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HomeMy WebLinkAboutFOUR STAR INVESTIGATIONS, LLCINSURANCE NOT ON FILE N-2021-227 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: LIMITED LEGAL SERVICES AGREEMENT WITH NOV 6 2021 FOUR STAR INVESTIGATIONS, LLC. This limited legal services agreement ("Agreement") is made and entered into this 12th day of October, 2021, by and between Four Star Investigations, LLC a California limited liability company ("Attorney"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). Attorney and City are also collectively referred to as "the Parties." IT(�eq.sv�..AA ltIjc-)(SA'\ RECITALS A. City desires to employ Attorney to assist the Executive Director of Human Resources in conducting personnel investigations and providing legal advice related to such investigations to the City, and B. Attorney represents that he is licensed to practice law in the State of California, has special experience and knowledge in the field of public employment law and conducting personnel investigations. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorney, for the compensation hereinafter specified, to assist the Executive Director of Human Resources, on an as needed basis, with conducting personnel investigations, including but not limited to, Equal Employment Opportunity Commission and Department of Fair Housing and Employment complaints. Attorney accepts said retention and agrees to perform, in a timely and efficient manner, all such services as may be requested by the Executive Director of Human Resources. The Parties will confirm each investigation or assignment pursuant to this Agreement in a separate email or letter. 2. PAYMENT FOR SERVICES RENDERED a. FEES City agrees to compensate Attorney, and Attorney agrees to accept from City, as payment in full for all services for the foregoing Actions, compensation to engage Attorney at the rate of $185 an hour. During the temi of this Agreement, the total amount authorized for services pursuant to this Agreement is fifty thousand dollars and zero cents ($50.000.00). b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorney for out-of- pocket expenses, including but not limited to, transcription, mileage, copying costs, mail services, and other relevant and necessary fees related to the services provided pursuant to this Agreement authorized by the Executive Director of Human Resources in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Travel costs for Attorney is billed per the hourly rate but and includes costs for travel, lodging, and other related costs as agreed upon in writing by the parties. Any costs in excess of $5,000 require approval of the Executive Director of Human Resources prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorney shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i,e. receipts, invoices, copy of check, etc.). 4. CONTROL OF LEGAL MATTERS Attorney agrees that each and every matter or proceeding in which they undertake to assist the Executive Director of Human Resources, as aforesaid, shall be and remain under, and subject to the control and direction of said Executive Director of Human Resources at all stages, and that they shall at all times keep the Executive Director of Human Resources informed of all matters pertaining thereto. City will keep Attorney informed of all significant developments in matters relating to any representation undertaken by Attorney under this Agreement. Attorney further agrees, if and when his retention hereunder is terminated by City, as hereinafter specified, he shall return to the Executive Director of Human Resources any and all files then in his possession concerning each and every matter or proceeding in which he represented the City pursuant to this Agreement. 5. LILUTATION ON LEGAL. SERVICES The scope of this representation is limited, Attorney will make factual findings, utilizing Attorney's legal skills, knowledge, and experience in so doing. Attorney will not render a legal determination whether there was unlawfitl discrimination, harassment, violation of public policy, or a violation of any other law or statute for investigations under this Agreement. The Santa Ana City Attorney will advise the City with respect to issues of attorney -client privilege, scope of privilege, waiver, and work product in connection with services provided under this Agreement. The City and Attorney intend that Attorney's investigations will be covered by the Attorney -client privilege and Attorney -work product privilege to the extent legally permitted, although Attorney understands that the City may choose to waive the privilege in the future. The City specifically gives its informed consent to a limited scope engagement and understands that it may seek independent legal advice concerning the proposed limited scope engagement if it wishes. 