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SNIDER, ROBERT M.
INSURANCE Ulk +r E A-2025-039 WORK MAY PROCEED UNTIL INSU ANCE EXPIRES 0 L IJ�t____ __._ CIfy DATE. APR O 9 2025 AGREEMENT WITH ROBERT M. SNIDER TO PROVIDE ADMINISTRATIVE HEARING OFFICER SERVICES p; r4N PW'GA THIS AGREEMENT is made and entered into on this 18' day of March, 2025 by and I,AA VfO) between Robert M. Snider, Attorney at Law ("Consultant"), and the City of Santa Ana, a charter 1 city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. On October 24,2024,the City issued Request for Proposals No.24-127,by which it sought Consultants to provide as-needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A. C. Consultant was selected as one of eight (8) vendors which qualified for this engagement. Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services. D. 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 a. On an as-needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury& Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants. Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work. c. Consultant shall perform and complete its assigned services as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of wort:, and in a fair, unbiased and neutral manner. Details of the project timelines, including a completion schedule for Consultant's services, shall be provided, in writing, to the City. Consultant and City agree that the completion schedule represents the best estimate of the schedule for services and provision of final work product to the City. Consultant shall comply with all completion dates noted, including but not limited to, preparation of written decisions, which set forth the legal and evidentiary basis for the decision, and adopt findings as required by the particular provisions of the Santa Ana Municipal Code(SAMC). d. Consultant agrees and understands that deliverables submitted to the City after the required deadline(s) may delay issuance of payment and/or allow the City to exercise its option to terminate the Agreement pursuant to Section 15, below. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Further, City's selection of Consultant for assignment(s) shall be at its sole discretion and not based on any expectation of favorable outcomes or decisions in any hearing(s). Consultant shall be paid only for actual approved services performed under this Agreement at the rates and charges identified in Exhibit B — Compensation. Consultant is one of eight (8) Consultants selected to provide administrative hearing officer services on an as-needed basis under RFP No. 24-127. The total compensation for services provided by all Consultants selected under RFP No. 24-127 is a collective amount not to exceed$2,770,000 during the term of the Agreement, including any extension periods. b. Consultant shall submit its invoice for payment no later than sixty (60) days from written notification to the City that an assignment,as properly assigned by the City per Section 1,above, is completed. c. Payment by City shall be made within forty-five(45)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided,the City will be authorized to deposit payments directly into Consultant's account(s)with financial institutions. 3. TERM This Agreement shall commence on the date first written above for a three(3) year term ("Term") with the option for the City, at its sole discretion, to grant a two (2) year extension, ("Extended Term") exercisable by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,below. 4, INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to bc, an independent Consultant and not an employco 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 rospurxsible for all applicable; withholding t xas. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in.plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &: Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited in any way in its use of the:Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Cityis.soli:risk, G. INSURANCE; MINIMUM SCUFF AND LIMIT OF INSURANCE a. Prior to undertaking performance of work cinder this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain in,sirrancc; as described below for the entire Term and Extended Terris, if applicable, of this Agreement against claims for injuries to persons or damage to property which may prise from.or in connection with services,products and materials supplied to City, Total cost of such insurance shall be borne by Consultant. I. Commercial General Liability (CGL): Insurance Services Office norm CC] 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than.$1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits Can be met with primary and umbrellalexcoss insurance policies. 2. Autornobiie Liability (AL); Insurance Services O lice Form CA 00 01 covering; Code 1 (any auto), with limits no less than $1,000,000 combined single limit,. In the event Consultant clues not maintain commercial automobile liability insurance, City will accept evidence of poi-sonal automobile insurance. 3. Workers' Compensation (W/C): 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,policy or emptoyee, for bodily injury or disease.Coverage is not required if Consultant has no employees and suns request to waive such insurance. 