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HomeMy WebLinkAboutPUBLIC RESOURCES MANAGEMENT GROUP - 2007r.. r AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-5237 if you have any questions. u The agreement with Aw-A61-4 No. - 09, 60-Im was completed on and final payment has been made. Revised 06-14-07 Department: Signature: Date: City of Santa Ana Clerk of the Council NOV 212007 SANTA ANA PLANNING ©EPT '~ '~ti~'JRANCE ON FILE W~JRK MAY PROCEED UN`7L INSURANCE EXPIRES _' 9-i°Q~ CI_f:RK OF COUNCIL na `E: NaU 2 0 240? CONSULTANT AGREEMENT A-2007-112 THIS AGREEMENT, made and entered into this 1st day of July, 2007 by and between PUBLIC RESOURCES MANAGEMENT GROUP, a California Limited Liability Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the analysis of and development of studies of governmental cost of service, such as development user fees, and full cost allocation plans. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ 116,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 and terminate on June 30, 2008, unless terminated earlier in accordance with Section 12, below. The term of this , , , a -~ Agreement may be extended upon a writing executed by the Executive Director of the Planning and Building Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 . ' s ` e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. LOBBYING Consultant certifies that no appropriated funds may be expensed by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying", in accordance with its instructions. 10. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Public Resource Management Group, LLC 1380 Lead Hill Blvd., Ste. 106 Roseville, CA 95661 telefacsimile (916) 313-8588 Attn: J. Bradley Wilkes, Project Director 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 by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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. 5 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor 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 are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: / _ - ~~ ~_ ; , PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA ~. DAVID N. REA City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: `~ ~ Lor a C. Penaloz Assistant City Attorney RECOMMENDED FOR APPROVAL: ., , -~ JAY . TREVINO Executive Director of the Planning and Building Agency CONSULTANT J.BRADLEY KES Project Director ~~ r b~ ~ Employer ID # CITY OF SANTA ANA USER FEE STUDY PROPOSAL SCOPE OF WORK AND PROJECT SCHEDULE PUBLIC RESOURCE MANAGEMENT GROUP, LLC EXHIBIT A 111) Statement of Work he City's RFP requested proposals for a comprehensive full cost analysis of the development user fee related services in the city. To assist the city in understanding the methodology PRM uses when conducting full cost analysis user fee studies, the following information is provided. As PRM approaches a full service user fee study, we are guided by three overriding goals, I}produce the most technically sound project possible, 2) manage the project in a professional manner to ensure as much "buy-in" as possible by city departments and, 3) produce management reports that are professionally presented, informative and useful. Our project approach supports these objectives. A. Project Approach: The city has requested information related to the full cost of providing city services, specifically: - Development of the full cost of genera! fund user fee related services ~ Compare selected fees to fees charged in neighboring c'rcies Install PRM user fee software (Excel Worksheets) The steps required to calculate the full cost of services involve the calculation of I) indirect cost and 2) direct cost The chart below provides an overview of the calculation process. Each example of indirect and direct cost is illustrated. Indirect costs are broken into three levels. The first level illustrates costs to support the entire city government structure or "citywide" indirect costs. In the example below, a citywide cost such as payroll service to a development department staff member is labeled a citywide indirect service (top level of squares). This layer of cost is identl fled and calculated in the city's full cost allocation plan. Department-wide support services, or the second level of indirect costs, are those that support staff in only one department (second level of squares). Finally, the third level of indirect costs are those accounted for within the program itself (third Level of squares}. This level includes costs such as: clerical support, certain supply and services, etc. Finally, the direct cost is solely the cost of the service provided by the sports leader (in the example below) who directly interacts with the customerslcit~zens final square}. The chart below illustrates the various levels of indirect versus direct cost ~+ ~~ iz,a~ c~ r< c~ PRM uses federally approved guidelines and generally accepted indirect costing methods to identify and calculate these levels of costs. The cost allocation process is used to allocate citywide indirect costs throughout the city government structure. The development of the cites cost allocation plan is the first step in calculating the full cost of city services. This document will be key to all other cost calculations made in the study. Departmental and program indirect cost rotes are also calculated to determine the level of departmental indirect costs used to support a direct city