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MDG ASSOCIATES, INC. (2)
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES -1111 wat CITY CLERK DATE: Cbp,LO)� 25 2024 A-2024-095 FIJrEs AGREEMENT FOR 2025-2029 REGIONAL ASSESSMENT OF FAIR HOUSING PLAN BETWEEN MDG ASSOCIATES, INC. AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this Ist day of August 2024 by and between MDG Associates, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("city'). RECITALS — A. On March 11, 2024, the City issued Request for Proposal No. 24-036A ("RFP"), by which it sought qualified consultants to provide special skill and knowledge in the field of conducting a thorough examination of the Regional Assessment of Fair Housing Plan in accordance with current U.S. Department of Housing and Urban Development (HUD) guidelines, for the years 2025 to 2029. The RFP shall be incorporated by reference as though attached hereto in full. B. Consultant submitted a timely and responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City as described in the scope of work that was included in the RFP. 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 Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall comply with all federal requirements detailed in the City's RFP also attached hereto as Federal Requirements - Exhibit B. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $159,882. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 15 #406137v1 invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on July 30, 2025, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Page 2 of 15 #406137v1 the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, MINIMUM SCOPE OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, "property damage,'bodily injuy and personal & advertising injury with limits inc-less-than $1,000,000 per occurrence and $2,000,000 aggregate. 2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1) with combined single limits of $1,000,000. 3. 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, per employee, per policy for bodily injury or disease, If the Consultant 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 higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or nonrenewal #4061.37v1 Page 3 of 15 due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. 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 ANII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City 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 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date trust 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 three (3) years offer completion of the contract of worli. 3. If coverage is canceled or non -renewed, and not replaced with another claims-malepolicy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub -contractors. Special Rislis or Circumstances City reserves the tight to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 4 of 15 #406137v1 7. 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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relueF indite y reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY 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 (lie work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement, Page 5 of 15 #406137vl 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that 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 Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 15 #406137vt 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies, 17. 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. 18. 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 Page 7 of 15 4406137v1 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. 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 To City: City Clerk 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: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-6956 To Consultant: Rudy Mufioz President MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 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 shalt 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. Page 8 of 15 #406137vl A-2024-095 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is.withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: SONIA R. CARVALHO City Attorney By,444( �Gt�4u Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency CITY OF ANTA AN OLv Alvaro Nufiez Acting City Manager Page 9 of 15 9406137vl EXI3IBIT A SCOPE OF SERVICES (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. A. Assessment of Fair Housing 1. Provide a concise overview of_the current HUD requirements and guidelines to ensure full compliance with relevant regulations. 2. Conduct a thorough examination of the Regional Assessment of Fair Housing Plan for 2025 - 2029 as well as any Analysis of Impediments to Fair Housing Choice prepared for jurisdictions within Orange County in the last five years. I. Perform a comprehensive review of actions taken by participating jurisdictions to address identified impediments. 3. Collaborate with each fair housing service organization operating within Orange County to gain a deep understanding of current fair housing issues. 4. Collect relevant data and information to prepare the Regional AFH in accordance with current HUD regulations and the Fair Housing Planning Guide. 5. Engage with each participating jurisdiction, housing authority within Orange County, and relevant regional agencies or task forces to gather and analyze pertinent information for the Regional AFH, ensuring alignment with current HUD regulations and the Fair Housing Planning Guide. 6. Conduct community engagement activities to hear directly about fair housing issues affecting residents of Orange County, reaching out to: I. Tenants, ii. Landlords, iii. Homeowners, iv. Fair housing organizations, v. Civil rights and advocacy organizations, vi. Legal services providers, vii. Social services providers, viii. Housing developers, and ix. Industry groups 7. Facilitate outreach to fair housing stakeholders and the general public, providing opportunities for involvement in the Regional AFH development process. ,1 CITY OF SANTA ANA i. Implement a consultation and input process inclusive of: a) Diverse groups, b) Fair housing organizations, c) Community -based organizations, d) Housing providers, e) Realtors, f) Lenders, g) Planning officials, and h) Other relevant stakeholders 8. Utilize contact lists maintained by participating jurisdictions for outreach. 9. Organize community forums/meetings as necessary to complete the Regional AFH, with a minimum of four proposed forums/public meetings held in various geographical areas within the county, with at least two of the meetings offering a hybrid option for Virtual participation. Responsibilities include: i. Participant invitations, ii. Agenda preparation, iii. Provision of handouts and presentation materials, and iv. Ensuring availability of interpretation services. v. Maintain transcripts and minutes of forums/meetings, including citizen comments/input. Conduct at least: vi. Two evening community meetings of the four meetings total. vii. A focus group with a wide array of nonprofit organizations and government officials. viii. Additional outreach for members of protected classes, including but not limited to the Latino, Vietnamese, Korean and Persian communities. All community meetings will have translation services available if requested in: ix. Spanish, x. Vietnamese, CITY OF SANTA ANA A. Korean, Al. Mandarin and xiii. Arabic In addition, all meetings will be held in locations accessible to people with mobility issues. 