4, Professional Liability .Insurance (PL). with limits no less than $2,O00,000 per occurrence or claim, and$4,000,000 aggregate. b. if Consultant maintains broader coverage and/or higher limits than the minitrutRn requirernents for each line of coverage shown above,: City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreemem, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. c. The alcove required insurance policies are to contain or be endorsed to contain the following provisions, 1. City, its City Council, its officers,officials, employees, agents,and volunteers are to bo covered as additional insureds,under Consultant's CGL,PL;and A-L policies, with respect to any liability arising out.of work or operations performed by or oil behalf of the Instructor including; materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant and its Insurance company(ics)agrees to �vaivc all rights of'subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid tinder the terms of the COL, AL,PL,.and W/C policies, arking from work performed by Consultant tinder this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Ccxutcil, its oft-wers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must ripply for all the additional insureds, ensuring that Consultant's insurance: shall apply separately to each insured against whom..a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materially changed except.after thirty(30)days prior written notice has been given to City. Teti (10) days prier written notice shall be provided to City for policy cancellation or non-renewal due to non-payment ol'premium, 6. Certificate Holder on each Evidence of Insurance certi ficatc shall be: City ofSanta Ana,Attention: Community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA 9270 L-The name and location of project trust be included in the Description orOperatiems section or each certificate. d. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City, The City may require the. Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim ,administration, and defense expenses within the retention c. Acceptability of Insuc-ers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no Less than A., VII, unless otherwise acceptable to City, f Verification of Covorage. Consultant shall furnish City with original Certificates of Insurance including till. IWILlire d amendatory enndorsernnennts(or copies of theapplicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, uertiiied copies of all required iwnsurarloe policies, including endorsements required by these specifications, at any tune. g. Special Disks or Circumstances.City reserves the right to modify these require me nts, including limits, based on the nature of the risk, prior experience,insurer, coverage, or other special circumstances. 7, INDEMNIFICATION Consultant agrees to defend,and.shall indemnify and hold harmless the City, its officers, "gctyts,€lliployees,contractors,special counsel,and representatives tom liability: (1)for pe:rsonnal injury, damages, just compensation,restitution,judicial or equitable relief arising out of claims forpersonal injury, including death, and clait�ns for property damage, which nrnay arise from the negligent operations of the Consultant, its agents,employees,or other persons acting on its behalf which relates to the services described in section I of this Agreement; and(2)from any claim that personal injury, damages, .,just compensation, restitutionn,judicial or equitable relief is ,clue by reason of the terms of or effects arising:from.this Agreement, This indemnity and hold harmless agreement applies to .111 claittis 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, Tile Consultant farther agrees to indemnity, holy] 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 challen ing the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,to the extent Consultant's services are subject to Civil Code: Section 2782,8, the above indemnity shall be limited,to the extent required by Civil Cade Section 2782.8, to claims that arise out of, pertain to, or relate;to the negligence, recklessness,or willful misconduct of the Consultant, 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement, including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3)years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work,data, documents,proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary,Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources;(b)is,through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality;(d) is required to be disclosed by operation of law;or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race,color,creed, religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all. applicabfc federal,state and local laws and regulations. 13. EXCLUSIVITYAND AMENDMENT This .Agreement represents the complete and exclusive statement between the City and Coll and Supersedes any alid al] otter agreements, coral or written, between the partie& hi the event of 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,shalt not bind or obligate Consultant orthe City.Ma01 party to this Agreernerst acknowledges that no representations, inducements, promises or .agreements,orally or otherwise,.have been.made by any party, or anyone actin; on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign,transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract. without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City, is. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, to the extent rewired by law, Consultant shell be entitled to rc wive. and the City shall pay Consultant compensation for all services performed by Consultant satisfactorily and in accordance with the scope of work contained in laxhibit A and all applicable SAMC requirements prior to receipt of such notice of termination. Further,the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and. hl such case such work product shall be the property of the City unless prohibited by taw, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 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. JURISDIC'r1ON-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. IS. 