6. CITY COOPERATION City agrees to make available the witnesses and documents requested by Attorney to permit Attorney to perform this independent investigation. The city will designate an employee as the primary point of contact for the City for each investigation performed under this Agreement. This will include arranging access to witnesses and documents and arranging a location for interviews. 7. NO GUARANTEES It is understood that there is no guarantee or assurance that any particular result will be reached in any investigation conducted under this Agreement. 8. REPORTING REQUIREMENTS Unless otherwise directed, Attorney will provide a written report to the Executive Director of Hunan Resources for the investigation conducted under this Agreement. Upon the conclusion of any investigation, at the Executive Director of Human Resource's request, the Attorney may also provide, in a privileged document separate from the report, recommendations to assist in resolution of any or all substantiated findings. 9. TERM The term of this Agreement shall commence on the date first written above and terminate one (1) year thereafter, unless terminated earlier pursuant to Section 19 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney. 10. INDEPENDENT CONTRACTORS It is annually agreed by and between the parties that, in the performance of their covenants hereunder, Attorney is and shall he an independent contractor, and not an officer or employee of City. 11, INSUIUINCE Attorney shall provide to the Executive Director of LIummn Resources proof of insurance prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering C'GL, on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2.000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Attorney has no employees, Attorney can sign a declaration to that effect and worker's compensation coverage will be waived. C. Professional Liability j9rp2rs and omissions) insurance: with a combined single limit of not less than $1.000.000 per claim, and maintain such insurance throughout the term of this Agreement. d. If Attorney maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Attorney. Any available insurance proceeds in excess of the specified minitnum limits of insurance and coverage shall be available to the City. C. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions: Ad 'tiunal Insured Status- 'Che City of Santa Ann, its officers, officials, employees, and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of Attorney including materials, parts, or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Attorney's insurance (at least as broad as ISO Form CO 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). ii. PriniaLy Coverage- For any claims related to this contract, Attorney's insurance coverage shall be primary coverage at least as broad as ISO CO 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of Attorney's insurance and shall not contribute with it, iii. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation in a form approved by the City. Waiver of Subrogation- Attorney hereby grants to City a waiver of any right to subrogation, which any insurer of said Attorney may acquire against the City by virtue of the payment of any loss under such insurance. Attorney agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. g. If Attorney fails or refuses to produce and maintain the insurance required by this section, or fail or refuse 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 Attorney's right to be paid for its time and materials expended prior to notification of termination. 