10. Ensure all materials, outreach efforts, and meetings are accessible in languages relevant to the county, including but not limited to: I. Spanish, ii. Vietnamese, iii. Korean, iv. Mandarin, and v. Arabic 11. Include and, if necessary, develop tabular data or maps in accordance with current HUD regulations, Fair Housing Planning Guide and State Law, Title 7, indicating concentrations Of.. i. Minority residents, ii. Residents living in poverty, iii. Availability of public transportation, iv. Lending rates (HMDA data), v. Section 8 rental assistance, vi. Public housing, vii. Group homes, and viii. Other information 12. Information and analysis of the effects of: i. Building, occupancy and health, and safety codes on housing and the use of accessibility standards and reasonable accommodation in local construction. ii. Applicable zoning and land use laws and policies that may place restrictions on housing or housing choice and the application of reasonable accommodation with respect to disabled populations. iii. Policies and practices concerning the application of local neighborhood or site standards on new construction, especially for assisted housing development. (a CITY OF SANTA ANA iv. Policies and practices that connect transportation and available social services with housing opportunities. v. Policies and practices that may affect the equal provision of governmental services. vi. Policies concerning activities that may cause displacement, which may affect opportunities to select housing inside and outside areas of minority concentration, or housing that is accessible. vii. Policies and practices that may affect the representation of minorities and persons with a disability on planning and/or zoning boards and commissions. viii. Policies and practices of public housing authorities and other housing assistance providers with respect to tenant selection and assignment, reasonable accommodation, delivery of services, maintenance and accessibility. ix. Policies and practices regarding the sale and rental of real estate, such as steering or "blockbusting," "all adult" issues, deed restrictions, inaccessible design, local occupancy standards and practices, local lending practices, real estate appraisal practices, insurance underwriting practices, and segregated housing conditions. 13. Address any additional components necessary for the Regional AFH to align with current HUD regulations or the Fair Housing Planning Guide that are not explicitly mentioned in this RFP. B. 5-Year Fair Housing Action Plan The following tasks shall be included: 1. Preparation of strategies and action steps to address and eliminate identified impediments to fair housing choice both for individual jurisdictions and on a regional level. 2. Prepare a Joint Equity Plan following robust community engagement that contains an analysis of fair housing issues confronting the region and Public Housing Authorities (PHAs), goals, and strategies to remedy those issues in concrete ways, and a description of community engagement. i. The Equity Plan is the fair housing plan that will be prepared to commit cities and PHAs to goals that advance equity in housing, community development programs, and residents' access to well-resourced areas, opportunity, and community assets. ii. The Equity Plan should be developed with the input of the community and consist of an analysis of fair housing data and issues, a prioritization of the issues that would be addressed, and the establishment of and commitment to undertake fair housing goals. Those goals would then be incorporated into subsequent planning documents, such as the Consolidated Plan, Annual Action Plan, and PHA Plan. iii. The Equity Plan should shall include but not be limited to topics in the following areas: a) Demographics; CITY OF SANTA ANA b) Segregation and integration; c) Racially or ethnically concentrated areas of poverty (R/ECAPs); d) Access to community assets; e) Access to affordable housing opportunities; f) Access to homeownership and economic opportunity; g) Policies and practices impacting fair housing; h) Other topics as maybe required by updated HUD requirements or guidance. iv. Information from the participating cities' Housing Elements approved by the State of California Department of Housing and Community Development will be used and incorporated as much as possible into the Equity Plan. 3. First year annual progress evaluation that describes progress toward each goal in the Equity Plan. 4. Strategies and actions shall be identified separately for each participating jurisdiction and include appropriate prioritization after consultation with each jurisdiction. Suggested prioritization might be: i. High Priority - complete recommended action within 1 year; ii. Medium -High Priority — complete recommended action within 2 years; iii. Medium Priority - complete recommended action within 3 years; iv. Medium -Low Priority — complete recommended action within 4 years; v. Low Priority — complete action within 5 years; vi. Ongoing Priority — monitor activity on a periodic or ongoing basis. 5. Table listing action to be taken annually to address identified impediments. [These deliverables are based upon HUD's New Proposed "Affirmatively Furthering Fair Housing" Rule published on February 9, 2023. If the Final Rule includes additional requirements or substantial changes, Consultant shall meet those additional requirements and changes from HUD. If the Final Rule is not adopted, the Consultant shall meet HUD's current requirements.] C. Submission of the 5-Year Fair Housing Action Plan 1. Provide periodic progress updates to the regional group as requested (minimum monthly meeting). 2. Provide a draft of the Regional AFH report and 5-year plan in progress for review and comment by the participating jurisdictions, prior to submission of the final document. 0 CITY OF SANTA ANA The draft Regional AFH and 5-year Fair Housing Action Plan document will be made available by each participating jurisdiction for a 30-day public review period prior to presentation of the draft document to each participating jurisdiction's City Council. One bound copy of the completed draft Regional AFH and 5-year Fair Housing Action Plan document along with an electronic version shall be provided by the Consultant to each participating jurisdiction. 3. At the completion of the project, the Consultant shall provide each participating jurisdiction one bound copy of the final Regional AFH and 5-year Fair Housing Action Plan document and -an electronic version -in-a- fully -searchable and bookmarked PDF file(not -exceeding 5MB) that includes all tables, figures, and maps. 4. Complete all work within 240 days of contract execution, no later than April 1, 2025. D. Payment for Services 1. Each participating jurisdiction will pay a pro -rated share of the total costs directly to the lead agency administering the contract pursuant to Attachment A no later than June 30,2025. The pro -rated share will be based upon the 2024 census population or 2024 population estimates of the participating jurisdictions. The lead agency will make payments directly to the Consultant upon successful completion of the scope of work. E. Copies of Existing Plans 1. Copies of each City's current planning documents, including their 5-year Consolidated Plans, Action Plans, Housing Elements, Zoning Codes, and the previous Regional Analysis of Impediments to Fair Housing are available for review upon request. Most, if not all of these documents for each participating jurisdiction are currently available at each City's website. F. HUD Funding 1. The proposed activity will be partially or completely funded with HUD funds in accordance with federal laws and regulations which require that all contracts