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HomeMy WebLinkAboutMDG ASSOCIATES, INC (4) INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK A-2025-138 DATE: AUG 2 8 2025 o:eart {e�) SrendgVQ�G CAz) AGREEMENT FOR HUD GRANT MANAGEMENT SERVICES BETWEEN MDG ASSOCIATES, INC.AND THE CITY OF SANTA ANA THIS AGREEMENT, made and entered into this 19th day of August, 2025, by and between MDG Associates, Inc., a California 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("City"). RECITALS A. On May 7, 2025, the City issued a Request for Proposal No. 25-076A ("RFP"), by ' which it sought an experienced consultant to provide comprehensive financial, grant monitoring, administrative and technical support services for federally funded subrecipient programs through the United States Department of Housing and Urban ! Development ("HLTD"), including the Community Development Block Grant ("CDBG"), HOME Investment Partnership Program ("HOME"), and Emergency Solutions Grant C ESG"), during the 2025-2026 Fiscal Year, B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide services described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full, C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the terin of this Agreement, the tasks and obligations j including all labor,materials, tools, equipment, and incidental customary work required to fully and j adequately complete the services described and as set forth in Scope of Services - Exhibit A attached hereto and incorporated herein. 2. COMPENSATION i a. The City agrees to pay, the Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed 5100,000 per year, which includes $300,000 for the entire term of the Agreement. 1 i Page 1 of 9 i I i k EXHIBIT 2 b. 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 owning under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH'vendor Payment Authorization and provide required documentation, Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. j 3. TERM 1 This Agreement shall commence on the date first written above and terminate on June 30, 2028, unless terminated earlier in accordance with Section 15, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. � 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an a 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 i applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any mid 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-exciusive 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 anytime,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 1 I i EXHIBIT 2 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. i 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability; (1) for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. S. INTELLECTUAL PROPERUY 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 Agreernent. 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 Page 3 of 9 i F f EXHIBIT 2 { 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 F 1 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 i 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 i disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. If. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or.amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CaIPERS retiree as authorized by City Council resolution d. 'l.lie Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement, The Consultant warrants that it is not now aware of any facts which i I Page 4 of a i I i i EXHIBIT 2 conflict with the prohibitions defined above. if the Consultant hereafter becomes i aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated �. and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b) and(c) above. 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 vetdran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written,between the parties. In the event of a'conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, 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. i Page S of 9 i i 1 EXHIBIT 2 15. TERMINATION This Agreement may be tertninated 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: I a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. l b. Payment need not be made for work Which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and sighed 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. VENUEIJURISDICTI[ON � This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the tern 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. { Page 6 of 9 f t k i if i EXHIBIT 2 3 3 19. VrALIDITY a The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. I 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by facsimile 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, California 92702•-1988 ;Facsimile(714)647-6956 With courtesy copies to: Community Development Agency City of Santa Ana 20 Civic Center Plaza(M-25) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile(714) 647-6549 City Attorney City of Santa Ana 1 20 Civic Center Plaza(M-29) P.O.Box 1988 Santa Ana,California 92702 Facsimile(714) 647-6515 i i To Consultant: i MDG Associates, Inc. 1 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 Phone. (909)476-9696 Page 7 of 9 i EXHIBIT 2 i Facsimile: (909)476-6086 1 i 21. MISCELLANEOUS PROVISIONS ' a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow) Page 8 of 9 i EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA c� HAL Alvaro Nunez City Cler City Manager APPROVED AS TO FORM: CONSULTANT SONIA R. CARVALHO MDG Associates, Inc. City Attorney q GCS 4 �/ G�(C u - / l- By By' � ANDREA GARCIA-MILLER Rudy Munoz`, Assistant City Attorney President UEI4: TCUDX2G9CMT3 RECOMMENDED FOR A PROVAL: MICHAEL L. GARC� IA Executive Director Community Development Agency Page 9 of 9 S EXHIBIT 2 A EXHIBIT A SCOPE OF SERVICES 1 :f I i a 1 I G 3 EXHIBIT 2 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. General Responsibilities of the Consultant Consultant will provide select monitoring and technical support services, as