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HomeMy WebLinkAboutBOBKO LAW APC N-2024-366 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE NOV 05 2024 LEGAL SERVICES AGREEMENT WITH BOBKO LAW APC This AGREEMENT,made and entered into this 23rd day of October, 2024,by and Bobko Law APC ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly 0: C 0(v) organized and existing under the constitution and laws of the State of California("City"). NeAct Qviirhx"`(k ) RECITALS A. The City of Santa Ana and the City Attorney's Office.City desires to employ Attorneys to assist the in-house attorneys for the City("City Attorney")in the provision of legal services to the City. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation. NOW THEREFORE,in consideration of the mutual and respective promises,and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. RETENTION OF ATTORNEYS On an as-needed basis,and at the sole discretion of the City,City hereby agrees to and doe s retain Attorneys,for the compensation hereinafter specified,to assist the City Attorney with litigation. Attorneys accept said retention and agree to perform, in a timely and efficient manner,all such services as may be requested by the City Attorney. Attorney s shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys,and,Attorneys agree to accept from City,as and for payment n full for all services for the foregoing services,Partners will be billed at the rate of$350 an hour and$285 for all.Associates. Time will be billed in l/10th of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed $50,000, including any extension periods. c. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. i. In-house printing,copying,and reproduction charges will be reimbursed at the rate of 20 cents per page. i. The City will not reimburse Attorneys for Lexis,Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment and if pre-approved in writing by the City Attorney. The City Will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. 1 iv. Attorneys agree to directly pay for vendors,consultants,or experts,and then seek reimbursement from the City. v. Attorneys agree to seek authorization front City Attorney before retaining experts and consultants. vi. Automobile travel will be rehnbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service, vii. Any costs in excess of$3,000 require City Attorney approval pnortoincurring the expense. All expenses must have supporting documentation submitted with the invoice, 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed,dates and number of hours,and an itemization of expenses related thereto with supporting documentation(i,e:receipts,invoices,copy of check,eta.).City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that It shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. City will not pay interest on unpaid monthly statements. 4, CONTROl OF LEGAL.MATTERS Attorneys agree that each and every matter or Proceeding in which they undertake to assist the City Attorney, as afbresaid, Shall be and remain under,and subject to the control and direction of said City Attorney at all stases, and that they shall at all times keep the City Attorney inferatedofall matterspertaining thereto, City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys.Attorneys Rather agree, if and when their retention hereunder is terminated.by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement, 5. RF?ORTUNGREtlUhll) 1 TS Attorneys agree to keep the City Attorney,and any other persons)designated by the City Attorney,unformed of significant events in the Actions,including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for sunmiary judgment,settlement conference date,and mediation date Attorneys also agree to provide the following reports; a. 45-day initial evaluation of case and budget;and b. Pre-trial report 90 days before trial: 6. TERM The term of this Agreement shall commence on the date first written,above and terminate on October 23,2026,toeless terminated earlier pursuant to Section 15 below, The term,of this Agreement may be extended for up to one (1) year upon a writing executed by both.parties, including the City Manager and the City Attorney. 2 7, INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that,, in the performance of their covenants hereunder,Attorneys are and shall be independent contractors, and not officers or employees of City 8. INSURANCE Attorneys shall provide to the Executive Director of Human Resources proof of insurance prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors,if any,to obtain and maintain insurance as described:below: a, Commercial General Liability (COL): Insurance Services Office Form CG 00 01 covering CCL on an "occurrence" basis, including products and completed operations,property damage,bodily'Mow and personal 8c advertising injury with limits no less than$2,000,000 per occurrence,if a general aggregate lilt applies, either the general aggregate limit Shall apply separatelyto this prajeet%loeatlon(ISO CO 25 03 or 25 04) Or the general aggregate limit shall be twice the required occurrence limit, b. Automobile Liability;Insurance Services Office Form Number CA 0001 covering, Code I (any auto),or ifMonsultantl asno owned auto;Code 8(hired)and 9(non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage,(Not required if consultant does not use an automobile to perform services) c. Workers' Compensation: Insurance as required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. d. Professional Lability (Errors and Omissions): Insurance appropriates to the Consultant's profession,with limit no less than$2,000,000peroccurrenceorclaim, $4,000,000 aggregate., If Attorneys maintain 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 Attorneys. Any available insurance proceeds in excess of the spe*ifiedminimwnlimits of insurance and coverage shall be available to the City: e. Other Insurance Provisions-The insurance policies are to contain, or be endorsed to contain,the following provisions, i. Additional Insured Status- The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of Attorneys including, materials, parks,, or equipment thrtushed in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Attorneys' insurance(at least as broad as ISO Terns CG 20 10 11 85 or if not available,through the addition of bath Co 2010,CO 20 26,CO 20 33, or CO 20 38;and CO 20 37 forms if later revisions used), i. Primary Coverage- For any claims related to this contract, Attorneys' insurance coverage shall be primary coverage at least as broad as ISO CO 20 01 04 13 as respects the City of Santa AM, its offieers, officials, employees,and volunteers, Any insurance or self-insurance maintained by the City of Santa Ma, its officers, officials,employees,or volunteers shall be excess of Attorneys' insurance and shall not contribute with it iii. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled,except with notice to the City, f. Waiver of Subrogation-Attorneys hereby grant to City a waiver of any right to subrogation,which any insurer of said Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agree to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. g. Self-Insured Retentions-Self-Insured,ctenlionsmust be declared to and appr ed by the City.The City may require the Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration, and defense expenses within the retention, The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City, h; Acceptability of Insurers - Insurance is to be placed with Insurers anthariaed 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. Claims Made Policies-.If any of the moulted policies provide coverage on a claims- made basis: I. The Retroactive Date must be shown and must be before the date of the contract orthebeginning of contract work. ii. Insurance must be maintained and evidence of insurance must he provided for at least five (5)years after completion of the contract of work. in. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract naive date, the Attorneys must purchase°'extended reporting"coverage for a minimum of live(5)yews after completion of contract work. j. Verification of Coverage — Attorneys shall finish the City with original Certificates of Insurance including,all required amendatory endorsements(or copies ofthe applicable policy language effecting coverage requnedhy this clause) and a copy of the 4 Declarations and Endorsement Page of the COL policy listing allpolicy endorsements to Entity before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive the Attorneys obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance policies,inoluding endorsements required by these specifications,at any time. k.: Subcontractors Attorneys shall require and verify that all subcontractors maintain. insurance meeting all the requirements stated herein, and Attorneys shall ensure that City is an additional insured on insurance required from subcontractors, I. Special Risks or Cireurnstattees City reserves the right to modify these requirements, including limits, based ort the nature of the risk,prior experience,insurer, coverage, or other special circumstances 9. INDEMNlFICATION Attorneys agree to and shall indemnify and bold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution,judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement.. 10, CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential, Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product:doctrine; Accordingly, information received by Attorneys from City should be kept m a secure place,and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney_ All such information and any written product in connection with Attorneys' retention tinder this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL /ATTORNEY-WORK PRODUCT' and shall be the property of the City Attorney's Office, and shall be retumed/provided to the Office of the City Attorney with all copies upon the request ofthe City Attorney, 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 Attorneys,disclosed in a publicly available source; (c)is in rightful possession of the Attorneys without an obligation of confidentiality; -(d) is required to be disclosed by operation of law; or (e) is Independently developed by the Attorneys without reference to information disclosed by the City, 11, CONFLICT.OF INTEREST CLAUSE, Attorneys covenant that it presently has no interests and shall not have interests,direct or Whom,that would conflict in any manner with performance of services specified under this Agreement, 12, NOTICE Any notice,tender,demand, delivery,or other communication pursuant to this. Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class Or certified mail,postage prepaid,or sent bytelefaesimile or other telegraphic communication in.the manner provided in this Section,to the following persons: 5 To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) PA Box 1988 Santa Ma,California 92702.1988 Facsimile(714)647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza(M-29) P.C.Box 1988 Santa Ana, California 92702 Facsimile(714)647-6515 To Attorneys: Bobko Law APC Attn:Patrick"Kit"l3obkn 23 Corporate Plaza Dr.,Ste. 150 Newport Beach, CA 92660-7908 Email:(949)432-9975 A party may change its address by giving notice in writing to the other party, Thereafter, any notice,Tender,demand,delivery,or other communication shall be addressed and transmitted to the new address. If sent bymail,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 teletsesimile, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys,and supersedes any and all otheragreements,: oral or waatten,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 iistrntnent signed by the City and by an authorized representative of Attorneys. 