service. Once the indirect costs are calculated, the data is integrated into the PRM user fee software and combined with the direct cost analysis to form a full cost calculation. The steps involved in a full cost of services study include: Including the allocations from the city's currently developed cost allocation plan a. Costs allocated -ensure all indirect costs are being allocated for use in a user fee study b. Citywide indirect costs -city prepared calculations c. Department/Program-wide indirect costs -PRM calculations 2. Development of a User Fee Study a. Identification/inventory of all user fee related services b. Review fee structures in various departmenu (fixed fee vs. hourly razes vs. Nexus approach in building inspection) c. Calculation of the direct cost of each user fee service f. Salary cost of direct staff supplying service ii. Fringe benefits iii. Direct services and supplies d. Full Cost Identification i. Integrate indirect cost data from the cost allocation plan ii. Integrate direct cost data e. Subsidy Analysis f. Develop a comparison of fee levels among other selected cities. g. Install PRM user fee software (Excel Worksheets) i. Allows the city to update information on an annual basis g, Work Plan: Step I: Pro~ct Introductory Meeting To ensure a successful start, PRM recommends holding an introductory meeting with key staff members that include both general fund departments and non-general fund departments. Of course, PRM will look to c'ny staff for guidance for the purpose and content of the meeting and for a list of invitees. PRM considers an initial meeting designed to review the project's overall goals and objectives vital to a successful outcome. Agenda items for the introductory meeting could include: - An explanation of the cost plan and user fee analysis process - The purpose of a full cost swdy - How other cities use full costing - Example summary reporrs produced by the project - Questions and answers - Etc. Step 2: Data Review As soon as possible, lists of basic data requirements will be developed. They include: lists of selected staff salary levels, benefit cost detail, operational budgets, transaction statistics, etc. PRM will work with the city to develop and gather needed data in the most efficient way. Once this basic data is acquired, the cost plan and rate structures will be developed. Step 3: Cost Allocation Plan Review: PRM will review the allocations from the most recently prepared cost allocation plan and ensure that those citywide overhead cosu are included accurately into the PRM user fee worksheets. Step 4• User Fee Direct Cost Analysis: a) l~cPr Fee Inventory: Working with city staff, an inventory of all current. user fee charges will be developed. This list will include all general fund services provided to the public for which fees are charged. The objectives of the inventory are to identify all general fund user fee charges matched to the departments which supply the services. In some cases, more than one department will participate on a particular service. Information such as the following will be reviewed: - fee history - rate increase history - revenue history - fee purpose - # of units completed each year Y departments providing service .~ r ~" b) p~parr~„entaf Interviews: With information from the fee inventory, each deparunent supplying user fee services will be interviewed. Using the PRM interview forms, the following data will be gathered: - Staff members providing service - Amount of time: Required to complete one unit of the service Per year spent supplying the service - Activity statistics such as: # completed per year # completed lazt fiscal year Estimated # of units completed in the coming fiscal year The key statistics needed from a departmental interview are: individual staff estimates of time spent providing each service, and the number of units completed on an annual basis. In each department interview, 100 of each staff member's time is identified to ensure that no service, user fee related or not, is excluded from the full cost analysis. j~uildingp~p~rtment Nexus Study Traditionally, city building departments have depended on the Uniform Building Code (UBC) rate tables to establish building inspection and plan check fees. A fee study can review the revenue generation of these tables and recommend general increases and/or adjustments to the UBC rate factors depending on the total cost of the building department Several PRM clients have requested that PRM conduct a more thorough "Nexus" study that develops a new method and basis for charging fees. This nexus method makes a firm connection between hours and cost of service that some feel is lacking in the traditional UBC table method. We are currently conducting this analysis for the cities of Roseville and Whittier. The city may want to explore moving to an actual cost basis for inspection services. c) Financial Analysis: Once the basic time and workload transaction data is gathered from the departmental interviews, salary data, departmental service and supply cost data is entered into the PRM user fee software. This departmental data is integrated with the indirect cost data developed within the PRM cost allocation plan module. The direct costs and indirect cost of each fee is calculated and displayed for review. d) User Fee Management Reports: All the financial, transaction and comparison data is reported in the final management resorts Each department is provided an opportunity to review the cost/revenue data at leazt two separate times. This ensures that the raw data is az accurate az possible, resulting in a more reliable final report SUMMARY: Once the data analysis is completed PRM azsisu the city with presentations to management, elected officials and to the public az needed. PRM looks forward to assisting the city in the full study analysis if that option is selected. ~F'RM Additional Scope of Services: 1) Development of a citywide full cost central services cost allocation plan. This document has a number of uses, two important ones are: a. Allocation of general fund support costs to enterprise funds b. Allocation of general fund support costs to the development related user fee related services. 