HomeMy WebLinkAboutCUMMING MANAGEMENT GROUPINSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
11-131I—4,_-_-
CITY C%t Z 9 21524
DATE:
A-2024-159
AGREEMENT WITH CUMMING MANAGEMENT GROUP INC. FOR CLIMATE ACTION
0. pwA(o) PLAN UPDATE SERVICES
K4yl�y �d THIS AGREEMENT is made and entered into on this Ist day of October, 2024 by and Cumming
Management Group ("Contractor"), 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 April 5, 2024, the City issued Request for Proposal ("RFP") No. 24-044, by which it sought
qualified firms to provide services in updating the City's Climate Action Plan (CAP).
B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents
that it is able and willing to provide the services described in the scope of work that was included
in RFP 24-044.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable
in its field and that any services performed by Contractor under this Agreement will be performed
in compliance with such standards as may reasonably be expected from a professional 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
Contractor shall perform the services described in the scope of work that was included in RFP No.
24-044, which is attached as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City,
the rates and charges identified in Exhibit B, Contractor's Cost Proposal submitted with its
RFP response. The total amount to be expended during the term of Agreement shall not exceed
$495,066, including any extensions. The total amount is allocated as: (1) a base rate of
$450,060; and (2) a contingency in the amount of $45,006 for additional and as -needed
services, to be exercised at City's sole discretion.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three-year tern and terminate
on September 30, 2027, unless terminated earlier in accordance with Section 16, below. The term of this
Agreement may be extended for two, one-year extensions upon a writing executed by the City Manager
and City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor 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 Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Contractor
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 Contractor
under this Agreement, not to include Contractor's work papers ("Documents & Data"). Contractor 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. Contractor represents and
warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were provided to Contractor
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
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire
Term of this Agreement against claims for injuries to persons or damage to property which may arise from
or in connection with services, products and materials supplied to City. Total cost of such insurance shall
be borne by Contractor.
a. Minimum Scope and Limit of Insurance
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 injury and personal & advertising injury with limits no less
than $2,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project (ISO CG 25 03 05 09 or 25 04 05
09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with
a limit no less than $1,000,000 combined single limits.
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
for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the
Contractor's profession, with limit no less than $1,000,000 per occurrence or claim,
$2,000,000 aggregate.
Broader Coverage: if the Contractor maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its City Council, its officers, officials,
employees, and volunteers are to be covered as additional insureds on the Contractor's
CGL, Professional Liability, and Automobile Liability policies, with respect to liability
arising out of work or operations performed by or on behalf of the Contractor including
materials, parts, or equipment furnished in connection with such work or operations.
2. Waiver of Subrogation: Insurance company (or companies) agree 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 Contractor for City.
3. Primary Coverage: For any claims related to this contract, the Contractor's insurance
coverage shall be primary. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
4. Severability of Interest: A severability of interest provision must apply for all the
additional insureds, ensuring that Contractor'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. Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, 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 notice shall be provided to City for
policy cancellation or non -renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: Hailey Gilbert, 20 Civic Center Plaza, M-36, Santa Ana, 92701. The
name and location of project must 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 Contractor 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.
8. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
9. Verification of Coverage: Contractor shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage requiredby this clause) and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements
to City before work begins. However, failure to obtain the required documents prior to
the work beginning shall not waive the Contractor'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 anytime.
10. Claims Made Policies: If any of the required policies provide coverage on a claims -
made basis:
a. The retroactive date must be shown and must be before the date of the
contract or the beginning of work.
b. Insurance must be maintained and evidence of insurance must be provided
for at least three (3) years after completion of work.
C. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the contract
effective date, Company must purchase "extended reporting" coverage for
a minimum of three (3) years after completion of work.
11. Subcontractors: Contractor shall require and verify that all sub -contractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that
City is an additional insured on insurance required from sub -contractors.