with consultants for activities utilizing HUD funds adhere to all applicable requirements, including but not limited to a drug -free workplace, non-discrimination, equal employment opportunity, training and business opportunity and non -segregated facilities. The selected Consultant shall certify that they meet all applicable federal requirements. G. HUD Audit or Review In the event of a HUD audit or review of the completed Regional AFH and 5-year Fair Housing Action Plan document, the successful Consultant shall interface with HUD to justify the accuracy of the finished document, describe the techniques of data collection and ensure that the Regional AFH document complies with all HUD requirements, regardless of when audit or review is completed. If HUD requires changes to the completed Regional AFH and 5-year action plan document to meet federal requirements, the successful consultant shall make the changes to the Regional AFH and 5-year Fair Housing Action Plan document by consulting with participating jurisdictions. EXHIBU 13 FEDERAL REGULATIONS a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689 and 2 __ CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized repmsentative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received giant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal finds roust comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non Discrimination and Ecigal Opportunity -Recipient will comply, and all its contractors - - or su recipients) wi I comply,with-Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10,295.3, as, applicable. 1. Coneland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor— Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.t2. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with at] requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-314g) as supplemented by Department of Labor reguiations (29 CFR Part 5),_as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant ftmds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any or as critical technology as part of any system. As described in Public Law l 15-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3)'relecommunications or video surveillance services provided by such entities or using such equipment. (4)'relecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200,322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by roles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoiced as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise .._provided bylaw. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. EXHIBIT C COMPENSATION Pee Proposal including hourly rates if applicable COST PROPOSAL Based on the proposed scope of work in the RFP, MDG and Cloudburst propose to complete the 2025-2029 Assessment of Fair Housing and the 5-Year Fair Housing Plan for a lump sum price of $159,882. The tasks will be completed and invoiced as noted in Section 2B — Milestone / Payment Schedule of this proposal. The total lump sum price is inclusive of all items noted in Section 1.D — Proposed Work Plan of this proposal. Table 2.A1 below provides the proposed cost by the specific activity categories and the overall cost as required in the RFP. As additionally required in the RFP, Table 2.A2 breaks out the estimated hours by task and by assigned Individual team members. And, finally, Table 2.A3 provided the hour rate schedule for staff that are proposed for the project. Table 2.Al: Cost Proposal 1. Project Management and Coordination $14,752.00 2. Data Collection $20,050.00 3. Data Assessment $16,860.00 4. Regulatory Review $16,160.00 5. Outreach and Input Process $26,628.00 6. Community Forums/Public Meetings $24,008.00 7. Draft AFH and 5-Year Fair Housing Plan $35,242.00 8. Final AFH and 5-Year Fair Housing Plana TOTAL• $6,182.00 00 Team Member Item 1 Rudy Munoz e Table 2.A2 Item 2 0 Estimated Hours Item 3 Item 4 0 0 by Budget Item Item 5 Item 6 8 8 Item 7 0 Item 8 2 Total Hours 26 Clint Whited 0 0 0 10 0 40 12 4 66 —Chris Andrews-- - 24 — 10 20 ---TO- - 20 10 10 -4 - - —108-- Paul DeManche 24 0 40 30 40 80 100 18 332 Emily Vander -Does 0 40 0 0 0 0 0 0 40 David Munoz 0 20 0 0 80 60 0 0 160 Whitney Finnstrom 24 0 20 40 0 0 30 0 114 Jay Dworin 24 40 40 20 60 0 100 18 302 Support Staff 0 60 0 0 0 r: 0 0 0 60 TableSchedule STAFF HOURLYRATE Rudy Munoz, President $131.00 / Hr. Clint Whited, Senior Vice President $131.00 / Hr. . Chris Andrews, VP — Grants Management $125.00 / Hr. Paul DeManche, Director $120.00 / Hr. Emily Vander Does, Manager $114.50 / Hr. David Munoz, Manager $114.50 / Hr. Jay Dworin, Fair Housing SME $174.00 / Hr. Whiteny Finnstrom, Housing & CD Analyst $152.00 / Hr. Support Staff $97.50 / Hr. 27 PAYMENT SCHEDULE MDG shall bill the City of Santa Ana monthly based on the following milestone payment schedule: Table 2.131: Milestone Payment Schedule -i Milestone 1: Completion of Data Collection Phase $20,050.00 Milestone 2: Completion of Data Assessment & Regulatory Review $33,020.00 Milestone 3: Completion of Outreach and Input Process $26,628.00 Milestone 4: Completion of Community Forums/Public Meetings $24,008.00 Milestone 5: Submittal of Draft AFH & 5-Year Fair Housing Plan $35,242.00 Milestone 6: Submittal of Final AFH & 5-Year Fair Housing Plan Assessment of Fair Housing Cost: $20,934.00 00 28 IMIJUA550-09 C NC S DAM EIMMIDDIYYYY) 614 02024 A tom' CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ODES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyieo-) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVQD, a act to the termI17� and conditions of the p0cy, cilifthil poliaie may {Lille an endorsement. A Element on this certificate does not cofiV rights to the ceniflcat>Tholder in lieu of such on(, wse en PRODUCER lj)�q C T t_iCl- Ke11ey, Jiggins & Associat 455 NN El Molino Ave. /A n ieE-MAIL Pasadena, CA 91101 9 jplc No,' a : 26) 396- 035 , uAixc 1045 --;;,. •._,.,.. in - SURER S AFFO G COVERAGE NAIC N rlC-llnls r I393 N'7j ERA Y -Am C �0 INSURED -MDG An w / `` ,/ ` D. _ IRERRER B%d'IerlCalr1 P.$(ea$Nalt (i _ 082 D62 2406610722 IN Arrow 22Rancho Cuc 0 C V C INS E. z-_AI INSURER F : COVERAGES CERTIFICATE NUMBER' 6 4W aFvrclnh! wUMBER: 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 NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF ADDLSUBR N O POLICY NUMBER POLICY EFF MMODITINY POLICY EXP DD W LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X BKW57179298 7/1/2024 711/2025 EACH OCCURRENCE 1,000,DOO DAMAGE TO RENTED Y00000 MED EXP (Anyone erson 15,000 PERSONAL a DV INJURY 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER', qq POLICY ❑ jE� LOC GENERAL AGGREGATE 2,DOO,g00 PRODUCTS-COMPIOPAGG 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBIINdEED SINGLE LIMIT $ 1,000,000 X ANYAUTO OWNED SCHEDULED AUTOS ONLY X X BAS57179298 7/112024 7/1/2026 BODILY INJURY Per erson BODILYV Per accident $ XAUTOSS MRS ON LV 00pw rOOcAMAGElX C X UMBRELLA LIAS EXCESS LIA6 X OCCUR CLAIMS -MADE ESA57179298 71112024 7/1/2025 EACH OCCURRENCE S 4,000,000 AGGREGATE 4,000,000 DEO RETENTION$ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN AAQNNpFIRREMERCPROPRIETOR/PARTNER/EXECUTIVE ❑ (mandatory In NH) Ityyes describe under DESCRIPTION OF OPERATIONS below NIA PER NTH E. L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached If more space Is raqulredl Certificate Holders are named as Additional Insured on General Liability per blanket form CG8810 0413 and on Auto Liability per form AC8543 061 B. Complete Additional Insured: The City of Santa Ana, Its officers, employees, agents and Volunteers, but only as respects the Insured's operations as It relates to their signed contract in regards to the CDBG Administration Consulting Services per form CG8810 0413; Primary Insurance and Transfer of rights or recovery against others is included in the form. '30day Notice of Cancellation except 10 days for non-payment payment or premium. City of Santa Ana Risk Management Department 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DEI THE EXPIRATION DATE THE[ ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENTATIVE RE ACORD 25 (2016103) ©1988-2016 ACORD The ACORD name and logo are registered marks of ACORD AC<>J? d® CERTIFICATE OF LIABILITY INSURANCE DATE(MM 24�YI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER The Buckner Company of Colorado 6400 S. FIDDLERS GREEN CIRCLE, SUITE 950INC.No Greenwood Village CO 80111 CONNAME CT Kase Heu el PHONE 13037563418 FAX aooaless: denve[@buckner.