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HomeMy WebLinkAboutMGT OF AMERICA CONSULTING, LLC (3)INSURANCE ON FILE oz WORK MAY PROCEED c UNTIL INSURANCE EXPIRES N 1.1.1oti2 i� CLERKOFCOUNCIL N DATE: e N Q: pD (LpoM&A,%e+-) (1i Lg CONSULTANT AGREEMENT CITY OF SANTA ANA N-2021-230 THIS AGREEMENT is made and entered into on this 4Ta day of November, 2021 by and between MGT of America Consulting, LLC, a Florida limited liability company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of providing state mandated cost -claiming services pursuant to Senate Bill (SB) 90. B. Consultant represents that it is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. CONIPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $23,150. 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 which may reasonably be expected by City. kt 931NurI This Agreement shall commence on the date fast written above through June 30, 2023, unless terminated earlier in accordance with Section 15, below. Page l of 9 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. OWNERSIUP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CO 00 01 covering CGL on an `occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than-$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code S (hired) and 9 (non - Page 2 of 9 owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance 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. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Consultant requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Consultant, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment famished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 2010 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Consultant, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Consultant, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except witlinotice to the Consultant. Waiver of Subrogation Consultant hereby grants to Consultant a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Consultant by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that maybe necessary to affect this waiverof subrogation, but this provision applies regardless of Page 3 of 9 whether or not the Consultant has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Consultant. The Consultant may require theConsultam to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Consultant. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Consultant. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: I. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five-(5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Consultant with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage reguiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Consultant before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Consultant reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Consultant is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Consultant reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. Page 4 of 9 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INT EA LLECTUAL PROYEi2'IT INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. i)!'R7DfKi^'d Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10, CONP'IDENT'IALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that Page 5 of 9 it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the temis and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 6 of 9 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVE' R No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 1S. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement„maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 9 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by First class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, California 92702 Fax: To Contractor: MGT Consulting 2251 Harvard Street Suite 134 Sacramento, CA 95815 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 8 of 9 N-2021-230 b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Daisy GomezLD'��4 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City ttomey By. - TAMARA BoGbslAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF SANTA ANA I{ristme Ridge City Manager MGT OF AMERICA CONSULTING, LLC JT4.Aadley rgess Title: E e Vice President Page 9 of 9 EXHIBIT A SCOPE OF SERVICES and COSTS o®*®. M G T CONSULTING FIRM OVERVIEW AND EXPERIENCE HISTORY AND ORGANIZATION STRUCTURE MGT of America Consulting, LLC (MGT) began operations in 1974, and