12. Special Risks or Circumstances: City reserves the right to modify these requirements,
including limits, based on the nature of therisk, prior experience, insurer, coverage, or
other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its City Council,
officers, officials, agents, employees, contractors, special counsel, volunteers, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising
out of claims for personal injury, including death, and claims for property damage, which may arise from
the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting
on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim
that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason
of material breach of 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 material breach of 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 the material breach of this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the
extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited,
to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor. City agrees to reimburse Contractor for
the costs of defense that Contractor incurs on the City's behalf to the extent that a trier of fact ultimately
determines that Contractor is not liable for the loss.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
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. Contractor
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 Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor 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
Contractor 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. Contractor affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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 contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for
all services performed by Contractor 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 Contractor 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 Contractor 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
Contractor 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. Contractor shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. 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. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This
shall not apply where the Parties are currently engaged and Contractor is providing services
not contemplated by this Agreement.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
d. The Contractor has not been engaged to perform any services which constitute the practice
of architecture or engineering and is not assuming any responsibilities for design.
e. Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted
by law, neither Party shall be liable to the other for any incidental, special, indirect or other
consequential damages incurred due to the fault of the other Party, regardless of the nature
of the fault or whether it was committed by the City or Contractor, or their employees,
subconsultants, or subcontractors. Consequential damages include, without limitation,
liability for loss of profits or loss of production, loss of goodwill, however the same may
be caused.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-5635
To Contractor:
Cumming Management Group Inc.
Attention: Christine Marez, Senior Vice President
120 Vantis Drive, Suite 510
Aliso Viejo, CA 92656
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
[Signatures on following page]
IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above
written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: // L
Kyle N lesen
Assistant City Attorney
FOR APPROVAL:
Nabil Saba 11i.2'0= 0826 4.0347
-n]'00'
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA AN
'/VZAiW
Alvaro Nufiez
City Manager
CUMMING MANAGEMENT GROUP:
CGinklt e Marez'
Christine Marez (Aug 21, 202412:35 PDT)
Christine Marez
Senior Vice President
EXHIBIT A
0 CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
In December of 2015, the City of Santa Ana City Council approved the City's first Climate Action Plan
(CAP), which described how greenhouse gas (GHG) emissions within the City of Santa Ana were to be
reduced in accordance with statewide targets through the implementation of certain mitigation measures.
The measures established in the CAP were projected to accomplish the goals of a 15% reduction in
community -wide emissions by 2020 and nearly reach a 30% reduction by 2035. The CAP measures
affecting municipal operations were projected to accomplish goals of 30% reduction by 2020 and a 40%
reduction by 2035. The CAP can be found on the Climate Action page of the City's website:
https://docs g000le com/viewerng/viewer?url=https://storage googleapis com/proudcity/santaanaca/upl
oads/2022/03/Climate-Action-Plan. pdf
The CAP outlined greenhouse gas (GHG) reduction measures for the following GHG emission producing
sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Since the CAP's
adoption, the City has implemented several measures that likely have resulted in a decrease in the City's
GHG emissions.
In the CAP, the City committed to progress reports to track and monitor implementation of the document,
which was not completed and will be assessed as part of the deliverables of this scope of work.
The City has since updated the Circulation Element of the General Plan, which includes Complete Streets
policies to bring the City in compliance with the Complete Streets Act. The City has also adopted a
Pedestrian Master Plan, Facilities Master Plan, Parks Master Plan, and updates to its Bicycle Master
Plan. All plans outline and prioritize active transportation, multi -modal mobility, and open space and
recreation improvements. The construction of the Orange County (OC) Streetcar will also be finalized by
2025, providing a clean electric transit mode for transit -dependent commuters within Santa Ana. The City
has established a Hybrid and Alternative Fuel Vehicle Acquisition Policy to be environmentally sensitive
in the purchasing the leasing of vehicles for City use, and is implementing a citywide Smart Water Meter
Program with automated meter upgrades to help save water and support sustainability efforts.
MINIMUM REQUIREMENTS AND OBJECTIVES
The consultant or consultant team should have demonstrated experience in completing work on climate
action plans/projects in cities or counties which developed mitigation measures/performance standards
that considered factors such as topography, infrastructure, climate, transit/active transportation options,
and private vs. public land ownership.