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Certain Undemiriters, at Lloyds 15792 License#: 480397 INSURED MDGASSO-02 INSURER B : MDG Associates, Inc. -10722�Arrow RouI-Suite-822 � ....__._ _... ....... ____ NSURERC:_.<_>_. -._. ._..� ...... _._....._.__. INSURER D: Rancho Cucamonga CA 91730 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1553113481 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD POLICY NUMBER POLICY EFF MM/DDIYYYY POUCYEXP WMIDD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACHOCCURRENCE $ ET RENTED PREMISES Ea occunance $ MED EXP (Any one person) Is PERSONAL BADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECT PRO- ❑ LOC GENERALAGGREGATE $ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE -LIMIT Ea aWd.rfl $ BODILY INJURY (Per person) $ ANY AUTO OWNED ASCHEDULED AUTOS ONLY UTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per Wdent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DE RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER E.L. EACH ACCIDENT $ ANVPROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBEREXCLUDED9 NIA E.L. DISEASE - EA EMPLOYEE If (Mandatory In NH) If DESCRIPTION OF OPERATIONS be. E.L. DISEASE -POLICY LIMIT $ A Professional Llabllity, TMP00025702 7/1/2024 7/1/2025 Aggregate 2,000,000 Per Claim $2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD U1, Additional Remarks Schedule, maybe attached if more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PRC Attn: Risk Management Division 20 Civic Center Plaza wakMenagmu'ntDMste 4th Floor AUTHORIZED REPRESENTATIVE �'� REVIEWEDAAPPRovEDTh Santa Ana CA 92702, r �J- $ r� A,�Aill4auaA { Is M Risk M11RagemQHt $Ped4b ©1988.2015 ACORD- ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ..--- —I MDUAbbLi ITOLOSA DATELMMIDOIYYYV) 7jsjzoza A� DB 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(les) 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 C NTACT Jessica Chavez Acrisure Southwest Partners Insurance Services, LLC 4000 Westerly Place Suite 110 PHONE FAX ArC, No, Ext): Me, No): MFL.��,jechavez@acrisure.com Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC It INSURER A: State Compensation Insurance Fund of California 35076 INSURED INSURER B : INSURER C: MDG Associates, Inc. 10722 Arrow Route Ste 822 Rancho Cucamonga, CA 91730 INSURER D: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER' RFVICIQM NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR UTH TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP DD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r7 OCCUR EACH OCCURRENCE $ DAMAGE TO RENTEDPREMISES $ G EN'L MED EXP (my one arson $ PERSONAL B ADV INJURY $ AGGREGATE LI MIT APPLIES PER: POLICY jE T a LOD OTHER, GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGO $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS TONLY AOOBONLY COeBINED SINGLE LIMIT ecdI $ BODILY INJU RV Par arson $ BODILY INJURY Par accident $ PeaaAdntAMAGEAUOS r e $ UMBRELLA LIAB EXCESS LIAR J OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATIONX ANY PROPRIETORIPARTNERIEXECUTIVE AND EMPLOYERV LIABILITY YIN EXCLUOEDP (A andatory In NHl FA If DEa, descirbe under SCRIPTION OF OPERATIONS below NIA %( 1960756.24 7/1@924 7/1/2025 STRU OTH- E.L, EACH ACCIDENT $ 1,669,999 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,900 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES tACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Proof of Insurance - Waiver of subrogation applies. City of Santa Ana Risk Management Division 20 Civic Center Plaza, MIT Floor Santa Ana, CA 92702 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RI, CANCELLED BEFORE THE EXPIRATION DATE THEREO ACCORDANCE WITH THE POLICY PR( AUTHORIZED REPRESENTATIVE ynt. ' RLekMwta�+emrnfDfvls[md RE IEv(ED6j9PPRnOV®BY: Mang@��pecdetial�irl- ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ml7G ASSOCISteS, Inc. Policy Period 7-1-24 tO 7-1-26 Pot#; BKW57179298 COMMERCIAL GENERAL LIABILITY CO 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, COMMERCIAL. GENERAL LIABILITY EXTENSION This endorsement modules Insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenenfe Property Demape) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGE$ A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS •EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO 'IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 F KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 s LIBERALIZATION CLAUSE 7 a BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0 2013LibertyMutual lnaurance CG 88 1e 0413 Includss copyrighted material. of Insurance Services Attica, Inc., with. Its permtaai Rlek Managrnumt Dhislwr al rf " REVIEWED&APPf(CNEDBY:- 1?ewaria $isKMargemankSpec}gnst _m--_— ---mom --=�-. With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Exclusion g. Aircraft, Auto Or Watercraft does not apply to an airaraft provided: 1. It is not owned by any insured; _ 2. it is hired, chartered or loaned with a trained paid crow; 3. The pilot in command holds a currently effective cartincate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or proporrty for a charge, ttaWEYer, kho Insurance afforded by this provision does not apply If ihoro is available to the Insured ocher ffi valid and collectible insurance, whether primary, excess (other than Insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. P. NON -OWNED WATERCRAFT Under Paragraph 2, Exclusions of Section i -Coverage A -Bodily Injury And Property Damage uablilty, s Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following; This exclusion does not apply to: (2) Awatercraft you do not own that Is: (a) Lass than 52 feat long; and (b) Not being used to carry persons or property for a charge. C; PROPERTY DAMAGE LIABILITY • ELEVATORS 1. Under Paragraph 2. Excusions of Section I . Coverage A - Bodily Injury And Property Damage Liet ll- ity, Subparagraphs (3), (4) and (6) of exclusion 1. Damage To Property do not apply If such °property damage' results from the use of alavatore. For the purpose of this provision, elevator$ do not include vehicle sifts. Vehicle lifts are lilts or hoists used In automobile service or repair operations. 2. The following is added to Section iV - Commercial General tlablgty, Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property Insurance, whether primary, excess, contingent or on any other basis, D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Timantla Property Damage) If Damage To Promilses Rented To You< from this Coverage 1. Under Paragraph 2. Exclusions of Section i - Coverage A - Bodily Injury and Property Damage Liatiitity; a. The fourth from the last paragraph of Exclusion 1. Damage To Property Is replaced by the faliow- a Ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other then damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Promises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a promises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage to contents of premises rented to you for a period of 7 at fewer consecutive days. A separate limit of insurance applies to this coverage as described in Insurance. tUekMa�q� ""tnw.s REVIEWED 6 APPROVED BY.