12. INDEMNIFICATION Attorney agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorney's negligent or wrongful performance or conduct related to this Agreement. Since the purpose of the Attorney's engagement is to assist the City in determining the facts related to internal personnel complaints, the City agrees to the following limited indemnity language. The City agrees to indemnify, defend and hold Attorney, his successors and assigns, and each of its officers and employees, harmless from any and all claims, suits, demands, losses and expenses, including reasonable Attorneys' fees, accruing or resulting to any and all persons, firms, or other entity arising out of Attorney's performance or non-performance of its obligations under this Agreement, unless art error or erroneous omission by Attorney cause such damage or loss. The City shall not indemnify Attorney for any matter involving a claim by the City of professional negligence, or any matter for which Attorney shall have been adjudicated to have acted in bad faith or engaged in willful misconduct or any conduct outside the scope of its retention under this Agreement. This Agreement in no way limits the Attorneys' liability for professional malpractice under the California State Bar Rules or the Rules of Professional Conduct. 13. RLi ATED POs-r-INVESTIGATION SERVICES If Attorney is asked or required to prepare for and/or testify, including, without limitation, at deposition, trial, arbitration or any other proceeding, because of services rendered under this Agreement, if Attorney must respond to subpoenas or discovery or otherwise respond or perform services with respect to any matter relating to or arising out of the services performed for City, City agrees to pay Attorney for all time expended (including preparation time) at $250 an hour with a four (4) hour minimum and to reimburse Attorney for reasonable costs and expenses incurred, whether or not the investigation has been concluded. This includes reasonable costs of legal representation. Payment is due upon presentation of a bill for services, costs, and expenses. 14. CONPID( NTIALITY if Attorney receives from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorney agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorney, disclosed in a publicly available source; (c) is in rightful possession of the Attorney without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorney without reference to information disclosed by the City. 15. CON1 UC.T QI? INTEREST C . USL Attorney covenant that it presently tins no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: (714) 647-6956 Courtesy Copy: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) Santa Ana, California 92702 Fax: (714)647.6930 To Attorney: Attention: Keith L. Kilmer Four Star Investigations, LLC 400 North Tustin Avenue, Suite 401 Santa Ana, California 92705 A party may change its address by giving notice in writing to the other )Harty, Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If scut by facsimile, communication shall be effective or deemed to have been given twenty -Four (24) hours after the time set forth on the lransmissiou report issued by the transmitting facsimile machine, addreswd as set forth above. For purposes of calculating these time fiames, weekends, federal, state, County or City holidays shall be excluded. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorney, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorney. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorney or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 18, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorney, Attorney may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City, 19. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorney shall be entitled to receive and the City shall pay Attorney compensation for all services performed by Attorney prior to receipt of such notice of termination. As a condition of such payment, Attorney shall deliver to the City all files and records generated under this Agreement as of such date. Attorney tray terminate this agreement, subject to his obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel. 20, NON-DISCRIMINATION Attorney shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities, Attorney affirms that it is an equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations. 21. JURISDICTION— VENUE Tlus 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. 22. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 23. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission, email, or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fist above written. ATTEST: CITY OF SANTA ANA 'gv Gomez, CMC Kristine Ridge of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney F ♦em Laura A. Rossini ATTORNEY lla�1-11L� FovlAtfar hivestigations, LLC. Chief Assistant City Attorney By its: Manager Keith L. Kilmer FOR APPROVAL: Motsick tive Director of Human Resources Digitally signed by Francine R. Francine R. Villareal Villareal ACC J?ElCERTIFICATE OF LIABILITY INSURANCE DATE g1/19 /2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFDRMATllE)N ONLY AND CONFERS NO RIGHTS UPON THE CERMFICA E HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER, THE COVERAGE AFFORDED' BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)„ AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) midst 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. CONTACT Victoria L Smith-NJAME_ Yergey Insurance Services, LLC PHONE (55711�319tit �^ FA 877)418-5422 _. E MANL 5941 Parsons Lane E� victoria a�erg 'n �rao King George. VA 22485.2434 INSURER@ AFFORDNG COVERAGE NAIL is INSURER A ACE RreUnderwr'itersinsurance Company _ 20702 INSURED INSURER B Four Star investigations, LLC INSURER c __...__.._... 400 N "Tustin Avenue INSURER D Suite 401 INSURER I— ,�._... .. ......._.�___._._._ ..�... _..._._..m.,..._,.m Santa. Ana CA 92705 INSURER r^%/r0Arec r OTICIreTc MIIIRAMCQ, r3l=ttNralflSMtl NIIIVIRII::R• THIS IS TO CERTPF'Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 TC '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. _..— _ _.........m..-. �NSR TYPE OF INSURANCE', ADDL SUBR POLICY NUMBER MO DDI EFF POLICY EXP LIMITS LIEh COMMERCIAL GENE RAIL LIABILIV EACH OCCuRREN(d ,E $ 4,000,000 CILAMAS-MADE X OCCUR '.. PRIDO aES(Ea $ 100,000 toED EXP ¢A,y ane pe« son) $ 5,000 _ .._... A Y Y SPIG28990649003 05/13/2021 05/13/2022 PERSONAL S, ADy uI'A,IUR`A $ 4,000,000 GEN'LAOGREGXfFLRM4APPLIES PER GENERAL AGGREGATE "$ 4,000,000 PRCk- 4 . P'C71 VC k ,AECT' PRODUCTS COMiVPAOP AGG $ 4 000 000 OTHER. D'eductit;leRetentIcsn $ 0/NIL AU MOBILE LIABILITY COMBINED M�l�P��TDISiIrksLE LGrP1T...,...: $. 1,000,000 _..... ANY ALIT`O BODILY 8NJURY (Per person $ A Ow'E SCHEDULEDBODLY � Y Y SPIG28990649003 D5/13�022 INJURY (Per acc�er4t)� $i NON-0 NED H�RErT, ONLY AUTO b Pofi ED PROPERTY FRTY DAMAGE --'-- $ AYIREDT05 ONLY � Rere,:reorot $ UMBRELLA LIAR OC;GUR EACH I'AC 4ERRE',rvC F E'ArCESSLIAB C1LAlES-N AIE.', AGLIRECAT'E. 5 R -T NTQN S WORKERS COMPENSATION PErt OTH_. T IT ERR ANDEMAtPLOYERS`LIABILITY Y ANY F+�#+"�rrRlE'"C,AR,tARTNFR.L ECUTI (-'� LDRcICEIRMEM ER EXC.B UD, E'LD N d A E L MACNiACYC'I$4ENT $ _ (mandatory in NH)E 4. DISEASE - EA EMPLOYEE S E L DVSEPSE - POUC°( LPIff �... .. $ 'Ityes, de3cnbo a ndw DES'C.RIRTEON OF OPERATUONS bf,,4 sr A Professional LIabllity / Y Y SPIG28990649003 05/13/2021 05/1312022 Occurrence $4„000,000 Errors and Omissions Aggregate $4 000,000 DESCRIPTION OF OPE'RA"nONS A LOCATIONS I VEHICLES ACORD 101, AdditionsI Remarks Schedule, may be attached if more apace Is reg%cred) City of Santa Ana, its officers, officials, employees, and volunteers are named as an Additional Insured Wath endorsement 1BOP45230 under the above policy number. City of Santa Ana 20 Civic Center Plaza Fax: Email: • R `r 10 SHOULD ANY OFTHE ABOVE, DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATNON DATE THEREOF, NOMCE WILL BE DELIVERED NMI ACCORDANCE WITH THE POLICY PROVISIONS. AU THORIZE7PRESENTA TIVE µ Rie4tI4viagt:l7adDlMsian CA 92701 a e\°= RE L1,11ED & ,0VPRDVED 8Y: 01988-20'15, ACORD 'C , The ACORD name and logo are registered marks of ACORD �_ ram' Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. nsurance provided under the following: Effective Date of Change: 2021-01-07 Named Insured: Four Star Investigations, LLC & Coverage Forms And Endorsements The following endorsements have been amended: The above amendments result in a change in the premium as follows: ADDITIONAL PREMIUM: $0.00 Countersigned By: JOHN J. LUPICA, President (Authorized Representative) 5 PiskManiganadDiMsian RLVL1,11ED&,0VPR1WM8Y.- 'cloy Risk Management Analyst F;�ill!Zly mii 341�10 BUSINESSOWNERS BP 04 48 017 13 UMBA] k 9.10111.11M 10 6"111:44 1111110 Q *41 Lei 0 F.All 94 oil a 4:4*41 1 This endorsement modifies insurance provided under the following: SCHEDULE CITY OF MONTEREY PARK; its' directors, officers, employees,, The City of lwslnrliill� City of Santa Ana, its officers, officials, employees, and volunteers, 20 Civic Center Plaza, Santa Ana, CA 92701 City ofdNJkVM1*-, 0 S liplibm I, CArOA11111111111116 Section 11 — Liability is amended as follows� A. The following is added to Paragraph C. Who Is An Insured: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented! to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. TSIMISVOT B. With respect to the insurance afforded to these additional inisureds, the following is added to Paragraph D. Liability And Medical Expenses 