well as administrative services for the City of Santa Ana's CDBG, HOME, and ESG Programs. The technical assistance and administrative services will be on-call for any forms of assistance or service related to these grant programs. This means the consultant may be required to administer or manage any form or part of the CDBG, HOME, and ESG Programs at any paint-in-time on behalf of the City. These services also apply to the close-out and transfer of one-time grants for the Neighborhood Stabilization Program (NSP 1, 2 & 3). These services also include the City's Citizen Participation Plan Review, Language Access Plan Update, Consolidated Plan and Annual Action Plans, including any public meetings, completion of the draft Consolidate Plan and Annual Action Plans, Submission of the Consolidated Plan and Annual Action Plans in IDIS, and Acceptance of Consolidated Plan and Annual Action Plans by HUD. This Scope of Services is not meant to be exhaustive relative to the administration or management of any form or part of the CDBG, HOME, and ESG Programs. Amongst the services to be provided, monitoring is highlighted below in detail as an example of the level of detail required by the Consultant: MONITORING Coordinate and finalize the monitoring visits directly with each sub-recipient and conclude follow up each fiscal year no later than June 1st. 1. Monitoring Letter Send a monitoring letter to each subrecipient requesting an appointment and indicating required documentation to be reviewed at the onsite monitoring. 2. Hold an Entrance Conference Hold an entrance conference onsite with the subrecipients'appropriate financial and%or program staff immediately before the monitoring to ensure that all subrecipient staff have a clear understanding of the purpose, scope and schedule of the monitoring. 3. Review Financial and/or Program Documents Utilize applicable HUD Forms from CPD Monitoring Handbook for Subrecipient Oversight for CDBG, ESG, and HOME or any other forms that Consultant deems acceptable for monitoring standards. Proposed forms are to be submitted for review to the City for preapproval by the City for use, 4. Hold an Exit Conference Meet with key representatives of the subrecipient organization to: t)present preliminary results of the monitoring visit; 2) provide an opportunity for the subrecipient to correct any misconceptions or misunderstandings; 3) secure additional information from subrecipient staff to clarify orsupport their position; and 4)provide an opportunity for subrecipient staff to report on steps they are already taking to correct the matter. City of Santa Ana RFP No.25-076A Page 17 of 36 EXHIBIT 2 rli CITY OF SANTA ANA 5. Draft Monitoring Letter for City's Review Draft a monitoring letter to subrecipient for the City's review after the monitoring visit. Letter should include observations, concerns, findings, recommended actions and/or corrective actions. & Follow-Up Follow-up on outstanding corrective actions and draft final monitoring close-out letter for the City's review, MONITORING STANDARDS All monitoring activities conducted under this engagement shall adhere to the standards and requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as Uniform Guidance), codified at 2 CFR Part 200. The consultant is expected to perform monitoring in a manner consistent with the principles of accountability, transparency, and risk-based oversight. This includes, but is not limited to, the following key components: 1. Compliance with Federal Regulations: All activities must align with the compliance requirements outlined in 2 CFR 200, including Subpart D (Post Federal Award Requirements) and Subpart F (Audit Requirements), ensuring that subrecipients use federal funds for allowable and eligible purposes. 2 Internal Control Evaluation: The consultant must assess the effectiveness of each subrecipient's internal control systems in relation to financial management, procurement practices, and programmatic operations, as described in 2 CFR §200.303. 3. Risk Assessment: Monitoring shall include a documented risk-based approach to determine the appropriate level of oversight for each subrecipient, consistent with the guidance in 2 CFR §200.331(b). This includes evaluating prior performance,financial stability, and the complexity of funded activities. 4. Performance and Financial Monitoring: The consultant will verify that programmatic goals are being met and that financial reporting, cost allocations, and expenditures conform to applicable federal guidelines and the specific terms and conditions of each sub-award. 5. Corrective Actions and Technical Assistance: If deficiencies are identified, the consultant shall provide clear recommendations for corrective action and, where appropriate, offer technical assistance to ensure timely and effective remediation_ 6. Documentation and Reporting: All monitoring findings, recommendations, and follow-up actions must be thoroughly documented in accordance with 2 CFR §200.334 (Retention Requirements for Records), and submitted in a timely manner to City staff for review. These monitoring standards are designed to safeguard federal funds, support program integrity, and ensure the City of Santa Ana and its subrecipients maintain compliance with all applicable laws and regulations. City of Santa Ana RFP No.25-676A Page 18 of 36 EXHIBIT 2 ``r11 CITY OF SANTA ANA The monitoring will include second quarter billings and performance for fiscal year 2025-2026. City of Santa Ana RFP No.25-076A Page 19 of36 EXHIBIT 2 EXHIBIT B � COMPENSATION i i #I i i EXHIBIT 2 MDG Associates, Inc., is pleased to submit a cost proposal to provide the City of Santa Ana with the services outlined in the Request for Qualifications for U.S. Department of Housing and Urban Development (HUD) Grant Management Services. Our proposed pricing structure consists of a combination of fixed lump sum fees for defined tasks and hourly rates for as-needed or variable services. This blended approach is intended to provide the City with predictable costs for core activities while maintaining flexibility to address specialized or unanticipated needs. Details are provided in Table 1 below. Table 1: Lump Sum Items !. 