- 2elaLlberty Waal Insurance i '' r4itk-rvfan gemrnt.3prcrxfzt CO 88 10 04 13 Includes copyrighted molerlal of Insurance Servioss Office, Inc., with Its permissic _ _ b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions o, through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to Damage To Premises Rented To You as described in Section III • Limits Of insurance, 2. Paragraph 6, under Section IIi - Limits Of Insurance is replaced by the following: 0. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damago" m: a. Any one premise: (1) While rented to you, or (2) While ranted to you or temporarily occupied by you with permission of tho owner for _ damage by 'firs, lightning, axptosion, smoke -of leakage from automatic protection Sys- tems; or le. Coolants that you rent or lease as part of a promises rental or lasso agreement. I As regards coverage provided by this provision % EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tonarol s Property Damage) -Paragraph Os. of Definition% Is replaced with the following: 9.a. A contract for a lasso of premises. However, that portion of the contract for a lease of premisos that indemnifies any person or organization for damage by tire, lightning, explosion, smoke, or leakage from automatic fire protection systems to promises while rented to you or temporarily occuplod by you with the permission of the owner: or for damage to contents of such promises that are included in your premises rental or lease agreement, Is not an n insurad contract". E, MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments providers by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I " Coverage C - Morlicat Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND D 1. Under Supplementary Payments • Coverages A and B, Paragraph Ch. is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. e 2. Paragraph I.& Is replaced by the following: ' d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or dahmse of the claim or "suit'", including actual toss of earnings up to $500 a day because of time off from work. p G, ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 - Who Is An Insured Is amended to include as an insured any person or organization whom you have agreed to add as an additional Insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused In whole or In part by: a, Your We or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional Insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "properly damage" occurs, or the "per sonal and advertising injury" is committed, subsequent to the signing of written agreement; or 0 20i3Liberty Mutual ireatrance CO 88 10 0413 Includes copyrighted material of insurance Services 0114a, Ina., with b, promises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This Insurance does not apply to "bodily injury°, "property damage", or "personal and ad- vertising Injury" arising out of the operations performed for the state or political subdivision; (2) This Insurance does not apply to "bodily injury" or "property damage" Included within the "completed operations hazard". (3) insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence; maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entance$, coat holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this Insurance. never: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2, it coverage provided to the additional insured is required by a contract or agreement, the Insur- ance afforded to such additional Insured will not be broader then that which you are required by IS the contract or agreement to provide for such additional insured. With respect to Paragraph i.e. above, a person's or organizations status as an additional insured under this endorsement ends when: (1) Alt work, Including materials, parts or equipment furnishedin connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured($) 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 poison or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the some project. With respect to paragraph 1.b, above, a person's or organizations status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends,. s With respects to paragraph 1.o, above, this insurance does not apply to any "oecurronce" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor; a The Insurance provided by this endorsement applies only If the written contract or written agreement is signed prior to the "bodily injury" or "property damage We have no duty to defend an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in paragraph b- of Condition 2, Duties in the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Uability Condi. tions. �,.,� Itr"kr,+�scneellxw"Im, REmEwm p1&APPRO�aG4 E�4 D By: rT PI4 0 2013 ebony Mutual inxuranee 'A Risk Mam)gementSpeoofist CG 88 10 04 13 includes copyrighted material of lnsuranaaliervicesOflce,Inc„with itspemrisslt -- -- _ 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily injury And Property Damage Liability: This insurance does not apply tc: a. "Bodily Injury" or "property damaga" arising from the sole negligence of the additional Insured. ts, "Bodily Injury" or °property damaga" that occurs prior to you commencing operations at the location where such "bodily Injury" or "property damage" occurs. c, "Bodily injury", "property damaga" or "personal and advertising Injury" arising out of the render- ing of, or the failure to render, any professional architecture], 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: or (2) Supervisory, Inspection, architecture[ or engineering activities: This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the "occur- renco" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury" involved the randering of; or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage' occurring after, (1) Ail work, Including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repall s) to be performed by or on behalf of the additional Insurad(s) at the location of the covered operations has boon 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 e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement I&%. sued by us and made a part of this policy; 3. With respect to the Insurance afforded to these additional Insureds, the following Is added to Section ill - Limits Of Insurance; If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement; of tr, Available under the applicable Limps of Insurance shown in the Declarations; y whichever Is less. a This endorsement shall not increase the applicable Limits of Insurance shown in the Decleratlo Be, H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies Be an additional Insured under any form s or endowment under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following Is added to Paragraph a. Primary insurance; If an additional Insured"s policy has an Other insurance provision making Its policy excess, and you have agreed In a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. 19 201aLlbertyMutu0 Insurance CO 00 10 04 13 Includes copyrighted materlal of Insurancs Services Offloo, Inc„with its permissir r RiakMm,age,nat7JirisI RWMED y&� APPROVED�� aukW nagement Specr b. The following is added to Paragraph is. Excess Insurance: 4Nhon a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance Is excess over any other Insurance for which the addi- tional insured is designated as a Named insured. Regardless of the written agreement between you and an additional Insured, this Insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. i, ADOMONAL INSUREDS • EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE," IM r. -This provision applies_ to any person or organizatlon who qualities as an additional insured under -any form _ or endorsement under this policy. 