1. Staff require a consultant with significant experience in climate action plan development, long
term monitoring plans, GHG inventories, index updates and data analysis.
2. Consultant will have demonstrated knowledge of climate equity and the ability to incorporate
equity into their analysis.
3. The chosen consultant will be responsive, reliable, excellent at communication and organizations,
and demonstrate significant expertise.
4. Flexibility is necessary for ad hoc meetings with departments and City staff that implement the
CAP.
5. Occasional need for the Consultant to present to City leadership, City Council, and Mayor's Office.
CITY OF SANTA ANA
SCOPE OF WORK:
Climate Action Plan Update
The City of Santa Ana is currently updating the city's Climate Action Plan (CAP) originally adopted in
2015. Support services under this task include: municipal and City-wide greenhouse gas inventories,
baseline and forecasted greenhouse gas inventories (including business -as -usual) subject to goal setting
years, strategy and action selection and quantification, strategy and action prioritization, and other
technical support services identified through the development of the updated CAP.
Current updates should help to measure the progress of the CAP, build on past successes and provide
any necessary revisions, adding or modifying any targets, goals, or measures to reflect current
technologies, policies and government mandates.
The anticipated Scope of Work is described below. The consultant proposal narrative should adequately
describe consultant's approach and methodology for achieving the tasks described below.
Task 1: Project Management
Coordinate and schedule regular client communications including project team management and project
invoicing.
Assess funding opportunities for CAP update to help inform measure development. Develop clear and
actionable governance charter to outline clear roles and responsibilities for different City groups during
CAP implementation.
Task 2: Stakeholder Engagement
Develop and implement a public engagement plan that effectively involves interested and affected
stakeholders in identifying needs, priorities, and values related to the CAP update. Stakeholders include
City Council, the City's Environmental Justice Action Committee, the City's Environmental and
Transportation Advisory Commission, and Santa Ana businesses and residents. Include strategies to
reach groups and individuals traditionally under -represented in local government decision making.
Provide support for implementation of the public engagement plan including, but not limited to,
preparation of informational materials and in -person attendance and presentation at all public
engagement events and public meetings.
Deliverables: Stakeholder Engagement Plan, Community Engagement Plan, as -needed presentations,
and informational materials
Task 3: CAP Revisions
The CAP update should follow guidance from Countywide / Regional Climate Action Planning
recommendations, policies, and best practices to update and build upon this effort monitor and reduce
GHG inventories. For each focus area, recalibration of clear targets aligned with benefits via the
identification of specific targets for 2030 and 2045 with greenhouse gas emissions reductions. The
revisions should include an assessment of the feasibility, equitability of implementation and alignment to
core benefits, including key actions and supporting actions.
The CAP revision should consider the framework and strategies outlined in the City's General Plan, align
with regional and state Climate Action Plan efforts, and incorporate potential federal, state, or other grant
and funding opportunities.
The revisions shall:
• Utilize the latest available GHG inventory data available to the State or County;
• Evaluate existing GHG reduction targets
• Develop a list of potential revised and new CAP measures regarding GHG reduction
• Update a weighted prioritization matrix for CAP measures
CITY OF SANTA ANA
• Rank climate actions by operational feasibility, community priorities collected through
engagement activities and opportunities for equitable implementation
• Conduct a benefit -cost analysis of all CAP measures
• Include social equity considerations including policy objectives, program ideas, and generation
of green jobs
• Identify opportunities for workforce and community capacity building
• Update CAP implementation monitoring procedures, as needed
• Prepare appropriate environmental review documentation (if necessary)
• Prepare a draft and final CAP document update
Deliverables: SWOT Analysis; Draft CAP update document; Final CAP update document; Workforce
Development Plan; and interim draft materials, as needed.