has thoughtfully expanded its consulting capabilities over the years. We currently have over 95 professionals throughout the country and eight regional offices. MGT is owned by the current and retired partners, principals, and consultants of the firm. The advantage of this ownership structure to our clients is that every member of the firm has a vested interest in the successful completion of every project, for every client. MGT is a financially stable consulting firm that is expanding throughout the United States. We are proud of our California heritage and consulting roots. The original founders of Public Resource Management Group, LLC (PRM) all started their consulting careers with David M. Griffith and Associates (DMG) during the mid-1980s and early 1990s. That association formed our professional belief system and approach. Our core values are: Providing exceptional technical consulting services Developing partnerships with our clients that result in successful long-term relationships Guaranteed deliverables and services As a financially sound, privately held firm, MGT has no Wall Street analysts to answer to, nor do we have corporate investors. MGT consultants focus on our clients and fulfilling the terms of our agreements. Since its inception in 1974, MGT has maintained persistent and steady growth. MGT is a financially healthy company and can provide the resources required to successfully complete the requested services both now and in the future. MGT OFFICE LOCATIONS AND CONTACTS MGT's home office is in Tampa, Florida. Santa Ana's project will be exclusively staffed by consultants from our Sacramento office. Office locations and primary contact information are listed below. FLORIDA KANSAS TEXAS Tampa I Tallahassee Wichita Austin CALIFORNIA MARYLAND VIRGINIA Sacramento I Santa Ana Gaithersburg Richmond * COLORADO MICHIGAN WASHINGTON Denver Bay City Olympia * ,, INDIANA NORTH CAROLINA Indianapolis Raleigh CITY OF SANTA ANA, CALIFORNIA pg6E 1 SB 90 STATE MANDATED COST SERVICES CITY OF SANT.A ANA .❖. MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING OUR FIRM IS PROPOSING THE FOLLOWING SENIOR STAFF MEMBERS TO BE THE CONTRACTING AND PROJECT CONTACTS FOR THIS ENGAGEMENT: MGT of America Consulting, LLC 4320 West Kennedy Boulevard (Tampa, Florida 33609 P:813.327.4717 1 Fax:850.385.4501 FEIN:81-0890071 J. Bradley Burgess, Executive Vice President 2251 Harvard St., Ste. 134 1 Sacramento, CA 95815 j P:916.443.34111 Email: bburgess@mgtconsulting.com Diana Hancock, Manager 2251 Harvard St., Ste. 134 1 Sacramento, CA 95815 P:916.662.2439 1 Email: dhancock@mgtconsulting.com QUALIFICATIONS OF PROPOSED STAFF We believe our firm is uniquely able to assemble the most experienced, best qualified professional staff for this engagement. MGT proposes to assign Ms. Diana Hancock to the City of Santa Ana. MS. DIANA HANCOCK, MANAGER - PROJECT MANAGER Ms. Hancock is a Manager with MGT and has over thirteen years of professional consulting experience working with local governmental agencies. She is experienced with large scope state mandated costs projects (SB 90), being responsible for coordination and submission of SB 90 claims, with extensive experience in defending clients in desk and field audits. She has participated in, managed, and completed more than 100 separate consulting engagements throughout his career for cities, counties, and special districts. Her wide range of experience, along with her exceptional organizational and interpersonal skills, makes her a significant asset to every one of her projects. Ms. Hancock will oversee the daily work of the project and ensure project implementation occurs on schedule and in accordance with all project requirements. Ms. Hancock will have direct responsibility for coordinating the collection of all applicable data from all of City departments, and will also be responsible for the following: Development of the overall project plan On -site and remote staff interviews Preparation of all indirect cost rates (ICRP), mandated cost claims and claim review Hand -delivering claims to State Controller Interfacing with the SCO related to any field audits and negotiations 11 Responding to any desk reviews performed by the SCO 2251 HARVARD STREET, SUITE 134 1 SACRAMENTO, CA 95815 PAGE 2 CITY OF SANTA ANA PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES ",* MGT CONSULTING EXPERIENCE WITH STATE MANDATED COST CLAIMING MGT currently provides state mandated cost -claiming services to over 140 cities