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 riotif., 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. 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: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Boa 1988 Santa Ana,CA 92702-1988 Fax: 714-647-6956 With courtesy copies to: Executive Director Finance&Management Services Agency City of Santa Ana 20 Civic Center Plaza(M-15) P.O. Box 1988 Santa Ana,California 92702 And Executive Director Community Development Agency City of Santa.Ana. 20 Civic Center Plaza(M.25) 11,0, Box 1985 Santa Ana, California 92702 To Consultant, Robert M, Snider,Attorney at.Law Post Office Box H243 Palin Desert, CA 92255�1141 A panty may change.its address by giving notice in writing to the other party. Thereafter, any coiTununication shall be addressed aftd tral'smitted 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 trail, 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 ealeulating these time frames, weekends; federal, state, County or City holidays shall he excluded. 20. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signattirc Herein below has the; power, authority and right to bind tN r respective parties to each of-the terns of this Agreement, and ,shall indemnify City fully, including reasonable costs and attorneys 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 iffillly set forth in the body of this Agrewnea [signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF S A ANA nnifer L. 11 lvaro Nunez City C City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT City Attorney Melissa M. Crosthwaite Robert M. Snider Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: dloran&eTYiadad ae.anJer Trinidad(Feb 2T.2025 M08 PST) Alex Trinidad Acting Executive Director Finance R Management Services Agency t ' CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Services performed by Consultant shall include, but are not limited to the following; A. GENERAL REQUIREMENTS 1. For firms with multiple neutrals, the City must approve in advance, in writing, any neutrals that may serve as a hearing officer for the City. 2, Comply with the Mendel Cade of Ethios published by the National Association of Heariryg Officials, 3. Comply with all City ordinances, municipal code, charter, policies, procedures, rules, and regulations, 4. Prepare for hearings as scheduled by City staff, including notification of the hearing type, date, time, and location to petitionerfappellant. S. Review case documentation submitted with petitions or appeals, and 'identifying and communicating potential concerns to the.City. 6, Perform legal research, and interpret complex statutes, policies, and procedural guidelines, 7. Instruct participants in [jeering of their rights and applicable hearing procedures. 8 Conduct hearings in a fair, impartial, courteous, and professional mariner. 9, Hear testimony and evidence from parties regarding the issues. 10. Prepare written decisions, which set forth the legal and evidentiary basis for the decision, and adapt findings as required by the particular provisions of the Santa Ana Municipal Code ($AMC). 11. Perform all other services as outlined lit the resulting agreement for services upon aware... 12. Hearing Officers will confirm the absence of conflicts before undertaking any new matters for the City. Hearing Officers will inform and seek the consent of the City before representing another client in any matter directly averse to the City (e.g., transactions, negotiations, proceedings, or other representations involving specific parties). 13. Hearing Officer Will be required 'to provide Hearing Officer services upon acceptance of assignments. Failure to comply with statutory or City required timelines for scheduling hearings may be cause for termination of the Agreement with the City, 14. Hearing preparation could include, but is not limited to, reading the file materials and familiarization with SAME provisions at issue, hearing materials, and rules of evidence. # 15. Virtual Hearings; City will provide virtual meeting link to all parties, The dates and times of said hearings shall be designated by the City, but normally will be conducted during the City's Regular Business Hours. City of Santa Ana RFP No.24-127 'age 17 of 34 CITY OF SANTA ANA a. The City's Regular Business Hours, excluding City holidays, are. • Monday through Thursday from 7:30 AM to 5 30 PM: and • Alternate Fridays from 8:00 AM to 5:00 PM 16. In-Person Hearings: City will provide hearing roon;s, use of copiers, documents, materials, and equipment necessary for carrying out hearings. Locations and times of said hearings shall be designated by the City, but normally will be conducted during Regular Business Hours of the City. • Hearings held in person will be held at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. 