1. The following is added to Condition 2. Duties in The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "oocurrenca" or an offense that may result in a claim or "suit, under this Insurance to us; to. Tender the defense and Indomri€ty of any claim or "suit" to all insurers whom also have low insurance available to the additional Insured, and a. Agree to make avatiable, any other insurance which the additional insured has for a loss we cover under this Coverage Pait d. We have no duty to defend or Indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional Insured. 1 The limits of insurance applicable to the additional Insured are those specified In a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are lass. Those limits are Inclusive of and not in addition to the limits of insurance avaHable under this policy, J, WHO ISAN INSURED -INCIDENTAL MEDICAL ERRORS] MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11- Who is An insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (If you are a partnership or joint venture), to your members (If you are a limited liability company), to a co "employea" while In the course of his or tier cmploy- mont or performing duties related to the conduct of your business, or W your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent brother or sister of that ac-"omployoe" or "voluntear worker" as a consequence of Paragraph (1) (a) above; s (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arlsing out of his or bar providing or failing to provide professional health care services, However, if you are not in the business of providing professional health care services or providing profe� sional health care personnel to others, or If coverage for providing professional health care set - vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily Injury" or "personal and advertising injury" caused by an "employes" who is acting In a supervisory capacity for you. Supervisory capacity as used herein means the `employee's" job responsiblgNes assigned by you, includes the direct suparvl ear of yours. However, none of these "employees" are Insureds for "bodily in 0 2013LIberty Mutual Insurance CO 88 10 0413 Includes copyrighted material of insurance SenAces ofte. inc.,wtth its permissii Mxn"genu�tEDM*n DC"JNPRWmBY:aemt01s"dAst ME: advertising injury" arising out of their willful conduct, which Is defined as the purposeful or willful Intent to cause "bodily injury" or "personal and advertising Injury" or caused In whole or in part by their Intoxlca- tion, by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee, K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11- Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named insured ii there is no other similar insurance available to that organization. However., a, Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you, b. Coverage A does not apply to "bodily injury"` or "property demaga" that occurred before you acquired or formed the organization, and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of oporallons must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualfiias as an insured under this provision, L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV . Commercial General Liability Conditions, the following is added to Condition 6. Repre. sentations., Your failure to disclose all hazards or prior "occurrencos" totaling as of the Inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "ccc urrencee Is not intentional. M. KNOWLEDGE OFOCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Condhions, the following is added to Condition 2. Duties In The Event of Occurrence, offense, Claim Or Suit: Knowledge of an "accurrenoo", offense, olalm or "suit" by an agent, servant or "employee" of any Insured shall not In Itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section it Who Is An insured or a person who has been designated by them to receive reports of "ocourrenoae, offenses, claims or "suits" shall have received such notice from the agent, servant or "employee", s a N. LIBERALIZATION CLAUSE if we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revtsion Is s effective in your state, O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3, is replaced by the following; 3. "Bodily Injury" means physical Injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. RIsleMana�mu�tlllrvisfan ri REviswEoyg&APPRg�}vEo BK:. I' 4 (''EW4f4 20t3LlbertyMutual Insurance '� Ri,kMana9emenhSpeclaVsa 0088100413 Includes copyrighted material of Insurance services Office, Eno., with Its pennissic -- _ E i it g 14 R P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Ekpsoted Or Intended Injury "Bodily injury" or "property, damage" expected or Intended from the standpoint of the insured. This oxciuslon does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV . Commercial General Liability Conditions, the fallowing is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us. We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage adsing out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -computed operations hazard" provided; 1. You and that parson or organization have agreed In writing in a contract or agreement that you waive such rights against that person or organization; and S. The Injury or damage occurs subsequent to the execution of the written contract or written agree- ment. tta4 Mm,egemmsntDivinlon �+< REIAEWED & APPRINqED Bar:. . 2013UbedyMutual Insurance i isknn,nagembb€r4kSpeci�isL CO 88 10 04 13 Includes copyrighted matenal of Insurance Services Office. Inc., with As permlasic MDO Associates, Inc. Policy Period 7-1-24 to 7w1-25 Pot #: BASS7179298 COMMERCIAL AUTO AC86430821 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE .FORM With rasped to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. It the policy to which this endorsement Is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named In the tile, this endorsement does not apply to vehicles garaged to that specified state. SUBJECT EROVISION ACCIDENTAL7 ' DEPLOYMENT ADDITIONAL INSURED. CONTRACT, AMENDED DUTIES IN THE EVENT OF R OR LOSSt AMENDED FELLOW EMPLOYEEEXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED EMPLOYEESINSUREDS i(IncludingEmployeeHired Auto) EXTRA EXPENSE — BROADENED COVERAGE GLASS REPAIR —y DEDUCTIBLE HIREDCOVERAGE TERRITORY HIRED AUTO PHYSICAL DAMAGE (including Employee Hired Auto) a LOAN (CoverageNot Available In Now York) Is NEWLY FORMED OR ACQUIRED SUBSIDIARIES AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONALPARKED a PHYSICALR.. ADDITIONALTRANSPORTATION aCOVERAGE DAMAGE DEDUCTIBLE TRACKING PRIMARYAND • *CONTRACT REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWINGRENTAL ■ LABOR A • ♦ DEDUCTIBLES * UNINTENTIONAL FAILURE TO R ♦HAZARDS WAIVER • i i ♦ OTHERS TO US 21 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION 11—LIABILITY COVERAGE, Paragraph A.I. Who IsrAn Insured Is amended to Include the following as an "insured": d. Any legally Incorporated subsidiary of which you own more than 50 percent Interest Coverage is afforded only for 90 days from the date of aucrulsidon or formation. h TNv s on not Include any organization that: rs c ®sv:- AC 85 43 p8 21 0 2021 Liberty Mutual Insurance 8a - 1 i Includes copyrighted material of Insurance Services Offloo, Inc., with Its per 4' Risk Mmagemant.spsc omt WM712W vilwft PoLBVCa HO Insured Copy (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specifically to apply In excess of this policy; or (3) Has exhausted its Limit of insurance or had Its policy terminated under any other automobile policy, Coverage under this provision d, does not apply to "bodily Injury" or "property damage" that occurred before you acquired orformed the organization. 