Task 4: Ongoing Monitoring and Reporting
The Consultant shall provide a recommendation on the most straightforward and most effective ongoing
monitoring and reporting policies that Staff can use to provide routine updates to various commissions
and the City Council including methods to measuring and reporting on the GHG emissions reductions
achieved as a result of implementation actions.
Deliverables: Plan for Measuring and Verifying Impact of Measures; Reporting matrix or mechanism to
generate ongoing monitoring and routine reporting.
Task 5: Other Technical Support as Assigned
To support other aspects of this project not specifically included in this scope, but potentially necessary
for the success of the project, plan to provide additional services, as needed. Additional support could
include, but is not limited to, technological and data utilization, conducting follow-up policy development,
quantitative analysis, qualitative analysis, legal and regulatory analysis, and other topics as needed
based on direction from City staff. Optional work conducted under this task will be billed on a time and
materials basis, but must remain within the agreed upon contract amount.
Analysis and data from platforms such as the EPA's Enviromental Justice Screen; CalEnviroScreen 4.0;
the CDC Environmental Justice Index Map; California Healthy Places Index; etc.
Deliverables: To be determined.
iW:c11:112:j
Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed
can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation
and/orpayment schedule prior to award of any resulting agreement. When applicable, ifproviding hourly rate sheets, Proposer shall not include
rate ranges oroverages.
The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in
a separately sealed enveloped, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the
tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping
and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs
will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any
language related to travel reimbursemen t shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Cumming Group has assessed the proposed scope set forth in Section Erhibitl of the RFP. From that assessment we have broken down our
estimated fees by task, shown on the next page in Table 2. Task Budget, and our hourly rates shown in Table 1. Labor Rates, below. A labor
build-up was completed for each task based on information provided in the RFP, combined with Cumming Group's experience with other
client projects of a similar scope.
The level of effort required for each task was identified and assigned to specific project team members based on their expertise with the
task. The total budget and total number of hours required to complete the task were then determined based on individual labor hours
and hourly rates, as outlined in Table 1. LoborRotes.
All project activities will be invoiced monthly on a Time and Materials basis in a format approved by the City. Monthly invoices will be
supported with detailed information on time billed against the project and a narrative report summarizing accomplishments as further
described above in Task 2, Project Management. Our Deltek Vantagepoint timekeeping system will beset up with task -level project codes
to ensure accurate tracking and reporting of the contract budget.
Table 1. Labor Rates
Christine Marez, Principal Agent
Emma Sorrell, Project Director
Katya Balakhovsky, Project Manager
Louis Spanias, Sustainability Program Manager
Tim Zhang, GHG Manager
Morgan Rose, Stakeholder Engagement & Equity Manager
$235
$230
$190
$190
$195
$180
Cassidy Wallerstein, Stakeholder Engagement & Equity Coordinator $170
SUBCONTRACTOR LABOR TO AUGM ENT TH E TEAM AS NEEDED
Jason Pack, VMT & Trans portation Lead $345
Pau I Herrmann, VMT & Transportation Manager $265
2,436
$450,060
Table 2. Task Budget
TASK I. PROJECT MANAGEMENT 164 $46,380
TASK 2. STAKEHOLDER ENGAGEMENT
TASK 3. CAP REVISIONS
TASK 4. ONGOING MONITORING AND REPORTING
TASKS. OTHER TECHNICAL SUPPORT AS ASSIGNED
285
837
330
820
$48,775
$164,980
$58,175
$131,750
A� o® CERTIFICATE OF LIABILITY INSURANCE
DATE
10/5/20E4YY)
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
Marsh &McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
1 Polaris Way #300
Aliso Viejo CA 92656
CONTACT Katie McCoy
PHONE FA%
ac Na
nDoaiess: occeds marshmma.com
INSURERS AFFORDING COVERAGE
NAIL#
INSURER A: The Continental Insurance Company
35289
License#: oH18131
INSURED CUMMIGROUP
Cumming Management Group, Inc.