17.All hearings shall be conducted in English and. if necessary, with the assistance of foreign language translator as provided by petitioners/appellants/applicants/contesting parties or the City. 18. City staff will coordinate the recording of hearings, if applicable. Assistance may be requested from the Hearing Officer during recording sessions. i 9. Hearing Officers shall have a duty to notify the City of any actual conflict of interest of suspected conflict of interest immediately upon discovery, for consideration of appointment of an alternative Hearing Officer. B. REPORTS AND DELIVERABLES 1. Hearing Officers shall be required to submit a typed Statement of Decision for each hearing conducted within the statutorily or City required time following the closing of the hearing record in a format approved by the City. The decision shall include findings, conclusions, and provide judicial review information. Failure to comply with required timelines for issuing written decisions may be cause for termination of the Agreement with the City. 2. Hearing Officers shall provide a detailed invoice for services rendered each month, including the case number, hearing date, time incurred, and hourly rate. C. APPLICABLE SANTA ANA MUNICIPLE CODE (SAMC) Administrative Hearing Officers and their relevant services will be made available per SAMC for the subject areas listed below. Full text for all SAMC referenced herein is available at: https://www.santa- ana.org/chatter-and-municipal-code/ 1. Code Enforcement • Related to the broad enforcement of the City of Santa Ana Municipal Code, including but not limited to administrative citations issues for property maintenance violations, nuisance abatement, building code violations, lack of a permit issuance, revocation/denial of Certificates of Occupancy, plan n.ng/zoning, and all other Code Enforcement abatement actions • Other hearings may be requested in other City of Santa Ana Agency's/Departments outside of the Planning and Building Agency at the approval of the Executive Director of Planning and Building or their designee. City of SNom An" RFr=No 24-1 27 Peye 18 of 34 CITY OF SANTA ANA 2. Environmental Sanitation Violations • SAMC § 1-18.2 and SAMC § 1.21 w Related to administrative citations Issued by Sanitation Inspectors for right-of-way obstructions, illegal advertising, and weed/rubbish abatement 3. Buildings and Structures * SAMC§ 8 (Various Subsections) • Related to the enforcement of state building standards and the denial of permits, approvals, certificates of occupancy, or completion 4. Rent Stabilization and Just Cause Eviction * SAMC § 8-3145(f) (Per Ordinance No, NS-3052) * Related to the Petition Process involving landlord(s) and tenant(s), under the City's Rent Stabilization and Just Cause Eviction Ordinance (which limits rent increases mandates "just cause" requirements for termination of tenaticies, and establishes a.rental registry) S. Refuse Violations * SAMC § 16 (Various Subsections) • belated to administrative citations issued for the improper dumping and elimination of paper, cans, bottles, ashtray accurWations, refuse, trash, rubbish, or other filth in any public or private;properties 6. Public Safety Sensitive Business Establishments * SAMC § 18-90 through 18-105; SAMC§ 22ri1 through 22-16 Related to public safety regulation of certain businesses including tobacco retail licenses and massage establishments 7. Non-Regulatory Business License Tax SAMC §21-41 P Related to the determination of the amount of license tax due to the City fears any business operator (aside from cannabis), with any penalties, interest, and charges (including fees). 8. Cannabis Business License Tax • SAMC § 21-41 s Related to the determination of the amount of license tax due to the City from a cannabis operator, together With.any penalties, interest, and charges(including service fees) 8. Hotel Visitors Tax(more commonly known as Transient Occupancy Tax) * SAMC § 35-133 • Related to the determination of the amount of tax due to the City from a transient occupying a hotel based upon the rent charged by the operator 10, Utility Users Tax for Electric, Gas &Telecommunications Services • SAMC § 35-173 • Related to the determination of the amount of tax due to the City from every person using electricity, gas, and telecommunication services within Santa Ana City of Santa Ana RFP No.24-127 Page 19 of 34 Exhibit B COST PROPOSAL 1. My current.billing rate is $250.00 per hour. While I've never billed a flat fee rather than incremental tune, I would honor the City's preference and would propose a two-tier in- voice structure. 2. Routine hearings in the categories in Attachment A,whether in-person or virtual, will be billed at$2,500.00. Lengthy or more complex hearings, which would be rare,nill be billed at&5,000.00. 3. The rates are all-encompassing acid include administrative tasks, hearing prepara- tion, document review,conduct of hearings, adjudications,and closings. 4. Hearings canccicd s dht n 8 hours of thcir scheduled time nil result in a$500.00 charge. 5. Applicants not appearing for an in-person hearing«ill give rise to a$500.00 charge. There is no charge for no-show applicants appearing virWi ly. 6. No fee is assessed for initial orientation and subsequent tratnuigs,whether or not remote. Santa Ana contract - Bob Snider Final Audit Report 2025-02-28 Created: 2025-02-27 By: Kristin Andrade(kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAwTH_gjVjlPkQs1AcnYIK7CkgpAEeLLbI "Santa Ana contract - Bob Snider" History �l Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-02-27-5:28:00 PM GMT Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-02-27-5:29:33 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-02-27-8:16:57 PM GMT d© Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date:2025-02-28-2:08:14 AM GMT-Time Source:server ® Agreement completed. 