollcy. Rlelc Msnegentmt Division +^ REVIEWED&APPRO BY. F`IA� Z V:LLcnraf ® Risk Management Analyst Coverage under this provision d. does not apply to "bodlty Injury' or "property damage' that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "Insured e. Any "employee" of yours while using a covered 'auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement Is excess over any other Insurance available to any "employee', f. Any "employee` of yours while operating an'auto' hired or borrowed under a written contract or agreement In that "employee's' name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT IBM SECTION 11 - LIABILITY COVERAGE, Paragraph A.I. Who is An Insured Is emended to Include the am following asan'insured'; It. Any person or organization with respect to the operation, maintenance or use of a covered 'auto", provided that you and such person or organization have spread In a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an'insured". However, such parson or organization Is an'insured': 1111111111110 (1) Only with respect to the operation, maintenance of use of a covered "auto"; (2) Only for "bodily Injury" or 'property damage" caused by an "accident" which takes ptaos after you executed the written contract or written agreement, or the permit has been Issued to you: and 7 (3) Only for the duration of that contract, agreement or permit. The 'insured" is required to submit a claim to any other Insurer to which coverage could apply for defense and Indemnity. Unless the "insured" has agreed In writing to primary noncontributory wording per enhancement number 24, thla pollW Is excess over any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for coat of bail bonds (Including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the 'Insured" at our request, Including actual lose of earnings up to $500 a day because of time off from work, s 5. AMENDED FELLOW EMPLOYEE EXCLUSION ' in those Jurisdictions where, by law, follow "employeaa" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion Is added: SECTION II - LIABILITY, Exclusion B.S. Fellow Employee does not apply B the "bodily Injury" results from the use of a covered "auto' you own or hire If you have workers compensation Insurance in force for all of your 'employees" at the time of "loss'. This coverage is excess over any other collectible Insurance. SECTION III - PHYSICAL DAMAGE COVERAGE Is amended as follows: & HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III • PHYSICAL DAMAGE COVERAGE, Is amended by adding the following: If hired "autos" are covered 'autos' for Liability Coverage, and If Comprehensive, Specified Causes of Lase Or Collision coverage are provided under the Business Auto Coverage Form for any 'auto' you awn, then the Physical Damage coverages provided are extended to "autca": 10 20181.1bedy Wusl Insursnos AC 85 43 06 18 Includes copyrighted material of InsuranceServloes Circe, inc, YWh Its permleelo ,.._�..� s' .ems I, / t Z�qwm_ Risk MowgonentDiMlon REVIEWED&APPROVED BY. Risk Management Malyst 7. 8. a. You hie, rant or borrow; or b. Your 'employee" hlres or rents under a written contract or agreement In that "amployes'a" name, but only if the damage occurs while the vehicle Is being used In the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" In any one "accident" or "loss" Is the smallest of (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repalring or replacing the damaged or stolen property with other property of like kind and quality, minus adeductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. a. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto' you own. d. Subject to a maximum of $1,000 per "accidem", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual financial lose. 9. This coverage extension does not apply to: (1) Any "auto" that Is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension Is excess over any other collectible Insurance available at the time of "loss". TOWING AND LABOR SECTION III " PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered 'auto" classified and rated as a private passenger type, "light truck or "medium tntt:k' Is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less, a. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001-20,000 pounds. However, the labor must be perforated at the place of disablement. PHYSICAL DAMAGE •ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III • PHYSICAL DAMAGE COVERAGE, is emended to provide a limit of $50 per day and a maximum limit of $1,500. RENTAL REIMBURSEMENT SECTION III "PHYSICAL DAMAGE COVERAGE, A. Coverage, Is emended by adding the following: s. We will pay up to $76 per day for rental reimbursement expenses Incurred by you for the rental of an "auto" because of "accident" or "lose", to an 'auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages, We will pay only for those ex- penses Incurred after the first 24 hours following the "aoddenP or "lose" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days, C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit Is excess over any other collectible Insurance. 2018 LIbeity Mutual Insurance AC 65 43 0010 Includes copyrighted material of Insurance Services Was, Ino„wkh Its permisslo Rink Mnnagmterd Dh isr"n [REVIEW< &AP'PIRIOBr 'V'm Rkk Management Analyst I a O 2018LIbany. Mutual Insurance AC 85 43 06 18 Includes copyrighted matemel of insurance Services Offios, Inc.,whh Its psrmissia. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot NI. e. If'icss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which la not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension Is excess over any other collectible Insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal offects" as defined in provision 11.0. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION ill " PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered `auto" to you. The maximum amount we will pay Is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III • PHYSICAL DAMAGE COVERAGE, A. Coverage, Is emended by adding the following: If you have purchased Comprehensive Coverage on this policy for an 'auto" you own and that "auto" to stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the 'auto' The Insurance provided under this provision is excess over any other collectible insurance. S. SECTION V • DEFINITIONS Is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that Is wom or canted by an "Insured' "Personal effects" does not include tools, equipment, Jewelry, money or secud- gas. 12. ACCIDENTAL AtRBAG'DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, S. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the acoidental discharge of an alrbag. Any insurance we provide shall be excess aver any other collectible Insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE "VEHICLE TRACKING SYSTEM SECTION III .PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown In the Declarations will be reduced by 50% for any "loss' caused by theft If the vehicle Is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III • PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to excitr stone 4.c. and 4.d. is deleted and replaced with the foilowing: Exclusions 4.c. and 4.d. do not apply to: e. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- algned solely for the reproducdon of sound, If the equipment is: (1) Permanently installed In the covered "auto" at the time of the "loss° or removable from a housing unit that Is permanently installed in the covered "auto"; and (3) Designed to be solely operated by use from the power from the "auto'a" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the 'loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obllgatlon to pay for, repair, return or replace damaged or stolen property xrdl be reduced by a $t00 deductible. RiskManagment DMsM REVIEWED & APPRovin BY: F4.W,�W Z V:,[Gr AI - Risk Management Analyst v 15. LOAN 1 LEASEGAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION IiI - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a'total loss' to a covered "auto" owned by or leased to you in any one "eaddera" Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "lose leas the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the 9oaa"; b. Financial penalties Imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costa for extended warranties, Credit Life Insurance, Health, Accident or Disability Insun ante purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; 6. Final payment due under a "Balloon Loan"; L The dollar amount of any unrepairad damage which occurred prior to the 'total lose" of a covered °auto'; g• Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; 1. Any amount representing taxes; 1. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "lose". An adjustment for depreciation and physical condition vdll be made In determining the actual cash value at the time of the "loss". This adjustment Is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that Incurred the 'lose" serves as collateral, or lease written on the covered "auto" that Incurred the "loss", C. SECTION -V • DEFINITIONS Is changed by adding the following: As used In this endorsement provision, the following de5nldona apply: "Total loss" means a "Ices" in which the coat of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are Insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 16. GLASS REPAIR -WAIVER OFDEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. iT. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION 111 -PHYSICAL DAMAGE COVERAGE is Amended by the addition of the following: The deductible does not apply to "lose` caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 [be. or lase as defined by the manufacturer as maximum loaded weight the "auto" Is designed to carry while it Is: a. in the charge of an "insured'; b. Legally parked; and c. Unoccupled. ® 20181.IbartyMuWalInsurance AC 05 43 06 18 Includes copydghtsd matanai of lneuranceServlcas Office, lno„with Its permisalr x. Risk Mattwgmtattotvubn Rwe&ED & APPROVED BY::( S.IIIL111F:t' F�.c+.c:n.t Z V&"cnt c( Risk Management Analyst d The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown In the Declarations, This provision does not apply to any "loss" if the covered "auto" is In the charge of any person or organization engaged In the automobile business. 18. TWO OR MORE DEDUCTIBLE$ Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more Company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible : a. If the applicable Business Auto deductible Is the smaller (or smallest) deductible, It will be waived; or b. If the applicable Business Auto deductible Is not the smaller (or smallest) deductible , it will be reduced by the amount of the smelter (or smallest) deducible; or C. If the 'lass" Involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that Is part of this Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS Is amended as follows: 19, UNINTENTIONAL FAILURETO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph 6.2. Is amended by adding the following: If you unintentionally fall to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 20, AMENDED DUTIES IN THE EVENT OF ACCIDENT. CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2,e. Is replaced In its entirety by the follow- ing: a. In the event of "saddent•, claim, "autr or "loss", you must promptly notify us when It is known to: (1) You, If you are an Individual; (2) A partner, If you are a partnership; (3) Member, If you are a limited liability company; (4) An executive of0cer or the "employee" designated by the Named Insured to give such notice, If you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "acddenr or "loss" took place; (b) The "inaured'e" name and address; and (c) The names and addresses of any injured persons and witnesses. 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.B. Transfar Of Rights Of Recovery Against Others To Us, Is amended by the addition of the following: If the person or organization has In a written agreement waived those rights before an "accident" or "loss', our rights are waived also. 22. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph 0,7, Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos' hired 30 days or less, the coverage territory is anywhere In the world, provided that the Wnsured'a° reaponaiblilty to pay for damages Is determined In a "sulr, on the merits, In the United States, the territories and possessions of the United States of America, Puerto r" �- •• a settlement we agree to. C 201e Liberty Mutual Insurance AC 88 43 OS 18 Includes copyrighted material of Insurance Servlcee Office, Inc., with Its parmiealor f� 1Gak Management DiHafmt RE+/E &APPROVED BY: Fa�� R. V: wAt Risk Management Matyst s This extension of coverage does not apply to an 'auto' hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NONCONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE. MENT The following Is added to SECTION N -BUSINESS AUTO CONDITIONS, General Conditions, B.B. Other Insurance and supersedes any provision to the contrary: This Coverage Forrn's Covered Autos Liability Coverage is primary to and will not soak contribution from any other Insurance available to an "Insured" under your policy provided that: 1. Such "Insured" Is a Named Insured under such other Insurance; and 2. You have agreed In a written contract or written agreement that this Insurance would be primary and would not seek contribution from any other Insurance available to such "Insured'. SECTION V - DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS , Definition C. Is replaced by the following: 'Bodliy Injury" means physical Injury, sickness or disease sustained by a person, Including mental anguish, mental Injury, shock, fright or death resulting from any of these at any time. ® 2018 Liberty Mutual Insurance ,, t,. RiskMmWgemmtDlAston AC 88 43 08 18 Includes copyrighted material of Insurance Services Office, Inc., with Its parmlesb , . � aene�D 6 APPRD BY: ` , F.,:,,e R. V:.IL,..l gum Risk Management Malpt ACC ® DATE (MM/DD/WY CERTIFICATE OF LIABILITY INSURANCE 06/22/2021 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 ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the CorRisk Solutions 180 N Stetson Ave Suite 4500 Chicago, IL 60601 MDG Associates, Inc. 10722 Arrow Route Suite 822 Rancho Cucamonga, CA 91730 COVERAGES Karen Bronson o,r„r 312-637-8755 iu�o. xe.un kbronson@corrisksolutions.com INSURER(S) AFFORDING COVERAGE NAICa INSURERA: New Hampshire Insurance Company 23841 INSURER INSURER E: INSURER F: 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. 1NSR LTR TYPE OF INSURANCE AUD'L INSRD SUER MD(MMIDDIYYYY) POLICY NUMBER PODGY EPF POLICY BXP (MWDDII'YYYI LIMRS GENERAL LIABILITY EACH OCCURANCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE F-IOCCUR DOES NOT APPLY DAMAGE TO RENTED PREMISES (Es mcurance) MED UP (Anyone person) PERSONAL B AND INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT FLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT lee ealdenu BODILY INJURY JP., parson) ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS DOES NOT APPLY BODILY MJURY(Per accident) PRUPERTY Da IJE leer amldentl HIRED AUTOS NONIWNED Al ITnF UMBRELLA LIAR OCCUR EACH OCCURANCE AGGREGATE EXCESS LIAR CLAIMS MADE DOES NOT APPLY DED I IRETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WG STATU- TOR LIMITS OTHER ANY PROPRIETOWPARTNER/EXECUTIVE OFFICE/MEMBEREXCLUDED? YIN (t yes,daryin NH) ❑ a antler DESCRIPTION OF tt yes, OPERATIONS OPERATIONS below NIA DOES NOT APPLY E.L. EACH ACCIDENT E.L. UI8E5At-EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A Professional Liability 069991891- 05 07/01/21 07/01/22 Per Occunenca: $2,000,000 Annual Aggregate: $2 000 0()0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) CtKI IFICAIt HULULK CANCELLAIIUN City of Santa Ana Risk Management Division 20 Civic Center Plaza 9th Floor 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. ACORD 25 (2010105) ©1988-2010 ACC The ACORD name and logo are registered marks of ACORD CBWIIIE:.L' RiskManegrnunfDlWalan REvim,ED&pAPPROVED BY. 1 �K ram. VaCW�tC Risk Nianagemenl Analyst MDGASSO-01 AMARIN ,a►�ofzo' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOYYYY) nnzort 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 endorsements . PRODUCER CONEACT Aaron Marin AmoreM, Rosemann, & Associates 3110 E. Guasti Road Suite 500 PHONE FAX (A/C, No, EXt): (909) 660-3903 (A/C, No); A%ffiaESS: aaronm@arainsurance.com Ontario, CA 91761 _ - INSURERS AFFORDING COVERAGE NAICIf INSURER A: State Compensation Insurance Fund of California 35076 INSURED INSURER B : INSURER C : . Mdg Associates, Inc. INSURER D : 10722 Arrow Route Ste 822 Rancho Cucamonga, CA 91730 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- 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 CONTRACTOROTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD Wye POLICYNUMBER POLICY EFF p POLICY EXP pffAGGRE�TE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ENCE $ ENTED $ one arson $ DV INJURY $ GEWL AGGREGATE LIMIT APPLIES PER: POLICY ❑ jEPT LOG OTHER: REGATE $ OMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AU��T�pOS AUTOS ONLY AUr03 ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Per arson $ BODILY INJURY Per accident $ PeOaccdi DAMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE DED RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN ppFFICEILMEMBER EXCLUDEDT �Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X 1980750-21 711/2021 71112022 )( PER OTH- T ER E.L. EACH ACCIDENT 1r000rQ00 E.L DISEASE - EA EMPLOYE 1,DOD,9DD E.L DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Proof of coverage. Waiver of subrogation applies. CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4th Floor SANA ANA, CA 92702 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7 ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD REVIEWED & APPROVED BY: [ r 4MµY R. V g Risk Management Analyst ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE JULY 1, 2021 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JULY 1, 2022 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME MDG ASSOCIATES, INC. 10722 ARROW RTE STE 822 RANCHO CUCAMONGA, CA 91730 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 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER 1980750-21 RENEWAL SP 0-27-54-05 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 2, 2021 2572 AUTHORIZED REPRESENTFNIVE PRESIDENT AND C SCIF FORM 10217 (REV.4-2018) 1 WekMnnagrntentDtr IM y: REvl�D & APPROVm BY: Risk Management Analyst