25220 Hancock Avenue
Suite440
INSURER B : Berkshire Hathaway Specialty Ins Co
22276
INSURER C:
INSURERDigitally bAnicev
Murrieta CA 92562 Angie Aceved
ERE:
�
_ I I
INSUR
COVERAGES CERTIFICATE NUMBER:2043370698 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
POLICYEFF
IMMIDDIYYYYI
POLICVEXP
IMMIDDIYYYY1LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
Y
Y
6056835935
12/31/2023
12/31/2024
EACH OCCURRENCE
$1,000,000
-DAMAGETO
PREMISESSEaoccunence)
$1,000,000
MED EXP(Any one person)
$15,000
PERSONAL &ADV INJURY
$1,000,000
AGGREGATE LI MIT APPLIES PER:
POLICY ❑jECOT E LOG
GENERALAGGREGATE
$2,000,000
GEN'L
X
PRODUCTS -COMPIOPAGG
$2,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
Y
Y
6116111141
12/31/2023
12/31/2024
COMBINED SINGLE LIMIT
Ea accident
$1,000.000
BODILY INJURY (Per person)
$
ANY AUTO
1X
OWNED SCHEDULED
AUTOS ONLY AUTOS
(Par accent) BODILY INJURY(Pid
$
X
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Per sudden)
$
A
X
UMBRELLALIAB
X
OCCUR
N
N
6020879487
12/31/2023
12/31/2024
EACH OCCURRENCE
$5,000,000
gGGREGATE
$5,000,000
EXCESS LIAB
CLAIMS -MADE
DEO I X I RETENTION$
$
A
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
Y
6056835952
6056835966
12/31/2023
12/31/2023
12/31/2024
12/31/2024
X STATUTE ERH-
E.L. EACH ACCIDENT
$1,000,000
ANYPROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
NIA
E.L. DISEASE - EA EMPLOYEE
$1,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS be.
E.L. DISEASE -POLICY LIMIT
$1.000,000
B
Professional E&O
N
N
47EPP31356504
12/31/2023
12/31/2024
Per Claim
$2,000,000
Reho 11/072006
Policy Aggregate
Relenbon
$2,000,000
$250,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached R more space is required)
RE: Cumming Management Group, Inc. Will provide Cost Management services for the City of Santa Ana's Climate Action Plan.
The City of Santa Ana, its officers, officials, employees, and volunteers are named as Additional Insured on General Liability, per the attached endorsement
CNA75079XX (10-16); and Automobile Liability per the attached endorsement CNA71527XX (10 12). General Liability Insurance is Primary and
Non -Contributory, per the attached endorsement CNA74879XX (1-15). Waiver of Subrogation applies on General Liability, per the attached endorsement
CNA74879XX (1-15); Auto Liability, per the attached endorsement CA 04 44 10 13; and Workers Compensation, per the attached endorsement G-19160-B. 30
days Notice of Cancellation for non-payment of premium applies per the attached endorsement CNA75014XX (01-2015).
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: Haley Gilbert RIAMaMgenmtDtwtan
20 Civic Center Plaza, M-36 AUTHORIZED REPRESENTATIVE y,"REVIEWED&APPROVED BY:
Santa Ana CA 92701 9j ' Af e A,44
Rek Management Specials[
01988.2015 ACORD of
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
INSURED: Cumming Management Group, Inc
POLICY#: 60&835949 POLICY PERIOD: 12/3112023 TO: 12/31/2024
CNA CNA)
(Ed. 10/110/12
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
"as required by written contract"
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person
or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory
basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the
"accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
CNA71527XX (10/12)
Page 1 of 1 Copyright CNA All
Me1Pgamm UW=
y I V& REME &APP'ii OV®BY:
' Risk Management Speaalist
INSURED: Cumming Management Group, Inc.
POLICY#: 8055835935
POLICY PERIOD: 11131/2023 TO: ivsvzoza
1
POLICYHOLDER NOTICE -COUNTRYWIDE
It is understood and agreed that:
If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom
the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on
that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation wil
be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with
the Agent of Record will be sufficient to prove notice.
Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such
cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another
leffective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Risk Malugemnd DlAsinn
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01
IN
C Copyright CNA All Rights Reserved.
INSURED: Cumming Management Group, Inc.
POLICY #: W56635935
POLICY PERIOD: 1213112023 TO 1213112024
CNA CNA PARAMOUNT
General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such provision, and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance
3. Bodily Injury —Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
6. Estates, Legal Representatives and Spouses
7. Expected Or Intended Injury — Exception for Reasonable Force
8. In Rem Actions
9. Incidental Health Care Malpractice Coverage
10. Joint Ventures/Partnership/Limited Liability Companies
11. Legal Liability— Damage To Premises
12. Medical Payments
13. Non -owned Aircraft Coverage
14. Non -owned Watercraft
15. Personal And Advertising Injury — Discrimination or Humiliation
16. Personal And Advertising Injury - Contractual Liability
17. Property Damage - Elevators
18. Supplementary Payments
19. Unintentional Failure To Disclose Hazards
20. Waiver of Subrogation — Blanket
CNA74879XX (1-15)
Page 1 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services ice, Inc., with
-
xideMsougxmattD[uidon
AEVIEwEo&APPROVED BY:
`�
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Risk Management Specialist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A. through K. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect
to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such
person or organization's liability for bodily injury, property damage or personal and advertising injury as
grantor of a franchise to the Named Insured.
D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named
Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such
bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
Page 2 of 13
copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with
> iusia managnnv¢urvieion
y±%� .1 r&VIEWED&APPRwEM Y:
ti � , "'F A+j.:t A,"d-
MEOW, Ruk Management SpedXist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense
giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that
the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal
and advertising injury takes place prior to the termination of such lease. The coverage granted by this
paragraph does not apply to structural alterations, new construction or demolition operations performed by, on
behalf of, or for such additional insured.
G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
liability for bodily injury, property damage or personal and advertising injury arising out of the Named
Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
H. State or Governmental Agency or Subdivision or Political Subdivisions —Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization,
but only with respect to such state or governmental agency or subdivision or political subdivision's liability for
bodily injury, property damage or personal and advertising injury arising out of:
1, the following hazards in connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults, street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or
c. the ownership, maintenance or use of any elevators covered by this insurance; or
2, the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products -completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
CNA74879XX (1-15)
Page 3 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.. with
1tvlr Mnuganott Dhdslnn
REVI o&Al'i BY.
®.
-
R6k Management Spedalut
CNA CNA PARAMOUNT
General Liability Extension Endorsement
I. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or
displayer, any person or organization whom the Named Insured is required to include as an additional
insured, but only with respect to such person or organization's liability for bodily injury, property damage or
personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included
within the products completed operations hazard.
J. Vendor
Any person or organization but only with respect to such person or organization's liability for bodily injury or
property damage arising out of your products which are distributed or sold in the regular course of such person
or organization's business, provided that:
1. The coverage granted by this paragraph does not apply to:
I'#
CNA74879XX (1-15)
Page 4 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with
a. bodily injury or property damage for which such person or organization is obligated to pay damages by
reason of the assumption of liability in a contract or agreement unless such liability exists in the absence
of the contract or agreement;
b. any express warranty unauthorized by the Named Insured;
c. any physical or chemical change in any product made intentionally by such person or organization;
d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has
agreed to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at the such
person or organization's premises in connection with the sale of a product;
g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used
as a container, part or ingredient of any other thing or substance by or for such person or organization; or
h. bodily injury or property damage arising out of the sole negligence of such person or organization for
its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this
exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. orf. above; or
(2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the
Named Insured to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products.
This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has
acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing
such products.
Risk Mst s.,fioWIcn
j� REVIEWED&APPRMMBY
Risk Management Spedkist
or
CNA CNA PARAMOUNT
I�i General Liability Extension Endorsement
3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor
c. if bodily injury or property damage included within the products -completed operations hazard is
excluded by endorsement to this Coverage Part.
K. Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such
additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury
for which such additional insured is liable because of the Named Insured's acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or
failure to render any professional service;
2. for bodily injury or property damage included within the products -completed operations hazard; nor
3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part.
2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED's INSURANCE
A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended
to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will
not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured.
B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K, of this
endorsement, the following sentence is added to the paragraph above:
Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to
such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY —EXPANDED DEFINITION
Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended
to add the following:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurers authorized representative notice of an occurrence,
offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a
partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the
above to give such notice.
B. NOTICE OF OCCURRENCE
CNA74879XX
Page 5 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with
Rlek MnugtmattDiWton
REVIEWED&APPROVEDaY.
- Risk Management Spetlkist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However,
the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence, offense or claim.
Em-A:187a1rl:/e1Jd4rlh6411114F.
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has
management control:
a. on the effective date of this Coverage Part; or
b, by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary,
contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or
sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance
does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first
occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to
employ.
6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this
policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for
claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks
damages from marital community property, jointly held property or property transferred from such natural person
Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative, or spouse outside the scope of such person's capacity or status as such, provided however that the
spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses' acts, errors or omissions iI ""
Insured's business.
CNA74879XX (1-15)
Page 6 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with
j�
'11
Rick MvftvnmtDM,(on
REVIEV%EDd,APPRCNm9Y:
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CNA CNA PARAMOUNT
General Liability Extension Endorsement
7. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the
Named Insured, will be treated in the same manner as though the action were in personam against the Named
Insured.
9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is
amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will
be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence,
and
B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled
Exclusions is amended to:
I. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not
limited to express warranties or guarantees.
Ill. add the following additional exclusions.
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on
an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual
orientation.
CNA74879XX (1-15)
Page 7 of 13
copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wth
RiskMoagemmtDhtslon
o RIMD & APPRovID Bv:
Risk Management Specialist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state
or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
i. add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer
workers in the rendering of:
a, professional health care services on behalf of the Named Insured or
b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages, medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any
common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a
single occurrence;
iii. amend the definition of Insured to:
a. add the following:
• the Named Insured's employees are Insureds with respect to:
CNA74879XX (1-15)
Page 8 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with
tier m0ugawrt urr�tvimr
a�+e�\= aEVIEWtDd,APPROV®BY:
R[ Management Spetiz/iet
CNA CNA PARAMOUNT
General Liability Extension Endorsement
(1) bodily injury to a co -employee while in the course of the co -employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the
Named Insured's business;
when such bodily injury arises out of a health care incident.
the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the
Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named
Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident.
b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.
c. add the following:
Insured does not include any physician while acting in his or her capacity as such.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the
following:
Otherinsurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer
instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased
specifically by the Named Insured to be excess of this coverage.
10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES
WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
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, except that if the Named Insured
was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited
liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to
its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the
personal and advertising injury arising out of such offense first occurred after such termination date;
b. the bodily injury or property damage first occurred after such termination date; and
c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or
limited liability company.
11. LEGAL LIABILITY —DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to
Property exclusion and replace it with the following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (otl
premises rented to the Named Insured or temporarily occupied by the Named Insure
CNA74879XX (1-15)
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Rick Mankgnnent Divas ian
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-,, Risk Management SpeoAist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF
INSURANCE.
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.
C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and
replace it with the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit
is the most the Insurer will pay under COVERAGE A for damages because of property damage to:
a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with
the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer
consecutive days.
The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to
You Limit is shown in the Declarations.
D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ti), and replace it with the following:
(tt) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the
Named Insured with the permission of the owner; or for personal property of others in the Named Insured's
care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by
another endorsement attached to this Coverage Part.
12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the
following:
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the
Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury
sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: ; or
(2) the amount shown in the Declarations for Medical Expense Limit.
B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace
Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended as follows:
CNA74879XX (1-15)
Page 10 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with
Risk Ma�DM Idn
REVIe D 6 APPRwm BY:
',
A+1p Aicii,44
-
Risk Management Specialist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1, the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge.