2. EMPLOYEES AS INSUREDS 11 " UA84LITY COVERAGE, PsrsgraphAJ�-Who ts An Insured Is amended to Include thefiellowing as an .r e. Any "amployse" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement Is excess over any other Insurance available to, any ,"employee". i`. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement In that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by th is endorsement is excess over any other Insurance available to the "ompioyee", SECTION II — LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "Insured"; g. Any person or organization with respect to the operation, maintenance or use of covered "auto", provided that you and such person or organization have agreed in a written contract; written agreement, or permit Issued to you by governmental or public authority, to add such person, ororganlzation, orgovemmenud or public authority to this policy as an "insured". However, such person or organization Is an "insured": (1) Only with respeot to the operation, maintenance or use of a covered "aids'; (2) Only for "bodily injury" or "property damage" caused by an "Sooldent" which takes place Stier you executed the written contract or written agreement, or the permit has been issued to you; and (a) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other Insurer to which coverage could apply for defense and Indemnify, Unless the "Insured" has agreed In writing to primary noncontributory wording per enhancement number 23, this policy Is excess over any other collectible Insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $%000 for cost of bail bonds (Including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. t4? All reasonable expenses Incurred by the "Insured" at our request, Including actual loss of earnings up to $600 a day because of time off from work. Page 2 of g Q 2021 Liberty Mutual Insurance includes copyrighted material of Insurance Services Office, Inc., with Its per RiekMPwgone9Diw1an REVIMIM & APPROVID aY:. &Rk N"inag kSp 0e117(2024 57179208 pomos HG Irmured Copy 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fallow "employeesl' are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION 11— LIABILITY, Exclusion B.S. Fallow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible Insurance, SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows; 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA, Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, Is amended by adding the following. If hired "autos" are covered "autos" for Liability Coverage, and H Comprehensive, Specified Causes of Loss or Collision coverage are provident under the Business Auto Coverage Form for any "auto" you oven, then the Physical Damage coverages provided are extended to "autos': a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contractor agreement in that "employee's" name, but only if the damage occurs while the vehicle to being used In the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" In anyone "aocldent" or *loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the `loss'; or (3) The rest of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b, The deductiblo will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described In this provision, we wig provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accldenV, we will also cover the actual loss of use of the hired "auto" if It results from an "accldent", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver, or (2) Any "auto" that is hired, rented or borrowed from your "employee° or arty member of your "employee's" household. Coverage provided under this extension is excess over any other collectible Insurance available at the time of "toss". AC 06 43 08 21 @ 2021 Liberty Mutual Insurance Includes copyrighted materiel of insurance Services Offics, Inc., with its per l e Ri6kMm� VMWtr WW n RE newFo & APPROVWBY a L ip #ktaf? L-�—. = Risk M4nagewnt5PgoJn r 0511712024 57170M WCLevcs Flo ImRsti Cagy 0511712024 57170M WCLevcs Flo ImRsti Cagy 7. TO!MING AND LABOR SECTIONIII —PHYSICAL DAMAGE COVERAGE, Paragraph A.Z. Towing, is amended by the addition of the following: We will pay towing and labor costs Incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 par disablement. °Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,OD0 pounds or less. o. For"medium trucks", we will pay up to $150 per disablement, "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. C PHYSICAL DAMAGE —ADDMONALTRANSPORTATiONEXPENSE COVERAGE Paragraph A;4:a. Coverage Extensions, Transportation Expenses of SECTION tit.. PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $60 per day and a maximum limit of $1,600. 9. RENTAL REIMBURSEMENT SECTION III -• PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the,, following: a. We will pay up to $75 per day for rental reimbursement expenses Incurred by you for the rental of an "auto" because of "acoldent" or °loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages, We will pay only for those expenses Incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesservehicie, which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. o. We will also pay up to 500 for reasonable and necessary expenses Incurred by you to remove and replace your tools and equipment from the covered "auto". This limit Is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. if "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under Paragraph 4, Coverage Extension. C No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. if this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is In addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined In provision 11.0. ". tU"kna into �1� REVIEWED&HPPpQVEDBY: Page 4 of 9 0 2021 Liberty Mutual Insurance a1 F' Includes copyrighted material of Insurance Services Office, Inc., with its per suKM vemev,;pecr�nsr M712M 67170298 PoLsv0s HC lueured Copy 10. EXTRA EXPENSE — BROADENED COVERAGE Under SECTION [it — PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000, 11. PERSONAL EFFECTS COVERAGE A. SECTIONIll —PHYSICAL DAMAGE COVERAGE, A. Coverage, Is amended by adding the following: if you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "porsonal effects" stolen with the "auto." The Insurance provided under this provision is excess over any other collectible Insurance. B. SECTION V—DEFINITIONS is amended by adding thefoliowing; For the purposes of this provision, "personal affects" mean tangible property that is wom or carried by an "Insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, S. Exclusions Is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of anairbag. Any insurance we provide shall be excess over any other collectible Insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.. 