and counties in California. The list of city clients that have been served by our consultants during their careers is extensive. Most of our clients have used our firm for many years. It is also the case that many of our clients contract with MGT for multiple consulting engagements each year. We are proud of our service to our clients and value the trust they put in us above all else. A small sample of relevant MGT projects include: City of Anaheim PERIODAGENCY SERVICE 2003 to present SB 90 Services, Cost Allocation Plan County of Orange 2008 to present SB 90 Services, Cost Allocation Plan County of Napa 2014 to present SB 90 Services, Cost Allocation Plan County of Sonoma 2006 to present SB 90 Services, Cost Allocation Plan, Jail Access Fee City of Oakland 2004 to present SB 90 Services, Cost Allocation Plan, User Fee Plan City of Burbank 2003 to present SB 90 Services, Cost Allocation Plan, User Fee Plan City of Sacramento 2003 to present SB 90 Services, Cost Allocation Plan City of Santa Barbara 2003 to present SB 90 Services, Cost Allocation Plan City of Whittier 2004 to present SB 90 Services, User Fee Analysis City of Livermore 2003 to present SB 90 Services, User Fee Analysis, Right of Way MGT offers the City of Santa Ana the best, most experienced consulting staff, as well as the highest level of service available. MGT has nine SB 90 consultants with over 100 years of combined local government experience. The client list and references that we provide to prospective clients only include agencies that our current staff has served. No other consulting firm can match MGT's qualifications in the SB 90 area. APPROACH AND METHODOLOGY MGT provides a true turn -key solution for mandated cost claiming services. Our staff is involved with our client's claiming process throughout the year, providing proactive news, reports, and the earliest notification of new SB 90 claims possible. We provide our clients program summaries and data collection forms to assist in understanding all of the eligible components of each program. MGT's project manager will complete all claims, all indirect cost rate proposals, and compile all elements of the claims in electronic format and send to the City for review and signature well in advance of the claiming deadline. We will work closely with the SB 90 Coordinator 2251 HARVARD STREET, SUITE 134 1 SACRAMENTO, CA 95815 PAGE 3 CITY OF SANTA ANA ++e°e MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING keeping the City apprised of everything we are doing, but it will be MGT's responsibility to manage all aspects of the project. Some of the key aspects of this include: Quick and painless contract negotiations and approval Identify all possible SB 90 claiming opportunities Prepare and file all eligible annual SB 90 claims with the SCO Prepare and file all eligible first time or new SB 90 claims that have claiming instructions issued during the given fiscal year Provide assistance with SCO desk reviews and field audits for claims filed by MGT Assist the City with knowledge transfer and training related to the SB 90 process at the State level and also related to other local agencies in California Provide a list of claims filed for each fiscal year ANNUAL AND NEW / INITIAL CLAIMS 1. Establish a schedule and approach needed to complete all annual, new or first-time claims due within the fiscal year. This includes interviews with all applicable City department personnel. 2. Assist department staff to understand the specific mandated requirements for each SB 90 program, and how the City complies with the specific reimbursable portions of each program. Eligibility will be determined using the following criteria: a. The test claim's statement of decision. b. The California Commission on State Mandates approved parameters and guidelines. c. The SCO's claiming instructions. d. How other agencies around the state are complying with and interpreting the mandate. 3. Prepare all necessary department wide ICRPs in accordance with 2 CFR Part 200. MGT consultants have prepared thousands of ICRPs over the past 25+ years. We believe that our experience has developed a depth of understanding that is unmatched in the field. 4. Receive claims from the City for single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi -departmental claims will be handled in a similar fashion, but MGT will add an additional level of scrutiny with these claims to ensure no direct costs are double counted. 