2025-02-28-2:08:14 AM GMT 0 Adobe Acrobat Sign ACbR ® CERTIFICATE OF LIABILITY INSURANCE P ATE(MMIDDIYYYY) 03/27/2025 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 Jonathan Rusin NAME: MOTZ RUSIN INSURANCE AGENCY INC. PHONE 760 564 3888 ac No), PO Box 5490 AIL ADDRESS: jonathan@motzrusin.com INSURERS AFFORDING COVERAGE NAIC# La Quinta CA 92248-5490 INSURER A: ACE Fire Underwriters Insurance Company 20702 INSURED INSURER B: Robert M.Snider,Attorney at Law INSURER C: 360 Crest Lake Dr INSURER D: INSURER E: Palm Desert CA 92211 INSURERF: 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 I rypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DDIYYYY) (MMIDDrfYYYJ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE ]OCCUR DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A X X D02898676 04/01/2025 04/01/2026 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED 75ROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB FCLAIMS-MADE AGGREGATE S DED I I RETENTIONS $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE ❑ N!A E.L.EACH ACCIDENT $ OFF ICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is requ APPROVED Blanket Additional Insured Endorsement Applies !7 I I� �I Primary and Non-Contributory Endorsement Applies By Tu Tran Nguyen at 3:05 pm,Apr 04,2025 Waiver of Subrogation Included Digitally signed Tu Tran byTu'r— Certificate Holder Listed as Additional Insured Nguyen Nguyen 15r0605-0 o0 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE (� - V- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT Named Insured Endorsement Number ROBERT M. SNIDER ATTORNEY AT LAW BOP47635a0716 Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER I D02898676 04-01-2025 to 04-01-2026 04-01-2025 Issued By(Name of Insurance Company) ACE Fire Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TABLE OF CONTENTS Page Supplementary Payments—Bail Bonds And Bonds To Appeal Judgments—No Sublimit 2 Medical Expenses—Three Years To Report Expenses 2 Non-Owned Watercraft Under 55 Feet 2 Non-Owned Aircraft 2 Damage To Property Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured—Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured—Employees(Including For CPR and First Aid An=ANreement 3 Additional Insured—Lessor Of Leased Equipment4 Additional Insured—Managers Or Lessors Of Premises4 Additional Insured-Vendors 5 Additional Insured—Other Persons Or Organizations Pursuant To Co6 Dama a To Premises Rented To You—$1 000,0007 Per Location General Aggregate Limit With Combined Total re ate Limit 8 Knowledge/Notice Of Occurrence 9 Bodily In'u , Including Resulting Mental Anguish 9 Coverage Territory, Limited Worldwide 1.0 Personal In'u , Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, Including Prima Provision 10 Waiver Of Subrogation Required By Contra This endorsement modifies the coverages provided under the Businessowners Coverage Form. Notwithstanding anything to the contrary,the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement.The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. A. SUPPLEMENTARY PAYMENTS—BAIL BONDS AND BONDS TO APPEAL JUDGMENTS-NO SUBLIMIT In Section II -Liability, Paragraph A. Coverages, 1.f.Coverage Extension—Supplementary Payments, subparagraphs(1)(b)and (c)are replaced by the following: (b) The cost of bail bonds, but only for bond amounts within the available limit of insurance.We do not have to furnish these bonds. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 1 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds. B. MEDICAL EXPENSES—THREE YEARS TO REPORT EXPENSES In Section II—Liability, Paragraph A. Coverages,2. Medical Expenses, subparagraph a.(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident;and C. NON-OWNED WATERCRAFT UNDER 55 FEET In Section it -Liability, Paragraph B. Exclusions, subparagraph (2)of Exclusion 1.g.Aircraft,Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT In Section II-Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g. Aircraft,Auto or Watercraft in Section II--Liability: This exclusion does not apply to an aircraft you do not own provided: 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. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge, E. DAMAGE TO PROPERTY-EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II -Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k. Damage To Property: Paragraphs (3) and (4)of this exclusion do not apply to"property damage"to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site. F. WHO IS AN INSURED-SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II -Liability, Paragraph C.Who Is an Insured is amended to include the following: If there is no other Insurance available, each of the following is also a Named Insured: BOP-47635a(07116) Includes copyrighted material of insurance Services Office,with its permission,2016. Page 2 of 11 1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or 2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. WHO IS AN INSURED -EMPLOYEES(INCLUDING CPR AND FIRST AID)AND VOLUNTEER WORKERS In Section II-Liability, Paragraph C.Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your"employees"but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no"employee" is an insured for: (1)"Bodily injury"or"personal and advertising injury": (a) To you,to any of your directors, managers, members, "executive officers"or partners (whether or not an"employee )or to any co-"employee"while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a)above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a)or(b)above. With respect to"bodily injury"only, the limitations described in Paragraph 2.a.(1)above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds.The limitations also do not apply to your"employees"as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an"employee". (2) "Property damage"to any property owned, occupied or used by you or by any of your directors, managers, members,"executive officers"or partners (whether or not an "employee")or by any of your"employees".This limitation does not apply to"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner. b. Your"volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section II -Liability, Paragraph C.Who Is an Insured,the following is added: 2. Each of the following is also an insured: BOP-47636a(07I16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 3 of 11 LESSOR OF LEASED EQUIPMENT e. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However,the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However,the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds. VENDORS g. Any person or organization who is a vendor of"your products", but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the BOP-47636a(07116) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) Bodily injury' or property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (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 such inspections,adjustments, tests or servicing as the vendor 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 vendor's premises in connection with the sale of the product; (g) Products which,after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor 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 Subparagraph (d)or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor 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. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. With respect to the insurance afforded to these vendors, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: i (1) Required by the contract or agreement; or (3) Available under the applicable Limits Of Insurance shown in the Declarations; BOP-47635a(07116) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 5 of 11 whichever is less. This shall not increase the applicable Llmits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However,such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified under any other provision of Paragraph C.Who is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C.Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets;or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly,for any: (1) 'Bodily injury"or"property damage"that occurred; or (2) "Personal and advertising injury"arising out of an offense first committed; in whole or in part, before such acquisition Is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e.,f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of insurance. The most we will pay on behalf of such person or organization is the amount of insurance: 13OP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 6 of 11 (1) Required by the contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. I. DAMAGE TO PREMISES RENTED TO YOU--$1,000,000 In Section 11-Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3. and 4. are deleted and replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of"property damage"to any one premises while rented to you or while temporarily occupied by you with permission of the owner is$1,000,000, 4. Aggregate Limits The most we will pay for: a. All"bodily injury"and "property damage"that is included in the"products-completed operations hazard"is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury"and"property damage"except damages because of"bodily injury"or"property damage"included in the"products-completed operations hazard"; (2) Plus medical expenses; (3) Plus all"personal and advertising injury"caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section II—Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section 11 -Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance,the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all"bodily injury"and "property damage"caused by"occurrences"under Paragraph A.I. Business Liability,and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses,which can be attributed only to a single "location": BOP-47636a(07116) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 7 of 11 a. A separate Location General Aggregate Limit will apply to each 'location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for"bodily injury"or"property damage"under Paragraph A.I. Business Liability, except in connection with "bodily injury"or"property damage"included in the"products- completed operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of: (1) Insureds; (2) Claims made or"suits"brought; or (3) Persons or organizations making claims or bringing"suits". C. Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that"location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other"location". d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Prod uctslCompleted Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit. 2. Subject to the Combined Total Aggregate Limit shown in the Declarations,for the sum of all damages that the Insured becomes legally obligated to pay for all"bodily injury"or"property damage" caused by occurrences under Paragraph A.I. Business Liability and for all medical expenses caused by accidents under Paragraph A.2.,which cannot be attributed only to operations at a single"location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2,for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Prod uctslCom pleted Operations Aggregate Limit,whichever is applicable; and b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single"location". 3. Subject to the separate Location General Aggregate Limit and all other applicable limits,the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of"locations". 4. Any payments we make for"bodily injury"or"property damage" included in the "products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit regardless of the number of"locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single"location." 5. As used in this endorsement,"location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of-way of a railroad. 