13. PHYSICAL DAMAGE DEDUCTIBLE— VEHICLE TRACtUNG SYSTEM SECTION 10—PHYSICAL DAMAGE COVERAGE, D. Deductible; Is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50"% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio traoking device or a global position device and that device was the method of recovery of the vehicle, 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION in —PHYSICAL DAMAGE COVERAGE, 6. Exclusions, Paragraph a, of the exception to exclusions 4.o, and 4.d. is deleted and replaced with the following, Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound. If the equipment Is: (1) Permanently installed In the covered "auto" at the time of the "toss" or removable from a housing unit that Is permanently installed In the covered "auW'; and (2) Designed to be solely operated by use from the power from the "auto%ll electrical system; and (3) Physical damage coverages are provided for the covered "auio". If the loss" occurs solely to audio, visual or data electronic equipment or accARR ri, IIRM wa+h +htR equipment, then our obligation to pay for, repair, return or replace damaged or reduced 6ya$100deductible, o- _. iJ AMM% msatelvislon a �h REAEWra&APPRovmBW AC 85 43 00 21 0 2021 Liberty Mutual Insurance ) Includes copyrighted material of Insurance Services Office, Inc., with its per lam' RJA Manaaementspectitw asr+z+zoz+ 67MIM POLSvos lie Insured Copy & LOAN / LEASE GAP COVERAGE (Not Applicable In Now York) A. Paragraph C. Limit Of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended by adding the following, The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" Is the greater of the: 1. Halanoo due under the terms of the loan or lease to which the damaged covered "auto" Is subject at the time of the'7oss" less the amount of; a. Overdue payments and financial penaltles associated with those payments as of the date of the b. Financial penalties Imposed under a tease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d, Transfer or rollover balances from previous loans or leases; a. Final payment due under a ""Balloon Loan°; % The dollar amount of any unrapalred damage which occurred prior to the "total loss" of a covered "auto''; g. Security deposit; not refunded by a lessor; te, All refunds payable or paid to you as a result of the early termination of a tease agreement or as a result of the early termination of any warranty or extended service agreement on a Covered "auto"; 1. Any amount reprosenting taxes; J. moan or lease termination fees; or 2. The actual rash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time or the "loss", This adjustment is not applicable In Texas, H. Additional Conditions This coverage appiies only to the original loran for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on #ae covered "outo" that Incurred the "foss% C. SECTION V -- DEFINITIONS Is changod by adding the following: As used in this endorsement provision, the following definitions apiary: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are Insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. tUskMow*-.ADhislm, �� R�errEo&ArrpwmBv; Page 6 of 6 C 2tl21 Liberty Mutual Insurance $ A"Vrdp Includes copyrighted material of Insurance Services Office, tnc., with its per s M�,as��c"csPecapsr DOW2629, 57179298 POLSVGS HC h1swW Copy IS. GLASS REPAIR — WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: No deductible applies to glass damage if the glass Is repaired rather then replaced. Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: or light weight truck with a groat, vehicle maximum loaded weight the "auto" Is desll a. In the charge of an "Insured"; b. Legally parked; and c. Unoccupied. ty collision to such covered °auto" of the private passenger type Of of 10,000 lbs. or less as defined by the manufacturer as to carry white it is: The "toss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto"` must exceed the deductible shown in the Declarations. I our engaged In the automobile business. 2 . • it ` • " F N Under SECTION III — PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible Is the smaller (or smallest) deductible, It will be waived, or b. If the applicable Business Auto deductible Is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller {or smallest) deductible; or It the "loss" Involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV— BUSINESS AUTO CONDITIONS, Paragraph B,2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the Inception date or renewal date of the Business Auto Coverage form, the coverage afforded bythis policy will not be prejudiced, However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. se RlekManey+mmEDMefon x. '& Rw��&APP20V®Br: AC 55 43 00 21 0 2021 Liberty Mutual Insurance 9 ) ficzv�a Includes copyrighted material of Insurance Services Office, Inc., with its par RshM,n.gem�,o.specfli", 05/17r2524 5717929$ POW08 MC Imuf®d Copy 20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph A,2:a, is replaced in Its entirety by the following: a. In the event of "acoident", claim, "suit" or "loss", you must promptly notify us when it Is known to: (1) You, if you are an Individual;. (2) A partner, If you are a partnership; (3) Member, if you are a limited liability company; ---- -(4) An executive officer or the "ampioyee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, nodes to us should Include: (a) Haw, when and where the "accident" or "lose took place; (b) The"insured'e name and address; and (o) The names and addresses of any injured persons and witnesses. 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. amended bythe additionAthefollowing: f. For "autos* hired 30 days or less, the coverage territory Is anywhere in the world, provided that the "Insurod's" responsibility to pay for damages Is determined in a "suit", on the merits, in the United States, the territories and possessions of the United Skates of America, Puerto Rico or Canada or in a settlement we agree to. • • ! AF 4•. • .!! f f '! 9• • i •! f 2% PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following Is added to SECTION IV BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other insurance and supersedes any provision to the contrary: This Coverage Pat n's Covered Autos Liability Coverage Is primary to and will not seek contribution from any other Insurance available to an "Insured" under your policy provided that: 1. Such "Insured" is a Named Insured under such other Insurance, and 2. You have agreed Ina written contractor written agreement that this Insurance would be primary and would not seek contribution from any other insurance available to such "insured". 1dekMa"agvmeritDivi"im" r< R�newEo&MPRPVB}BY: Page 8 of 8 0 2021 Liberty Mutual Insurance _ A pPaV44 Includes copyrighted material of Insurance Services office, Inc., with Its pel RKk €n" "semcnrsp" ix 06=2074 67179299 poLavcs He Luredcapy SECTION v — DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION v- DEFINITIONS, Definition C. is replaced by the following: "Bodily Injury" means physical Injury, sickness or disease sustained by a person, Including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. v R1ekManaff-ntD1*1- _&77 sX. REVIEWED S MmRovw Br... AC8543082t 02021 Liberty Mutual Insurance Includes copyrighted material of Insurance Services OOice, Inc., with its per Risk Manivememgspecra,st 05M712024 $7179298 FoLsvcs He Insured espy ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE JULY 1, 2024 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JULY 1, 2025 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ---— - —--"—"--- .. MDG- ASSOCIATES, INC. 10722 ARROW RTE STE 822 RANCHO CUCAMONGA, CA 91730 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. S(:HF.nTTT.F. PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 1980750-24 RENEWAL SP 0-27-54-05 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SuAl uc HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEN LIMITATIONS IN THIS ENDORSEMENT. a COUNTERSIGNED AND ISSSUUEDD AT SSAN FRANC�ISCOO: JULY 2, 2024 2572 AUTHORIZED REPRESENT IVE SCIF FORM 10217 (REV.4-2018) Risk MwuScr+ent Dkielon J RWEVIED}& MPRC M BY.- ffT'*�rdYN�Q-. Kith Manageme"t..Sgeclobt PRESIDENT AND CEO OLD DP 217