5. Perform a quality assurance review of the City's SB 90 claims to ensure the costs are supported by appropriate source documentation. 6. Prepare claims and provide the completed claims and ICRPs to the City for review and signature at least two weeks prior to the claiming deadline. 7. File the signed claims with the SCO prior to the deadline. PROJECT COORDINATION MGT views the SB 90 process as a partnership between Santa Ana and our firm. MGT will manage all aspects of project coordination, working closely with your SB 90 Coordinator to keep the City apprised of all relevant activity. Some of the key aspects of this coordination include: Provide the City with a list of all eligible claims, as well as Claim Summary sheets and Data Collection forms. All of these concise summaries and forms are available in a variety of electronic 2251 HARVARD STREET, SUITE 134 1 SACRAMENTO, CA 95815 PAGE 4 CITY OF SANTA ANA A�> MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING formats (Microsoft Word, Excel, and Adobe PDF) to make use and disbursement of claiming information as easy as possible. Work in concert with Santa Ana's SB 90 Coordinator to coordinate the City's overall claiming process. Work with departments to ensure all data required to file eligible claims is gathered in a timely fashion. Our team works closely with our client departments to ensure all questions are answered and deadlines are met. Ensure all eligible claims are filed on time and provide the City with written documentation showing which claims were filed and which claims were not filed, and why. DATA COLLECTION The three components of data collection related to this engagement include: direct cost program data, indirect cost data, and supporting documentation. DIRECT COST PROGRAM DATA COLLECTION Conduct individual meetings with departments to discuss all reimbursable mandated activities. Develop a schedule and plan for mining the necessary data to ensure claims are completed well before the claiming deadlines. Gather all required direct cost data. DEPARTMENTAL INDIRECT COST DATA COLLECTION Gather salary and benefit data from the City or the individual departments for all required fiscal years. Collect certain pages from the City's 2 CFR cost allocation plan, if the City utilizes one. Gather information required to prepare 2 CFR Part 200 compliant ICRPs. This will be carried out in concertwith other department interviews. It is important thatthis step occur each year because departments reorganize, assignments shift, new personnel are hired, or personnel retire. SUPPORTING DOCUMENTATION COLLECTION MGT will work with City departments to determine the documentation that must be submitted to the state as attachments to claims, and what documentation should be maintained in the City's files in case of the SCO inquiry or field audit. MGT will then collect only the documentation the SCO requires to be submitted. CLAIM PREPARATION Once data has been received from the City, MGT will prepare all eligible claims on behalf of the City using required SCO claim forms. DIRECT COSTS Prepare all claims that apply to single departments. Once again, our experience will ensure no cost components are misinterpreted or omitted. Coordinate and prepare all multi -departmental claims. Simply gathering data for mandates that span different departments is not enough. The data must be cross-referenced and analyzed to 2251 HARVARD STREET, SUITE 134 1 SACRAMENTO, CA 95815 PAGE 5 CITY OF >ANTA ANA .❖. MGT PROPOSALS FOR 513 90 STATE MANDATED CLAIMING SERVICES CONSULTING ensure each department is capturing cost data for the same cases and are not misclassifying certain cases, a very common occurrence. INDIRECT COSTS Prepare ICRPS, and all support documents for all claiming departments. Obtain approval from each subject department for all ICRPs to be used in conjunction with current SB 90 claims, as well as the SB 90 Coordinator. The ICRPs provide an approved method for claiming departmental indirect costs. At this step, it is vital to ensure no staff time being claimed as a direct cost in the claim, is included in the ICRP. FILING PROCEDURES MGT will provide the City's SB 90 Coordinator with a clear, understandable process for receiving the completed claims/ICRPs and obtaining the necessary signatures. MGT will perform one final quality control check to ensure the City has signed two original coversheets, all parts of the claim are included, and required documentation is attached. MGT will hand deliver all signed claims received