6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. K. KNOWLEDGE/NOTICE OF OCCURRENCE In Section II -Liability, Paragraph E. Liability and Medical Expenses General Conditions,2. Duties In the Event Of Occurrence,Offense,Claim or Suit is amended to include the following: BOP-47635a(07116) Includes copyrighted material of insurance Services Office,with its permission,2016. Page 8 of 11 e. Knowledge of an"occurrence" or offense by an agent or"employee"of the insured will not constitute knowledge by the insured, unless an "executive officer"(whether or not an "employee")of any insured or an "executive officer's" designee knows about such`occurrence"or offense. Failure of an agent or"employee"of the insured, other than an"executive officer"(whether or not an"employee") of any insured or an "executive officer's"designee,to notify us of an "occurrence"or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies,the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim. L. BODILY INJURY,INCLUDING RESULTING MENTAL ANGUISH In Section 11 -Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following: 3. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death,humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease. M. COVERAGE TERRITORY, LIMITED WORLDWIDE In Section 11 -Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following: 4. "Coverage territory" means all parts of the world. However,"coverage territory"does not include any: a. "Bodily injury"or"property damage"that takes place or any offense committed outside of the United States of America(including its possessions and territories), Canada and Puerto Rico, unless the insured's responsibility to pay damages is determined by a"suit"on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico;or b. injury or damage in connection with any"suit"brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico. N. PERSONAL INJURY,INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In Section II -Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following: h. Discrimination, harassment or segregation based on a person's age,color, national Origin, race, religion or sex unless committed by or at the direction of any"executive officer", director, stockholder, partner or member of the insured. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2416. Page 9 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section III—Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud Is amended to include the following additional paragraph: Unintentional failure of an "employee"of the insured to disclose a hazard or other material information will not violate this condition, unless an"executive officer"(whether or not an "employee")of any insured knows about such hazard or other material information. P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION In Section III--Common Policy Conditions, Paragraph H.Other Insurance, subparagraphs 2, and 3. are replaced by the following: H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance,whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for ..your work'; (b)That is insurance that applies to"property damage"to premises rented to you or temporarily occupied by you with permission of the owner;or (c)If the loss arises out of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1.Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess,we will have no duty to defend the insured against any"suit"if any other insurer has a duty to defend the insured against that"suit." If no other insurer defends,we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss, if any,that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP-47635a(07116) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 10 of 11 (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III—Common Policy Conditions, Paragraph K.Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: 2. Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived,those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,the insured will bring "suit" or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage. All other terms and conditions of the policy remain unchanged. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 11 of 11 BUSINESSOWNERS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and BP 14 88 07 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 f�llll l��l lI��I11 ��Ill�ll l���li III jjj�j III l� IIIl� Il���l l ilk l l� PERSONAL UMBRELLA LIABILITY POLICY 1 POLICY CHANGE ACKNOWLEDGMENT LI � RLI Insurance Company RPeoria,Illinois 61615 A stock insurance company,herein called the Company Policy Namher PUP2233277 3/5/2024 Named Insured Agent MARTHA SNIDER 90216 ROBERT M SNIDER • Comparion Insurance Agency LLC (877)882-8189 PALM DESERT,CA 92211 175 Berkeley St Boston,MA 02116 Effective Date of Change 03/07/2024 The second named insured has been changed to: ROBERT M SNIDER The second named insured forinerly was known as: Insured's Brokering Agentr Comparion Insurance Ageircy LLC-A2028 Attached to and forming a part of the policy of the RLI Insurance Company.All other terns and conditions remain unchanged. PUP 330(01/11) Iglgl II IIIIIII NI q�NIII IIII IIN IIIII IIII IqN IIII qNl IIII IIII ql III RLI Insurance Company RLI Peoria,IL 61615 A stock insurance company,herein called the Company PERSONAL UMBRELLA LIABILITY POLICY This Declarations page with"Policy Provisions"and endorsements completes this policy. DECLARATIONS Policy Number PUP2233277 2/26/2024 Named Insured&Mailing Address Agent MARTHA SNIDER 90216 Comparion Insurance Agency LLC (877)882-8189 PALM DESERT,CA 92211 175 Berkeley St Boston,MA 02116 Primary Residence Address(if