1 .. _ Program and Financial monitoring of up to five (5) Community Development Block Grant sub- $16,150 recipients providing fair housing and/or public services. Financial monitoring of up to three(3) Emergency Solutions Grant sub-recipients. Two sub- $9,450 recipients provide one activity and one subrecipient provides three activities Project monitoring of two (2)Community Development Block Grant capital improvement $6,450 projects. Financial monitoring of two(2) HOME projects $22,160 Monitoring-Sub Total: $54,210 Technical support to enhance project documents and reporting documents for compliance To be billed with all applicable regulations hourly* *Due to unknown level of need and subject matter, we are proposing to bill the technical assistance (TA) on an hourly basis. If requested, MDG can provide a budget for each TA assignment requested by the City. Note that MDGs' lump sum prices will increase at a rate of 2.5%annually should the City exercise its option to extend the contract. The hourly rates for the technical assistance component will also increase annually as provided in Table 2 below. 15 EXH I BIT 2 Table 3:Rate Schedule-5 Year Schedule (Hourly Rates) President/Sr. Exec.Vice-President $175.00 $179.00 $184.00 $188.00 $193.00 Vice-President $164.00 $169.00 $173.00 $178.00 $183.00 Director $154.00 $158.00 $162.00 $166.00 $171.00 Deputy Director $139.00 $142.00 $146.00 $150,00 $154.00 Manager $123.00 $127.00 $130.00 $134,00 $138.00 Senior Associate $111,00 $114.00 $117.00 $120.00 $123.00 Associate $100,00 $103.00 $106.00 $109.00 $112.00 Senior Analyst $82.00 $84.00 $86.00 $89.00 $92.00 Analyst $77.00 $79.00 $81.00 $83,00 $66.00 Secretary $54.00 $56.00 $58.00 $60.00 $62 00 **Program year is defined as July 1 to June 30 of the following year. 16 EXHIBIT 2 EXHIBIT C k INSURANCE REQUIREMENTS f I I k I k s f I k I i 6 i f EXHIBIT 2 Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below forthe entire Term of this Agreement against claims for Injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability(CGL):Insurance Services Office Form CG 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 umbrella/excess insurance policies. 2. Automobile Liability:Insurance Services Office Form CA 00 01 covering Code 1(any auto),with limits no less than$1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile Insurance, 3. Workers'Compensation:as required by the State of California,with Statutory Limits,and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,policy or employee,for bodily injury or disease.Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance:with limits no less than$1,000,000 per occurrence or claim, and$1,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above,City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.Any available insurance proceeds in excess of the speci€ied minimum limits of insurance and coverage shall be available to City, Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: I. City,its City Council,Its officers,officials,employees,agents,and volunteers are to be covered as additional insureds,under Consultant's CGL and Automobile Liability policies,with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials,parts,equipment,and personnel furnished In connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council,its officers,officials,employees,agents,and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this Agreement,Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council,Its officers, officials, employees,agents,or volunteers shall not contribute with it. 1 EXHIBIT 2 4. A severability of Interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each Insured against whom a claim Is made or ' suit is brought,except with respect to the Insurer's limits of liability. 5. 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.Ten(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non- payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director,Community Development Agency, 20 Civic Center plaza,M-25, Santa Ana,CA 9270L The name and location of project must be included in the Description of Operations section of each certificate. Self-insured Retentions Self-insured retentions must be declared to and approved by the City.The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related Investigations,claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M.Hest rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance Including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement page of the CGL policy listing all policy endorsements 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,certified copies of all required insurance policies,including endorsements required by these specifications, at anytime, Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer,coverage,or other special circumstances. ( MDGASSO-01 CFRANCIS ACORO CERTIFICATE OF LIABILITY INSURANCE FDAT 9/4/2025 9/4/2 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 NAONTACT Chip Francis Kelley,Jiggins&Associates PHONE FAX o,EM:(626)396-1035 455 N. El Molino Ave. (A/C,N A/C,No):(626)396-1045 Pasadena,CA 91101 ApDRIE .chip@kjains.