from the City to the SCO on or before the stated deadline. We will also provide the SCO a claims receipt for their staff to sign and return. MGT submits hard copies of all claims to the SCO. ONGOING SUPPORT & STATUS UPDATES The claiming process is obviously the key aspect of this engagement, but the ongoing support services that MGT offers are important complimentary services to continuously upgrading the City's knowledge base, relations, and communications with the state and contract agencies, and anticipation of changes to the claiming process. COMMUNICATING WITH STATE OFFICIALS STATE LIAISON ASSISTANCE MGT will monitor State Controller requests or issues that could affect the City's SB 90 claims. MGT will also provide liaison assistance with the SCO at the desk review level for all MGT claims filed. The SCO may call requesting additional information, or duplicate documentation that may have been misplaced in their offices. Our firm will field these calls and fulfill all appropriate requests without the need for City involvement if possible. In addition, our staff has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. MGT will offer assistance and response on any current orfuture field audits that may result from MGT claims filed in the past. AUDIT ASSISTANCE & PROTECTION Nobody wants to see the SCO auditing their claims, but higher levels of scrutiny are a fact of life. Our team has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. Ms. Hancock has assisted dozens of California cities and counties to file audit 2251 HARVARD STREET, SUITE 134 1 SACRAMENTO, CA 95815 PAGE 6 CITY OF SANTA ANA *V* MGT PROPOSALS FOR SB 90 STATE MANDATED CLAIMING SERVICES CONSULTING responses when there is a disagreement with the SCO audit findings. The City of Santa Ana will have our seasoned experts working on the City's behalf on this project. PROPOSED FEE MGT will complete and file all eligible annual claims that are due to the State on a timely basis on February 15th of each fiscal year, as well as any new, first-time claims having claiming instructions issued during the fiscal year for the following fees: COVEREDCLAIMS • • FY 2020-2021 Annual Claims & New Claims Released During Fixed Fee of $11,400 Payable upon receipt of FY 2021-2022 quarterly invoices FY 2021-2022 Annual Claims & Payable upon receipt of New Claims Released During Fixed Fee of $11,750 quarterly invoices FY 2022-2023 FY 2022-2023 Annual Claims & Payable upon receipt of New Claims Released During Fixed Fee of $12,100 quarterly invoices FY 2023-2024 The price quoted for services is all inclusive. There are no caps on number of claims, audit support, or meetings —our level of customer service to the City is unlimited. MGT will not bill you for travel time or expenses, additional time for on -site meetings, or additional claims. MGT wants to be City's partner in this process for the next three years and beyond. Our professional commitment of resources and variety of services offered under our fixed -fee proposal is unmatched. 2251 HARVARD STREET, SUITE 134 1 SACRAMENTO, CA 95815 PAGE 7 Tori Pierson Dateazlo2in.6bRs6:aleoebP MGTOFAM-07 CRYSTAL onrE 1 s124/2021 za/zozl ,a►coRO CERTIFICATE OF LIABILITY INSURANCE 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 Earl Bacon Agency, Inc. Post Office Box 12039 CQf9TAOT P PHONE FA% uc, Nn, EA); (850) 878-2127 M. Ne :(850) 878-2128 Tallahassee, FL 32317 INSURERS AFFORDING COVERAGE NAIC # INSURER A: American Casualty Company of Reading, PA 20427 INSURED INSURER a: Continental Casualty Comp nv 20443 INSURER c:Transportation Insurance Company 20494 MGT of America, LLC MGT of America Consulting, LLC 4320 West Kennedy Blvd. INSURER u:Houston Casualty Company INSURERS: Tampa, FL 33609-2118 INSURER F : COVERAGES CERTIFICATE NUMBER' REVISION NIIMRFR- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUSR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIALGENERAL LIABILITY CLAIMS -MADE [X] OCCUR X X 5095130327 71112021 711/2022 EACH OCCURRENCE 1,000,00O 'PRE' MGET ISSERENTI 300,000 MED EXP An one erson 15,000 PERSONAL&ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY 0 JEQ F-1 LOC GENERALAGGREGATE 2,000,000 GEN'L PRODUCTS - COMPIOP AGO 2,000,000 OTHER: A AUTOMOBILE LIABILITY EOMBINEd.DSINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $ ANY AUTO X X 2093563501 7/112021 711/2022 BODILY INJURY Per acddent OWNED SCHEDULED AUTOS ONLY AUTOpSWN X Paraccidant SAGE AUTOS ONLY X Al01TNOS ONLY B X UMSRELLAUAB X OCCUR EACHOCCURRENCE 