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 Attorneys ox the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements,orally or otherwise,have been made byany party, or anyone acting on behalf of any parties,which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the speeializedservices of Attorneys, Attorneys 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 6 this Agreement shall be construed to limit the City's ability to have any of the services witioh.are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time, In such event, Attorneys shall be entitled to receive and the City,shall pay Attorneys compensation for all services perlbnncd by Attorneys prior to receipt of sucltnotce of termination As a conditionofsuchpaytnent; Attorneys shall deliver to the City all files and records generated under this Agreement as of such date: Attorneys may terminate this agreement,subject to their obligation to provide written reasonable notice of at least thirty (30)days to arrange alternative representation, In such case,City agrees to secure new counsel as quickly as possible and to cooperate fully in substitution of the new counsel as counsel of record in in the Actions, 16. Ni N.DISCRIMINATION Attorneys shall not diseriminate because of race,color,creed, religion,sex,marital status,sexud orientation,gender identity,gender expression,,.gendei medical conditions,genetic information, or military and veteran status,age,national orb 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 tinder this Agreement Attorneys affirmthat It is an equal opportunity employerand shall comply with all applicable federal,state and local laws and regulations. 17. JURISDICTION—VENUE This Agreement has been executed anddeliivered 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 Califibbrnia. Both parties further agree that Orange County, California, shall,be the venue for any action or proceeding that maybe brought or arise out 04 in connection with or by reason.of Oda Agreement.. 18. MISCELLANEOUS PROVISIONS Each,undersigned represents and warrants that its. signature herein below has the power,authority and right to hind their respective parties to each of the terms of this Agreement,and shall indemnify City firlly,ittcludingreasonable 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. 19. COUNTERPARTS; SIONA UTWS This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise,each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original City thither acknowledges that it has read and received a copy the fun text Section 6148 of the California Business and Professions Code prior to signing this.Agreement, 20. NO CIUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained,that law is not an exact science,that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only, In other words, Attorneys make no representations or guarantees of success regarding any matter. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. AFIEST: CITY OF S TA ANA Jennifer L. all R lvaro Nunez Ci City Manager APPROVED AS TO FORM: BOBKO LAW APC SONIA R.CARVALHO City Attorney San a Flores Pa 'c "Kit" o 0 Chief Assistant City Attorney 8 ® DATE(MM1DDNYYY) CERTIFICATE OF LIABILITY INSURANCE /2gf2o2s 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 CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA PHI.ONE (ggg)202-3007 FAX(Pi No 5 Concourse Parkway E-MAIL Suite 2150 ADDRESS: contact@hiscox.com Atlanta GA,30328 INSURERI AFFORDING COVERAGE NAICN INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B Bobko Law APC INSURER C 64 Seaborough Newport Beach,CA 92660 INSURER 0, INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDIYYYYI (MMIDDNYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,DOO CLAIMS-MADE I OCCUR PREM I. Ea occMAGE TO u ante $ 100,000 X CGL is on BOP Form MED EXP(Any one person) $ 10,000 A X X P104.053.620.1 10/25(2024 10/25/2025 PERSONAL&ADV INJURY $ 0 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- ❑ LOC .1F(:T PRODUCTS-COMPlOP AGG $ 4,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per Person) $ ALL OWNED 5C HEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per arrdent' UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE ❑ N 1 A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is requiredl City of Santa Ana, its City Council, officers, officials, employees,agents, and volunteers are to be covered as additional insureds with respect to General Liability coverage for liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations as provided by the general liability policy form. Cancellation notices will be provided as stated in the general liability policy form.Coverage is Primary and Non-Contributory.Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana hs1e ecse1Pier °s°° THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN a`` CityAttOrney'sOffiCe ,dy"pp—�d°; ACCORDANCE WITH THE POLICY PROVISIONS. oPIPy, V4'<21U l�GNrt6lroR� 20 Civic Center Plaza Santa Ana,CA92702 �_, AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 'M ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/UDYYYY) 1 02/19/2026 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 CONTACT NAME: Professional Resource PHONE (888)998-7742 ac,Ne) Insurance Agy, LLC EaT1AL 101 W. American Canyon Rd#508 ADDRESS: dhamid@priabrokers.com American Canyon, CA 94503 INSURERS)AFFORDING COVERAGE NAIC0 INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURERS: CorePOinte 10499 Bobko Law APC INSURER C 23 Corporate Plaza Dr.,Ste. 150 INSURER O Newport Beach,CA 92660 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI115 IS TO CERTIFY TI IAT TI IC POLICIES Or INSURANCE LISTED BELOW I AVE BEEN ISSUED TO TI IC INSURED NAMED ADOVC FOR T1IE 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 Or SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE .I=SUER JIM POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE �OCCUR PA MI E T O RENTED oQWnren S 100.000 X CGL is on BOP Form MED EXP(Any one Person) $ 10,000 A X X P104.053.620.1 10/25/2025 10/25/2026 PERSONAL A ADV INJURY 5 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 X POLICY .PIFRr:OT LOC PRODUCTS-COMPIOP AGG S 4,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S to accident ANY AUTO BODILY INJURY(Per lmr n) S ALA OWNED SCHEDULED 8031LY INJURY(Per accident) S AUTOS AUTOS NON-OWNED I PROPERTY DAMAGE S HIRED AUTCS AUTOS Pa arr.A4, $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLA MS-MADE AGGREGATE S DED F—FRETENTION 5 S WORKERS COMPENSATION PER OTH- ANU EMPLOYLHS LIABILI I Y YIN STATUTE I I ER ANYPROPRIETOR/PARTNER'EXECUTNE ❑ N/A C.L.CACII ACCIOCNT EXCLUDED9 S OFFICERWEMBER (Mandatory In NN) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S B Professional Liability CIC 1008190 00 08/23/2025 08/23/2026 Per Claim/ 2,000,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule-may be attached If more space Is required) City of Santa Ana, its City Council,officers, officials, employees,agents, and volunteers are to be covered as additional insureds with respect to General Liability coverage for liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations as provided by the general liability policy form. Cancellation notices will be provided as slated in the general liability policy form.Coverage is Primary and Non-Contributory.Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Attorney's Office ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD APPROVED By Tu Train Nguyen at 3:40 pm,Apr 27,2026 Hiscox Insurance Company Inc. HISCOX encourage courage® Endorsement 44 NAMED INSURED: Bobko Law APC Blanket Additional Insured (Lessors of Premises/Clients;Waiver of Subrogation: Primary Non- Page 1 of 2 Contributory) In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows: I. The following is added to the end of Section III. Who is an insured: AI-A. Additional insureds If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured. A person or organization's status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: a. your acts or omissions or of those acting on your behalf;and b. the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured under this subsection 2 ends when your operations for that additional insured are completed. II. Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured listed above will be primary with respect to and will not contribute with any other insurance available to the additional insured, provided: 1. the additional insured is a named insured under such other insurance; and 2. you have agreed in a written contract or agreement that this insurance would be primary and would not contribute with any other insurance available to the additional insured. III. Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, you may waive your rights of recovery against another party in writing prior to an: 1. offense arising out of your business operations that caused a personal and advertising injury; or 2. occurrence that caused bodily injury or property damage. BOP-GL E5026 CW(11/19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Hiscox Insurance Company Inc. HISCOX encourage courage® Endorsement 44 NAMED INSURED: Bobko Law APC Blanket Additional Insured (Lessors of Premises/Clients:Waiver of Subrogation: Primary Non- Page 2 of 2 Contributory) Endorsement Effective: March 23, 2026 Policy No.: P104.053.620.2 By: Mary Boyd (Appointed Representative) BOP-GL E5026 CW(11/19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Hiscox Insurance Company Inc. 40 HISCOX encourage courage- Endorsement 33 NAMED INSURED: Bobko Law APC Blanket Additional Insured-Clients and Lessors of Premises Page 1 of 1 In consideration of the premium charged, and on the understanding this endorsement leaves all other terms,conditions, and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows: I. The following are added to the end of Section III.Who is an insured: CL-A. Clients If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part,any person or organization for whom you are performing operations is an insured, but only with respect to liability arising out of: 1. your acts or omissions or of those acting on your behalf;and 2. the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured under this subsection CL-A ends when your operations for that additional insured are completed. CL-B. Lessors of premises If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part,any person or organization from whom you lease any premises is an insured, but only with respect to liability arising out of the ownership, maintenance,or use of that part of the premises leased to you. However,the coverage afforded to such additional insured(s)does not apply to any liability arising out of structural alterations, new construction,or demolition operations performed by or for such additional insured(s). A person or organization's status as an additional insured under this subsection CL-B ends when you cease to be a tenant in the premises. Endorsement Effective: October 25,2025 Policy No.: P104.053.620.2 By: Mary Boyd (Appointed Representative) BOP-GL E5025 CW(11/19) Includes copyrighted material of Insurance Services Office, Inc.with its permission CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE I Patrick K Bobko ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Bobko Law APC ("Company"),and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company,I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")toprovide Legal Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees,consultants,representatives, and agents will not use and/or drive any Company owned/rented/leased borrowed vehicles to perform Services to,for,or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum automobile liability insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. (f� ® March 12, 2026 i 4 tune Date Patrick K. Bobko Print Name Shareholder Title Patrick@BobkoLaw.com (949) 432-9975 Contact Information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Automobile Liability Insurance 11.12.2024 CITY OF SANTA ANA �T Risk Management a division of Human Resources Managing Risk through Awareness and Actions.. € AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I, Patrick K. Bobko ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Bobko Law APC ("Company"),and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company,I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")to provide Legal Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers'compensation laws of California,and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the provisions and provide proof of workers'compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum workers'compensation insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 'ILA March 12, 2026 Sign Date Patrick K Bobko Print Name Shareholder Title Patrick@BobkoLaw.com (949) 432-9975 Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS'COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS($100,000).IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024