different than above) Insured's Brokering Agent Same As Above A2028 Companion Insurance Agency LLC Policy Period — 12:01 A.M.standard time at the address of the Named Insured as stated herein. From 03/07/2024 To 03/07/2025 Limit of Coverage $5,000,000 each occurrence Fire,Weapon and Unmanned Aircraft Aggregate Limit $5,000,000 Excess Uninsured/Underinsured Motorists Limit of Coverage $1,000,000 each accident Policy Premium $1,017 Forms included at issuance of policy will appear on Page 2 of this Declaration. REQUIRED BASIC POLICIES You agree that you and any Relative covered by this policy will be insured under the applicable Basic Policies for at least the Required Minimum Limits of Coverage listed below through the entire Policy Period for the following: 1. Any Automobile you or your Relative own or operate; 2. Any home,seasonal,secondary or rental property,or farm,you or your Relative own,reside in,lease or rent;and 3. Any Recreational Vehicles or Watercraft,you or your Relative own or operate. Basic Policy Required Minimum Limit of Coverage A. Automobile Liability Bodily Injury $ 500,000 each person $ 500,000 each occurrence Property Damage $ 50,000 each occurrence or Bodily Injury and Property Damage Combined Single Limit $ 500,000 each occurrence (continued on page 2) PUP 301 (01/21) Page 1 of 2 Basic Policy Required N inimtun Limit of Coverage Bodily Injury $ 500,000 each person B. Uninsured/Underinsured Motorists $ 500,000 each occurrence Property Damage $ N/A each occurrence or Bodily Injury and Property Damage Combined Single Limit $ 500,000 each occurrence C. Personal Liability for: 1. PRIMARY RESIDENCE H Bodily Injury and Property Damage Homeowners or Personal Liability Combined Single Limit $ 300,000 each occurrence 2. SEASONAL,SECONDARY OR RESIDENTIAL RENTAL PROPERTIES Comprehensive Personal liability or Premises Liability Bodily Injury and Property Damage Combined Single Limit $ 300,000 each occurrence 3. FARM Damage Farmowners or Comprehensive Personal Liability Bodily Injury and Property Combined Single Limit $ 300,000 each occurrence Injury Bodily Inry $ 100,000 each person D. Recreational Vehicle Liability $ 300,000 each occurrence Property Damage $ 25,000 each occurrence or Bodily Injury and Property Damage Combined Single Limit $ 100,000 each occurrence E. Watercraft Liability Bodily Injury $ 300,000 each person (including,but not limited to, $ 300,000 each occurrence personal watercraft) Properly Damage $ 100,000 each occurrence or Bodily Injury $ 250,000 each person $ 500,000 each occurrence Property Damage $ 100,000 each occurrence or Bodily Injury and Property Damage Combined Single Lin-tit $ 300,000 each occurrence Forms included at issue: PUP 320(01/21) POLICY PROVISIONS PUA 404(01/21) STATE AMENDATORY PUP 325C(01/21) UM/UIM ENDORSEMENT ILF 0001 (04/22) SIGNATURE PAGE Page 2 of 2 PUP 301 (01/21) LAWYER MUTUAL INSUHANGE (:C]M.4 ANY CERTIFICATE OF INSURANCE This is to certify that the Professional Liability policy designated below has been issued to the insured attorney or attorney firm named below and is in force at this thne. Should the described policy be canceled before the expiration date thereof, the issuing company will endeavor to mail 3o days written notice to the below named certification holder,but failure to mail such notice shall impose no obligation or liability of any bind upon the company. 1.. Certificate holder: 2.Name and address of Insured: City of Santa Ana,its City Council, Robert M.snider officers,officials,employees, agents, Attorney at Law and volunteers PO Box 11243 20 Civic Center Plaza Palm Desert,CA 92255 Santa Ana,CA 92701 3.Coverage Type: 4.Limits of Liability 5. Policy Number 6.Policy Period Lawyers $2,0ao,000 each 032666-8T-00 J 12-01-24 t0 12-01-25 Professional claim Liability $4,000,000 aggregate $5,000 deductible *Policy is effective and expires at 12.o1 a.m.,standard time at the address of the named insured as stated herein. °*Retroactive Date:December o1,2o18 19us is a"Claims-Made"policy. The coverage afforded by this policy is limited to Claims arising from the performance of Professional Services which are first made against the Insured and reported in writing to the Company while the policyis in force. This certificate of insurance neither amends, extends nor alters the insurance afforded by the policy designated above. The insurance afforded is subject to all of the terms of the policy,including endorsements, applicable thereto. **As used herein,"Retroactive Date"refers to the dated stated in the Prior Acts Endorsement or Prior Acts Inclusion Endorsement of the Policy of insurance referred to herein. Lawyers,Mutual lrisurwlce 05tilpatiy 1+ ANDREWCHWK �'IYKI(1CI11 7FL:81B-565-5512 FAX 818-5611i 5516 3110 West Empire Avenue. Borbarik. Calitorma 9150E lawy�rsm�tua9.con] CITY OF SANTA ANAr Risk Management a division of Human Resources Managing Risk through Awareness and Action tfit-¢ AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE 1, �.�o�s -Representative"),attest that I am an authorized ��Name an nle of endor R resentauve) representative of RQ&Ej��,� (th _�(�J(�LL�-� LAW _("Company"),and (�on_sultant/Cor panty 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 Ai>.41NJ 9TRpT(VE NEAIR I N G11 ("Services"): (Services to be provided under a eemen 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 professional 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. 3W Lt2y 9-1 Q ' Signature [)al -DER- Print Name A1�o>?,ni Ar LAB✓ - Title t 9 lu ja Contact Infotma ton,t.e.,Telephone NumbkAar 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 1N SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensatlon Insurance 11.12.2024