5,000,000 EXCESS LIAB CLAIMS -MADE 2093563496 7/1/2021 7/112022 AGGREGATE 5,000,000 DIED X RETENTION$ 10,000 Cris Mgmt Expen 300,000 C WORMERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERIEXECUTIVE YIN pFFICERIMEMBEqq E%CLUDEDT 'Mandatary in Nil) If yas, describe under DESCRIPTION OF OPERATIONS below NIA X 3011086788 7/1/2021 7/112022 PER OTH- XSTATUTE I E E.L. EACH ACCIDENT 1,000,000 E.L DISEASE - EA EMPLOYE 1,000,000 E.L. DISEASE - POLICY LIMB 1,000,000 D Cyber Liability H21NGP208777-00 711/2021 Ill/2022 OCC&AUG 5,000,000 B Professional and 652348448 7/112021 711/2022 E & O Liability 6,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES ACORD 101, AddlHonal Remarks Schedule, may be aaachad If more space Is required) Blanket Additional Insured per attached forms lanket Waiver of Subrogation attached farms Notice of Cancellation to Certificate Holders per per attached forms Stop Gap Liability Coverage for Ohio and Washington 500,000/500,0001500,000 THE CITY OF SANTA ANA, IT'S OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVE ARE NAMED AS ADDITIONAL INSURED IN REGARDS TO GENERAL LIABILITY PER ATTACHED CNA74879XX & CNA75079XX BLANKET ADDITIONAL INSURED FORMS. SEE ATTACHED ACORD 101 City of Santa Ana Risk Management 20 Civic Center Plaza (M-30) ACOKU 25 (2016103) ©1988-2015 A' The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MGTOFAM-01 CRYSTAL AFRO LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Earl Bacon Agency, Inc. NAMEDINSURED MGT of America, LLCMGT of America Consulting, LLC 4320 West Kennedy Blvd. Tampa, FL 33609.2118 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations[Vehicles: A-2018-112 A-2017-251 Rld Muug f Dirvia� ARPAe a Armo,� :Br tlS:.l Ic %au /7ic:.arz 6n4r.�r.Sl ACUKU IUI)LUUo/Ul) 02UU8 ACORD CUR " anx M.,nasenn,cG�.,�laar The ACORD name and logo are registered marks of ACORD CNA CNAPARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization wham you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. Il. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: R A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. s IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy ^I cnecz In»o Page 1 of 2 AMERICAN CASUALTY CO OF READING, PA Renea,ID 6 APrgov®ar. Insured Name: MGT OF AMERI CA CONSULTING, LLC. a' Copyright CNF All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its per �- RiA, MUna9ennn OAialhde CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this Insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policyhln• anas»n,tw Page 2 of 2 AMERICAN CASUALTY CO OF READING,PA ^'R5.k Mvug IDiwton rRu�WID6APVRwrn Sr: Insured Name: MGT OF AMERICA CONSULTING, LLC. e �t Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance SeNces Office. Inc., with its pet ' I. Ir+ %si {P"fo., RekManye„mr�mral Pitle CHA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM CONTRACT OR AGREEMENT TO WAIVE CONTRACT OR AGREEMENT: THE NAMED INSURED HAS AGREED IN WRITING IN A SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Policy .......... Page 1 of 1 �n..ge�tawtla AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING, LLC. : Rneym6Avveoem ac ��� I, _ 7ou {�icxaas Copyright CNq All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its pe. CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of.. A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and B. all medical expenses under Coverage C; that adse from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. It. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the products. completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will x reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If a single Construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, s specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. AII other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75061XX (1-15) Policy "I Page 1 of ^^c 'wito� AMERICAN CASUALTY CO OF READING, PA IRVIEWm6APYewmsr Insured Name: MGT OF AMERICA CONSULTING, LLC. .� �r 7ou �uwa.: Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance Services Office, Inc., with Its per nd, M1L rag<mm,Clmralhtle if CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement It is understood and agreed as follows: A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. 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 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. B. 