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: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less, This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. BP 04 48 07 13 0 Insurance Services Office, Inc., 2012 PiskManiganadDiMsian RLVL1,11ED&,1VPRI 'cloy Risk Management Analyst BP 04 97 01 06 This endorsement modifies insurance provided under the following: RNIZE01-8ml I Name Of Person Or Organization: I CITY OF, its' directors, officers, employees City of Santa Ana, its officers,,officials , employees, and volunteers, 20 Civic Center Plaza, Santa Ana, CA 92701 Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above ivP 04 97 01016 0 ISO Properties, Inc., 2004 omm�� 5 PiskManiganadDiMsian RLVL1,11ED&,0VPR1WMBY: 'cloy Risk Management Analyst Named Insured Endorsement Numbei Four Star Investigations, LLC CCIK11H0314 Policy Symbol Policy Number I Policy Period 1 Effective Date of Endorsement SPI SPI G28990649 003 05-13-2021 to 05-13-2022 12-16-2021 Issued By (Name of Insurance Company) AGE.. Fire Underwriters Insurance Company Insed the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THE ONLY SIGNATURES APPLICABLE TO TH�IS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGEOF DECLARATIONS. By signing and delivering the policy to you, we state that it is a vapid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company) BANKERS STANDARD FIRE AND MARINE COMPANY (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company) AGE AMERICAN INSURANCE COMPANY (A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Sox 1000, Philadelphia, Pennsylvania 19106-3703 M i G L. COLLINS, Secretary CC-1 i<11 h (03/14) W'j "'- � MAP, w Authorized Representative �w F RiskManaganerdDivisian REVIEWED & ,0VPRO M BY: e — —� Risk Management Analyst BUSINESSOWNERS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY.- V"° BP 14 88 07 13 © Insurance Services Office, Inc., 2012 �__ _� Wsk Pjanagement Analpt CITYO ANA ..F I a RisK * * RuouRCES Managing Risk ftwov m k MrChange hereby affirm under penalty of perjury, the (NamelTt1'e) following declaration: I certify on behalf of A-- wV IoA1SI L(— " that during the term (ConsultontlCompony Name) of my contract for A/1111" services with the City of Santa Ana, (Type of service provided) will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and: agree that if I should became subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Cate: 1 2-1 Print Marne: , r �- Print `title: E� Signature: 14ma_ i � � M � x '" • • � i • � r � IIY �yNIIM � � r � M � � r i:\Risk M mt\Insura,nc Requirements' Affidavit of Exemption for workers' Compensation Insurance �w a Kim i UUUq;Cme2a Umawn 3/ REVIEWED & APPROVm BY. — —� Risk Management Analyst Ejhjubmmz!tjhofe! cz!Bohjf! Bohjf! Bdfwfep! Ebuf;!3133/17/32! Bdfwfep 1:;12;42!.18(11( POLICY NUMBER:SPI G28990649 004BUSINESSOWNERS BP 04 48 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Liability is amended as follows:B.With respect to the insurance afforded to these additional insureds, the following is added to A.The following is added to Paragraph C. Who Is An ParagraphD. Liability And Medical Expenses Insured: Limits Of Insurance: 3.Any person(s) or organization(s) shown in the If coverage provided to the additional insured is Schedule is also an additional insured, but only required by a contract or agreement, the most we with respect to liability for "bodily injury", will pay on behalf of the additional insured is the "property damage" or "personal and advertising amount of insurance: injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those1.Required by the contract or agreement; or acting on your behalf in the performance of 2.Available under the applicable Limits Of your ongoing operations or in connection with Insurance shown in the Declarations; your premises owned by or rented to you. whichever is less. However: This endorsement shall not increase the a.The insurance afforded to such additional applicable Limits Of Insurance shown in the insured only applies to the extent permitted Declarations. by law; and b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 04 48 07 13© Insurance Services Office, Inc., 2012Page 1 of 1 POLICY NUMBER: SPI G28990649 004BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: CITY OF MONTEREY PARK; Mesa Water®, its’ directors, officers, employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ParagraphK. Transfer Of Rights Of Recovery Against Others To Us in Section III – Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above BP 04 97 01 06© ISO Properties, Inc., 2004Page 1 of 1