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:West American Insurance Company 44393 INSURED INSURER B:Ohio Security Insurance Company 24082 MDG Associates, Inc. INSURER C:American Fire 8r Casualty Co. 24066 10722 Arrow Route,Ste.822 INSURER D: Rancho Cucamonga,CA 91730 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBINSD p POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR BKW57179298 7/1/2025 7/1/2026 DAMAGE TO RENTED 200,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY PR& LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident)X ANY AUTO X X BAS57179298 7/1/2025 7/1/2026 BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON- WNED PROPERTY DAMAGE AUTOS ONLY AUTO ONLYPer accident $ $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE 4,000,000 X EXCESS LIAB CLAIMS-MADE ESA57179298 7/1/2025 7/1/2026 AGGREGATE $ 4,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holders are named as Additional Insured on General Liability per blanket form CG8810 0413 and on Auto Liability per form AC8543 0618. Complete Additional Insured: The City of Santa Ana,Its officers,employees,agents and volunteers,but only as respects the insured's operations as it relates to their signed contract in regards to the CDBG Administration Consulting Services per form CG8810 0413; Primary Insurance and Transfer of rights or recovery against others is included in the form. Tu Tran Digitally signed by Tu Tran Nguyen Nguyen 7D6:45 34-07'00'5 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 4:44 pm,Sep 05,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Executive Director, Community Development Agency 20 Civic Center Plaza, M-25 AUTHORIZED REPRESENTATIVE Santa Ana,CA 92701 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 79/4/2025 E(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Select Business Team The Buckner Company of Colorado PHONE FAX 6400 S. FIDDLERS GREEN CIRCLE, SUITE 950 A/C No Ext: A/c,No: Greenwood Village CO 80111 ADDRESS: select@buckner.com INSURER(S)AFFORDING COVERAGE NAIC# License#:480397 INSURERA: Certain Underwriters at Lloyds 15792 INSURED MDGASSO-02 INSURER B MDG Associates, Inc. 10722 Arrow Route, Suite 822 INSURER C: Rancho Cucamonga CA 91730 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:70058978 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE,( RENTED CLAIMS-MADE PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ❑ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability TMP00025703 7/1/2025 7/1/2026 Aggregate 2,000,000 Per Claim $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 4:45 pm,Sep 05,2 225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Executive Director, Community Development Agency AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza, M-25 Santa Ana CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 79/5/2025 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Christopher Calderon Acrisure Southwest Partners Insurance Services, LLC PHONE FAX 4000 Westerly Place A/C No EXt: 909-987-7600 vc,No): Suite 110 ADDRESS: ccalderon@acrisure.com Newport Beach CA 92660 INSURER(S)AFFORDING COVERAGE NAIC# License#:BR-1801370 INSURERA:State Compensation Insurance Fund of California 35076 INSURED MDGASSO-01 INSURER B MDG Associates, Inc. 10722 Arrow Route Ste 822 INSURER C: Rancho Cucamonga CA 91730 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:239121662 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE,( RENTED CLAIMS-MADE PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y 198075025 7/1/2025 7/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Waiver of subrogation applies to the Workers Compensation policy. APPROVED By Tu Tran Nguyen at 4:45 pm,Sep 05,2025 CERTIFICATE HOLDER CANCELLATION __�] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Executive Director ACCORDANCE WITH THE POLICY PROVISIONS. Community Development Agency 20 Civic Center Plaza, M-25 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 , USA @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD MDG Associates, INC Policy No: BKW57179298 Policy Period 7-1-25 to 7-1-26 COMMERCIAL GENERAL_LIABILITY CG B8 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO 18 AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 a KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 s LIBERALIZATION CLAUSE 7 r BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE B WAVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted materiel of Insurance Servkces Office,Inc.,with its permission Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Ahura Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It Is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and i� 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT z �! Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, s Suboaraarat)h (2) of exclusion 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 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS i. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Llabll- Ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle Ilfts are lifts or hoists used In automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b.Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenants Property Damage) h If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section 1-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- s Ing: Paragraphs (1), (3) and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance_ ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6.under Section III-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of 'property damage" to: a. Any one promise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a promises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a, of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, Is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION if Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the fallowing: (b) The expenses are incurred and reported within three years of the date of the accident; and r. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds_ 2. Paragraph 1.d. is replaced by the following: a d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 'suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1, Paragraph 2. under Section 11 -Who is An insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused In whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage' occurs, or the "per- sonal and advertising injury' is committed, subsequent to the signing of such written contract or written agreement; or ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permisslon. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or teased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily lnjury" or "property damage" included within the "completed operations hazard tea (3) Insurance applies to premises you own, rent, or control but only with respect to the following MW hazards: � (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures: or (b) The construction, erection, or removal of elevators; or 1 le) The ownership. maintenance, or use of any elevators covered by this insurance. However. tis= 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when- (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of 'your work" out of which the injury or damage asses has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a par, of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. e With respects to Paragraph 1.c. above, this insurance does not apply to any 'occurrence' which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The Insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Uabllfty Condi- tions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includas copyrighted material of Insurance Services Office,Inc.,with its permisslon. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section 1-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or"property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury' or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage' occurs. c. "Bodily injury", "property damage' or "personal and advertising Injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, tralning or monitoring of others by that insured, if the 'occur- rence" which caused the "bodily injury' or 'property damage", or the offense which caused the "personal and advertising injury', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services_ d. "Bodily injury' or"property damage' occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repalrs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; s whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form ss or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance; If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit Issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the ad& tonal insured Is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. M I ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" ! This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. e 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suft: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or 'suit" under s this insurance to us; c i 8 b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have ® insurance available to the additional insured; and c. Agree to make available any other insurance which the additional Insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or Indemnify an additional insured under this endorsement until e we receive written notice of a"suit' by the additional Insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Llmtts of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS]MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members ('rf you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer s workers" while performing duties related to the conduct of your business: (b) To the spouse, child, parent, brother or sister of that co-"employee" or 'volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or 'personal and advertising Injury" caused by an "employee' who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other 'employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Llberty Mutual Insurance CIS 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permisslon. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee"- K. NEWLY FORMED OR ADDMONALLY ACQUIRED ENTITIES Paragraph 3. of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences' existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Laability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who Is An Insured or a person who has been designated by them to receive reports of 'occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". s s N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision Is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definidons, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. ® 20131.iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,WM Its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury' or "property damage" expected or intended from the standpoint of the insured_ This exclusion does not apply to 'bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and Included In the "products-competed operations hazard' provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that parson or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. it g a 8 ® 20131-Iberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permisslon. Page 8 of 8 MDG Associates, INC Policy No: BAS57179298 Policy Period 7-1-25 to 7-1-26 COMMERCIAL AUTO AC 85 43 08 21 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCE[4ENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named In the title, this endorsement does not apply to vehicles garaged in that specified state, COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS(Including Employee Hired Auto) 2 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE(Including Employee Hired Auto) 6 LOAN/LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE PHYSICAL 8 DAMAGE DEDUCTIBLE—VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON—CONTRIBUTORY—WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 18 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION 11—LIABILITY COVERAGE is amended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION 11—LIABILITY COVERAGE,Paragraph A.I.Who Is An Insured is amended to include the following as an"insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage Is afforded only for 90 days from the date of acqulslUon or