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: 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. CG 20 37 (04-13) Policy ' .,^1 Page 2of2 ANERICAN CASUALTY CO OF READING, PA ��r.�.g� l�,� `�,. I2inE0Du PPVRwmBr. Insured Name: MGT OF AMERICA CONSULTING, LLC. ( ' 7f�iuware Copyright Insurance Services Office, Inc., 2012 R. 9e m 0m� Ade CHA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 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 than 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 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. C. 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: 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. CG 20 10 (04-13) Page 2 of 2 AMERICAN CASUALTY Insured Name: MGT OF CO OF READING,PA AMERICA CONSULTING, LLC. Copyright Insurance Services Office, Inc., 2012 nincn oci�mav Rmk M..gm [Diuirion '" Rzk NUnagenmtOn,gl Aide m R Business Auto Policy CNAPolicy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: CEWEDULE Na'- a of Add1 'on alIns ured,:Peison Or Or ahizatlorf n ` per issued certificate 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the'.accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10.20121 Pi rudrw.ge�lamm Endorsement No: 14; Page: 1 of 1 jA LJ 7ou �inao,r Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, �a�ama,wo.amUiae� j Chicago, IL 60606 00 0 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 30 Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: issued certificate CNA74702XX 01-15 Page 1 of 2 AMERICAN CASUALTY CO OF READING,PA Insured Name: MGT OF AMERICA CONSULTING LLC. POi Risk M..g.1 Diwian I�+Aervm 6 APntw W. Endorsem `, 7cK rim Ruk 0-1A dtl Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX 01-15 Page 2 of 2 AMERICAN CASUALTY Insured Name: MGT OF CO OF READING,PA AMERICA CONSULTING LLC. Pt wdew.�tD D. 1� & APPR BY Endorsert 7tl as Ruk M1l naee�im� Cla�iulNtle Capydght GNA AD Rights Reserved. Workers Compensation And Employers Liability Insurance Policyholder Notice L It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021 A (02-2013) Policyholder Notice; Page: 1 of 1 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Pc �._ Reneumanrrea„Fn s.: o., RMW Ruk Nxru9ertnr[ ClZ-1 Ade 0 Copyright CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance C. A Policy Endorsement I 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule N 2_ Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. m 0 $ All other terms and conditions of the policy remain unchanged. N Np m s IThis endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, 0 i takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy "g unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement No: 23; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Poll Rik* ge Db — Rwn 6 Apr Br. Iil ' flN, Maru9e„m,Uaic,IPiAe 1983 National Council on Compensation POLICY NUMBER - - -- INSURED NAME AND ADDRESS P 2093563501 MGT OF AMERICA CONSULTING, LLC. 4320 WEST KENNEDY BLVD. TAMPA, FL 33609-2116 COMMERCIAL AUTOMOBILE LOSS PAYEE SCHEDULE 'Any Lose Payee that has a financial interest in a covered °auto• for which we are providing physical damage coverage for that covered °auto° under this policy." RAn iawm 1 Rwn 6 AFPR By: Riil�Nl,iu9eim,[C�[nul N,le INSURED r 0 0 0 POLICY NUMBER TNRriggn NAMR Amn AnnRRVY P 2093563501 MGT OF AMERICA CONSULTING, LLC. 4320 WEST KENNEDY BLVD. TAMPA, FL 33609-2118 ADDITIONAL INSURED - LESSOR SCHEDULE -Any Lessor of a covered °auto° for which we are providing any coverage for that covered °auto° under this policy.° Rid Mgr lD'. Ren 6 Mva B, ' %xl INSURED CNA CNA72315XX (Ed. 02113) NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: Io Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: PER ISSUED CERTIFICATE Attention: Street Address: City, State, ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. CNA72315XX (02113) Page 1 of 1 Insured Name: MGT OF AMERICA CONSULTING, LLC. Copyright CNA All Rights Reserved. d� Ii IEnei,E76Av�B+: ,�U Workers Compensation And Employers Liability Insurance It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013) Polic Policyholder Notice: Page: 1 of 1 Fr.kM r ge.io,t um� Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 `` f✓� & nrrsovm ar: %u P",o,r Copyright CNA All Rights Reserved. rsex�wrayrnmmmuiaa. Workers Compensation And Employers Liability Insurance ��-1.1,5_ .✓.{I,�y,e, �l 3f.1. i;l� l ,a.l,iiy 4�a IM iit i.. This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Poli,y No: WC 3 11086788 Ruk Mvsgewil rRWaaa `t RE�nern�m6APPNwFn6r. �� /OH P[CQJMI RokMaruaenm, CIPI-Mde