14. NON -OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and
replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to:
1, delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a
limited liability company) of the Named Insured.
2. add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental,
lease or sub -lease of any room, dwelling or premises by or at the direction of any'
CNA74879XX (1-15)
Page 11 of 13
Capynght CNA AJI Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with
RI&MnugmentDhislan
RENEWED&APPRW BY:
Rak Management Specialist
CNA CNA PARAMOUNT
General Liability Extension Endorsement
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from
Provision 1. ADDITIONAL INSUREDS of this endorsement; or
attachment of an additional insured endorsement to this Coverage Part.
16. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY
A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.
This exclusion does not apply to liability for damages:
(1) that the Insured would have in the absence of the contract or agreement; or
(2) assumed in a contract or agreement that is an insured contract provided the offense that caused such
personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely
for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation
expenses incurred by or for a party other than an Insured are deemed to be damages because of personal
and advertising injury provided:
(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured
contract; and
(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative
dispute resolution proceeding in which covered damages are alleged.
B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the
definition of insured contract in its entirety, and replace it with the following:
Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's
business under which the Named Insured assumes the tort liability of another party to pay for personal or
advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a
liability that would be imposed by law in the absence of any contract or agreement.
C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section
entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following
So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that
indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred
by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of
Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endor:
CNA74879XX (1-15)
Page 12 of 13
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CNA CNA PARAMOUNT
General Liability Extension Endorsement
not be deemed to be damages for personal and advertising injury and will not reduce the limits of
insurance.
D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not
apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached
to this Coverage Part.
17. PROPERTY DAMAGE —ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
18.SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
20. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the
following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,
and expires concurrently with said Policy.
CNA74879XX (1-15)
Page 13 of 13
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurence Services Office, Inc., with
—mma8emer¢ut =
[ REVIe & APPROvs] Br.
A+�g A
® Risk Management SimGalmt
INSURED: Cumming Management Group, Inc.
POLICY #: 1/135931
POLICY PERIOD: 1213112023 TO 1WI12024
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products -completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
It. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B. additional insured coverage with "arising out of language; or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract; or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Oth
add the following, which supersedes any provision to the contrary in this Condition or el
part:
CNA75079XX (10-16)
Page 1 of 2
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WeltMmagmadDivision
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Copyright CNA All Rights Reserved. Includes copyrighted matedal of Insurance services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or
self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However,
if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part, provided the contract or agreement:
A. is currently in effector becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
I his endorsement, Wnicn Corms a pan or and is Tor attachment to the F'ollcy Issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective
expires concurrently with said Policy.
CNA75079XX (10-16)
Page 2 of 2
copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Once, Inc., with
RhkMm cganoU.IED lon
REVIEWEDfi MrRw®ev:
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®
A+ fu Ada
Ruk Management Spea Ant
Insured: Cumming Management Group, Inc
Policy No.: arise"'
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Policy Effective: 1ti"t '2s Expiration: =12024
Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER
OF RIGHTS
OF
RECOVERY
AGAINST OTHERS
TO
US (WAIVER
OF
SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organizatiorl
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR
TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not armly to the nerson(n) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident'
or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13
Endorsement No: 7; Page 1 of 1
Underwriting Company: Continental Casualty Company, 151 N Franklin St., Chicago, IL 60606
w.k 1,lanoq�a�,e ni�lnloa
fffi•nauveD&APPRCV®BY:
A*fe Actvan
- Risk Management Specialist
Insurance Services Office, Inc., 2011
INSURED: Cumming Management Group, Inc.
POLICY#: 6056e35952
CNA
POLICY PERIOD: 12/3112023 TO tva112024
Workers Compensation And Employers Liability Insurance
This endorsement changes the policy to which it is attached.
Policy Endorsement
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two -
Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for
California exposure. The amount is 2%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: G-19160-B (11-1997)
ftne,vw & Apmovao Bv:
Ruk Management Spmafist
CNA All Rights Reserved.