formation. However, "insured" does not include any organization that: AC 85 43 08 21 ©2021 Liberty Mutual Insurance Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 05117/2024 57179299 POLSVCS HC Insured Copy (91 Is a partnership or joint venture;or (2) Is an"insured"under any other automobile policy except a policy written specifically to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d.does not apply to"bodily Injury'or"property damage"that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II—UABILITY COVERAGE,Paragraph A.1.Who Is An Insured is amended to Include the following as an"insured": e. Any"employee"of yours while using a covered"auto"you do not own,hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". f. Any"employee"of yours while operating an"auto"hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other Insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II—UABILITY COVERAGE,Paragraph A.I.Who Is An Insured is amended to include the following as an'insured": g. Any person or organization with respect to the operation,malntenance or use of a covered'auto",provided that you and such person or organization have agreed in a written contract,written agreement, or permit issued to you by governmental or public authority, to add such person,or organization,or governmental or public authority to this policy as an"insured". However,such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto' (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and Indemnity. Unless the "insured" has agreed In writing to primary noncontributory wording per enhancement number 23,this policy Is excess over any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II— LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2)and(4)are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Page 2 of 9 C 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 05117/2024 57179298 POLSVCS HC Insured Capy 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II—LIABILITY,Exclusion B.5.Fellow Employee does not apply if the"bodily injury"results from the use of a covered "auto' you own or hire if you have workers compensation insurance in force for all of your "employees"at the time of'loss". This coverage is excess over any other collectible insurance. SECTION III—PHYSICAL DAMAGE COVERAGE Is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III—PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired"autos" are covered "autos"for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow;or b. Your"employee" hires or rents under a written contract or agreement in that"employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for"loss"in anyone"accident"or"loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality,minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. c. Subject to the limit,deductible and excess provisions described in this provision,we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. d. Subject to a maximum of$1,000 per"accident we will also cover the actual loss of use of the hired"auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver;or (2) Any"auto"that is hired, rented or borrowed from your"employee"or any member of your"employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". AC 85 43 08 21 ©2021 Liberty Mutual Insurance Page 3 of 9 Includes copyrighted material of Insurance Services Office,Inc.,with its permissicn. M17/2024 57179298 POLSVCS HC I35L"d Copy 7. TOWING AND LABOR SECTION III—PHYSICAL DAMAGE COVERAGE, Paragraph A.2.Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below,each time a covered"auto'classified and rated as a private passenger type, "light truck"or"medium truck'is disabled: a. For private passenger type vehicles,we will pay up to$75 per disablement. b. For"light trucks",we will pay up to$75 per disablement."Light trucks"are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks",we will pay up to$150 per disablement."Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However,the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions,Transportation Expenses of SECTION III—PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500. 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to$75 per day for rental reimbursement expenses Incurred by you for the rental of an"auto" because of'accident'or"loss',to an"auto"for which we also pay a'loss'under Comprehensive,Specifiers Causes of Loss or Collision Coverages.We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle,which in many cases may be substantially less than$75 per day,and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered"auto".This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other'autos" available for your use and operation cannot fill. e. If"loss"results from the total theft of a covered "auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expanses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. if this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement prevision, materials and equipment do not include"personal effects" as defined in provision 11.113. Page 4 of 9 ©2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 05/17/2024 57179298 POLSVCS HC Insured Copy 10. EXTRA EXPENSE—BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage, Is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects' stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, 'personal effects"mean tangible property that is worn or carried by an "insured.""Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. Exclusions Is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy,the exclusion for"loss"relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any Insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE--VEHICLE TRACKING SYSTEM SECTION III—PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any"loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE,B.Exclusions. Paragraph a.of the exception to exclusions 4.c.and 4.d.is deleted and replaced with the following: Exclusions 4.c.and 4.d.do not apply to: a. Electronic equipment that receives or transmits audio,visual or data signals,whether or not designed solely for the reproduction of sound, if the equipment Is: (1) Permanently installed in the covered "auto' at the time of the "loss' or removable from a housing unit that is permanently Installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the'auto's"electrical system; and (3) Physical damage coverages are provided for the covered"auto". If the "loss' occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. AC 85 43 08 21 ©2021 Liberty Mutual Insurance Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 05/1712024 5717g298 P(Asvcs HC Ensured Copy 15. LOAN/LEASE GAP COVERAGE(Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a"total loss"to a covered "auto"owned by or leased to you in any one"accident' is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the'loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the `loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a"Balloon Loan"; f_ The dollar amount of any unrepaired damage which occurred prior to the"total loss"of a covered 'auto'; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto'; I. Any amount representing taxes; J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the'loss".This adjustment is not applicable In Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto"that incurred the"foss". C. SECTION V—DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "foss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. Page 6 of 9 @ 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. OW17/2024 57179298 POLSVCS HC Insured Copy 16. GLASS REPAIR—WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III—PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D.Deductible of SECTION III—PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to"loss"caused by collision to such covered"auto"of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an"Insured'; b. Legally parked; and c. Unoccupied. The"loss"must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto"must exceed the deductible shown in the Declarations. This provision does not apply to any"loss"if the covered'auto"is in the charge of any person or organization engaged In the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION III—PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same"accident",the following applies to Paragraph D.Deductible: a. tf the applicable Business Auto deductible is the smaller(or smallest)deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller(or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible;or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 19, UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV—BUSINESS AUTO CONDITIONS, Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form,the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. AC 85 43 08 21 rq)2021 Liberty Mutual insurance Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (}5 171202A 571792SS POLSVCS HC Insured Copy 20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS SECTION IV—BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced In Its entirety by the following: a. In the event of"accident", claim,"suit"or"loss",you must promptly notify us when It is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the"employee"designated by the Named Insured to give such notice,if you are a corporation. To the extent possible, notice to us should include: (a) How,when and where the"accident"or"loss"took place; (b) The"insured's" name and address;and (c) The names and addresses of any injured persons and witnesses. 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV—BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, Is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an"accident"or"loss", our rights are waived also. 22. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a 'suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto"hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NON—CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV—BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liabillty Coverage is primary to and will not seek contribution from any othor insurance available to an"insured"under your policy provided that: 1. Such"insured"is a Named Insured under such other Insurance;and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such"insured" Page 8 of 9 ©2021 Liberty Mutual Insurance AC 35 43 08 21 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 05117,7024 57179'0 POLSVCS HC Insured Copy SECTION V—DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V—DEFINMONS, Definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock,fright or death resulting from any of these at any time. AC 85 43 08 21 ©2021 Liberty Mutual Insurance Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. I15/1712024 57179298 POLSVCS HC Insumd Copy STATE Endorsement Agreement COMPENSATION INSURANCE Waiver of Subrogation FUND Blanket Basis 1980750-2025 Home office Renewal San Francisco SP All Effective Dates are 0-27-54-05 at 12:01 AM Pacific Page 1 of 1 Standard Time or the Time Indicated at Effective July 1, 2025 at 12:01 AM Pacific Standard Time and Expiring July 1, 2026 at 12:01 AM MDG ASSOCIATES INC. 10722 ARROW RTE STE 822 RANCHO CUCAMONGA, CA 91730-4843 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2.00% of the total policy premium. Schedule Person or Organization Job Description Any person or organization for whom the Blanket Waiver of Subrogation named Insured has agreed by written contract to furnish this waiver Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, conditions, agreements,or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary,alter,waive or limit the terms, conditions, agreements or limitations in this endorsement. Countersigned and Issued at San Francisco June 30,2025 2572 Authorized Representative President and CEO SF—END Rev.2/2025 OLD DP 217