2) Limited user fee comparisons. PRM will provide comparisons to select fees areas charged in other neighboring cities. PRM will work with the city to develop a list of comparable fees and cities for comparison. CITY OF SANTA ANA USER FEE STUDY PROPOSAL PROJECT BUDGET PUBLIC RESOURCE MANAGEMENT GROUP, LLC EXHIBIT B VI) Project Budget RM has been successful in providing the best level of service for reasonable prices. Our proposed project budget is based on a number of azsumptions -all of which should be discussed with city staff before a final project budget can be determined. Our budget is based on the following assumptions: • A full cost analysis of the development department and a-I services conducted therein -General fund services within the planning and building agency and public works. • Using the city's current OMB A-87 cost allocation plan model, PRM will develop estimates that reflect a more "full cost" approach by adding in other citywide support costs that are un-allowed in an OMB A-87 cost plan. + Development of an Excel costing model to be delivered to the city at the conclusion of the study. • Work with city staff to move building fees from the current valuation-based fee structure, to a full cost structure based on occupancy type, square footage and staff estimates of time required for services provided. + A bench mark survey of fees charged in various cities in California. • A negotiated timeline that supports the detail data requirements of an accurate and defensible study. We will be pleased to negotiate our prices to reflect the final goals and objectives of the city. Proposed Project Budget: PRM estimates the following number of hours for the tasks listed above: TASKS SR STAFF STAFF TOTAL Hours TOTAL Budget Project Kick Off User Fee Calculation Analysis 4 120 8 180 12 300 $ I,B00 45,000 Cost Plan Model Development 16 I S 34 5, l00 Structure Bldg Inspection Model 81 57 138 20,700 Bench Mark Survey 8 16 24 3,600 Presentations 16 I6 32 4,800 Totals: 245 295 540 $81,000.00 9 Project Budget Additions: 1}Full Cost Allocation Plan: $25,000 2) Limited User Fee Comparisons: included The number of hours listed above is based on our current understanding of the project. These hours could change depending on further discussions with city staff and a more defined project scope. Our average hourly rate; which includes expenses, for project staff is $150. The project budget could be affected by a number of factors: are current billing methodologies (valuation based fees) accurate or do they need to change, is the city's current OMB A-87 cost plan adequate for a user fee study or is a full cost plan more accurate, is reliably transaction data available or does it need to be developed over time, etc. While some of these questions may appear to be challenging, PRM has assisted cities many times in the process of understanding them and then working with the city to develop a project approach to navigate the process to a successful outcome. ~o y ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # _ Issued to Named Insured Countersigned by Authorized Representative EXHIBIT C ~ACORD CERTIFICATE OF LIABILITY INSURANCE csR Nx DATE (MM/DD/YYYY) MGTOF-1 10 04 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Earl Bacon Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3131 Lonnbladh Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O . Box 12039 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tallahassee FL 32317 Phone: 850-878-2121 Fax: 850-878-2128 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Valle FOr @ IIIS Co. 20443 Public Resource Management INSURER B: Continental Casualt 20443 Group a subsidiary of MGT off' Amercia, Inc. INSURER C: American Cas.Co.of Reading PA 20443 2123 Centre Point B1Vd. Tallahassee FL 32308 INSURER D: Travelers Cas6Surety Co of Ame 25623 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMM/DD/Yl' E PDATEY MMIDD Y ~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY 2093390918 O8/19/O7 O7/O1/.O8 PREMISES (Eaoccurence $$ 300,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ $ 5 , OO O Blanket Add'1 Iris PERSONAL&ADVINJURY $$1,000,000 Blkt Waiver Of $u GENERAL AGGREGATE $$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ $2 , O O O , OO O }{ POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ' E id t $ 1 OOO OOO ~ i ( ANY AUTO 2093563501 O8/19/O7 O7/O1/Qe ( a acc en ) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS Fob - (Per person) }i; HIRED AUTOS v~ S 1 ~ BODILY INJURY ~~11 ~~ ~ (Per accid nt) $ }{ NON-OWNED AUTOS ~ 0~ e ~ / a PROPERTY DAMAGE QZ ~ $ ei ey (Per accident) GA RAGE LIABILITY ~ ~`1tJ AUTO ONLY - EA ACCIDENT $ ANY AUTO `n~ t PSS,S~f OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4 , OOO , OOO B OCCUR ~ CLAIMSMADE 2093563496 O8/19/O7 O7/O1/O8 AGGREGATE $ Q ~ QQQ ~ QQQ DEDUCTIBLE $ X RETENTION $ $rj ~ Q Q Q $ WORKERS COMPENSATION AND EMPLOYE ' }{ TORY LIMITS ER A RS LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE 2093390921 O8 19 / /Q7 O7/O1/O8 E.L. EACH ACCIDENT $ 500000 OFFICER/MENiBER EXCLUDED? tf d ib d E.L. DISEASE - EA EMPLOYEE $ SOOOOO yes, escr e un er SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ SQQQQQ OTHER B Workers Comp - CA 2098117826 08/19/07 07/01/08 Empl Liab $1,000,000 D Prof Liab-Clm Made 104968324 08/19/07 07/01/08 Liab/A r $3,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS *45 Days Written Notice of Canc-Nonrenewal. *10 Days Written Notice of Canc- Nonpayment. RE: Cost Allocation Analysis / The City of Santa Ana, its officers, employees, agents and representative are included as an additional insured under the general liability. GERTIFIGATE HOLDER CANCELLATION The City of Santa Ana Attn.: Toni Zerba 20 Civic Center Plaza, Santa Ana CA 92701 BAANSA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOP DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PBA IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR M_2 O REPRESENTATIVES. HI.VKU Zb (LUUI/US) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Polic Number 2093390918 G-17957-G c/VA y (Ed. 01101) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1.OFTHIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: The City of Santa Ana, its officers, employees, agents and representatives (Coverage under this endorsement Is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to 2. The Limits of Insurance applicable to the include as an insured any person or organization, additional insured are those specified in the including any person or organization shown in the written contract or written agreement or in the schedule above, (called additional insured) whom you Declarations of this policy, whichever is less. are required to add as an additional insured on this These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; in addition to, the Limits of Insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or G-17957-G (Ed. 01 /01) Page 1 of 2 G-17957-G (Ed. 01/01) b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The .Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make insurance which has for a loss Coverage Part. available any other the additional insured we cover under this f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. G-17957-G (Ed. 01/01) Page 2 of 2 POLICY NUMBER: 2093390918 CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization who requires you to obtain this waiver of our right of recovery under a written contract or agreement. (If no entry appears above, information required to comp applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above W lete this endorsement will be shown in the Declarations as because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID Nx DATE(MMlDDmYY) MGTOF-1 06 30 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Earl Bacon Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3131 Lonnbladh Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Box 12039 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tallahassee FL 32317 Phone: 850-878-2121 Fax: 850-878-2128 INSURERS AFFORDING COVERAGE NAIC # INSURED MGT of America Inc INSURER A: Valle FOr a Ins Co. 20443 , . and Public Resourse Management INSURER B: Continental Casualt 20443 Group a wholly owned subsidiar Of MGT .INSURER C: American Cas.CO.of Reading PA 20443 2123 Centre P01nt B1Vd. Tallahassee FL 32308 INSURER D: Travelers Cas6svrety Co of Ame 25623 INSURER E: ~~vtrw~ta 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDlYY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY 2093390918 07/01/08 07/01/09 PREMISES Eaoccurence $ $ 300,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ $ 5 , 000 Blanket Add' 1 Ins PERSONAL & ADV INJURY $ $1 000 000 Blkt Waiver Of Su GENERAL AGGREGATE , , $$2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG , , $ $2 ~ OOO , OO O X POLICY PRO LOC JECT AUT OMOBILE LIABILITY C X ANY AUTO 2093563501 07/01/08 07/01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1 QQQ Q Q Q i i ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4, QQQ,OOO B OCCUR ~ CLAIMSMADE 2093563496 07/01/08 07/01/09 AGGREGATE $ 4,000~QQQ DEDUCTIBLE $ X RETENTION $ 1 O ,QQQ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE 2093390921 07 / O 1/ O 8 O 7/ O 1/ O 9 E.L. EACH ACCIDENT $ 5 0 0 0 Q Q OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE-EA EMPLOYEE $500000 SPECIAL PROVISIONS below E. L. DISEASE-POLICY~LIMIT $ 500000 OTHER B Workers Comp - CA 2098117826 07/01/08 07/01/09 Empl Liab $1,000,000 D Prof Liab-Clm Made 104968324 07/01/08 07/01/09 Liab/A r $3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ~~ 'iTED ~ fi0 FdJ'~~l! *45 ~~ Days Written Notice of Canc-Nonrenewal. *10 Days Written Notice o anc- '~ Nonpayment. Certificate holder included as an additional insured u~er the - l li bi ~ ~ genera a lity. / BI~NJAVfI~ ~lUi;r4~AN ief Assistant City Atiarney CERTIFICATE HOLDER cenlcFl t e-rinni The City of Santa Ana PBA Attn.: Toni Zerba 20 Civic Center Plaza, M-20 Santa Ana CA 92701 SAANSA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORI REP ES TAT E """'"' `" ~`"" ""°~ ©ACORD CORPORATION 1988