Loading...
HomeMy WebLinkAboutWILLDAN HOMELAND SOLUTIONS (6) -2012f� 1 .�� AGREEMENT TO PROVIDE GRANT MANAGEMENT SERVICES THIS AGREEMENT, made and entered into this 4`h day of September, 2012 by and between WILLDAN HOMELAND SOLUTIONS, 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 (hereinafter "City "). RECITALS A- 2012 -184 A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the Urban Areas Security Initiative ( "UASI" ), has applied for, received and accepted a grant from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant ". B. The City desires to contract with an expert in providing grant management services. C. Consultant represents that it has the necessary skills and experience to provide assistance in developing grant applications, invoicing and processing payment documents in compliance with grant policies, and maintaining guidelines and polices required by grant providers. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide grant management services as set forth in Exhibit A, attached hereto and incorporated by this reference. All services required hereunder shall conform in all respects to standards and regulations for funding by the U.S. Department of Homeland Security, and the California Emergency Management Agency. Consultant will be responsible for continued training to remain current on the management and reporting obligations required of the various Homeland Security Grant funds. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services and hourly rate of $50.34. Additionally, Consultant shall be reimbursed for training and travel which has been pre- approved, in writing, by City. The total sum to be expended under this Agreement shall not exceed $125,000, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all written papers or materials prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. 4. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2013, unless terminated earlier pursuant to Section 13, below. The terms and conditions of this Agreement may be extended for up to two additional one -year periods on the written agreement of the parties. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, or just compensation, arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -97) Santa Ana, California 92702 Telefacsimile (714) 245 -8745 Attn: Brian Sheldon and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Consultant: Jim Bailey Willdan Homeland Solutions 2401 East Katella Avenue, Suite 220 Anaheim, California 92806 telefacsimile (714) 940 -4930 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ma and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ". E Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 1. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94- 163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Consultant agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. 18. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 'l By G La r Sheedy Assistant City Attorney CITY OF SANTA ANA, a municipal Corporation of the State of California ,PAUL M. WALTERS City Manager WILLDAN HOMELAND SOLUTIONS JIM BAILEY President / CEO EXHIBIT A SCOPE OF SERVICES GRANT FISCAL COORDINATOR Reporting Relationships /Supervision Reports to the UASI Grant Coordinator and Administrator. Works in close coordination with Project Coordinators, Sub - Recipients, City Finance, and the California Emergency Management Agency. Liaison to the UASI Working Group (UAWG), UASI Steering Committee, and UAWG Sub - Committees. Basic Function The Grant Fiscal Coordinator plans, organizes, manages, and directs financial and administrative activities. Ensures grant finances are in compliance, submits cash advances /requests in a timely manner, tracks expenditures and budgets, processes sub - recipient reimbursement requests, and manages detailed recordkeeping. Responsibilities City Financial Procedures: • Upon receipt of grant award information, complete appropriation adjustment for attachment to the request for council approval, in order for new grant account number creation and budget allocations per object code. • Complete Lawson entry of Projects and Activities, in order to create budget allocations by project, and create Activity numbers that identify project and solution area as an accounting mechanism. • Process purchase orders and attach supporting documentation, such as invoices and packing slips, provide accounting information and grant to be charged, create reimbursement packet, and send to City Finance for vendor payment. • Process incoming invoices for contract vendors, attach supporting documentation, for creation of direct payment vouchers, create reimbursement packet, and send to Police Fiscal for payment. • Process sub - recipient reimbursement packets to check for required financial paperwork and completion, process sub - recipient invoices, create reimbursement packet, and send to Police Fiscal for payment. • Turn in bi- monthly timesheets for grant personnel, collect overtime chits, and turn into Police Fiscal for posting. Review monthly labor distribution reports, attaching appropriate timesheets, chits, and use P21K Payroll program to printout additional information as required. • Complete budget projections for each open Homeland Security Grant, including approved positions, and send completed budget to Police Fiscal for inclusion into the City Budget for each new fiscal year. • Upon close of grant, complete reconciliation of City General Ledger and all grant cash requests, completing necessary journal voucher to balance discrepancies. • Provide analytical support for project managers, grant manager, and grant administrator as needed. California Emergency Management Agency Procedures: • Ensure financial compliance with the grant and any financial directives set forth by the California Emergency Management Agency (previously the Office of Homeland Security) and the Department of Homeland Security. Liaison with local, state and federal agencies regarding financial matters related to the administration of the Homeland Security Grants. • Assist and complete grant applications and grant modification requests via the California Emergency Management Agency workbook, confirming modifications to the internal project matrix, training and exercise rosters, approved project applications, and project descriptions are reflected in the workbook. • Complete grant cash requests and advances using the workbook, from compiled reimbursement packets, training packets, equipment ledger, and City General Ledger via LAWSON. Request City invoice, attach workbook, and send to the California Emergency Management Agency for reimbursement. • Once checks have been received from the State, add a copy to the cash request files, attach pertinent City invoice, and deliver to Treasury for deposit. • Work with City Accountant to calculate interest earned on cash advances, tracking vendor /sub- recipient payment, compared to advance check deposit date. Request check to the Federal Department of Health and Human Services, for all interest earned on grant advances. • Maintain an updated database of all financial points of contact and conduct periodic on -site financial monitoring of Homeland Security Grant sub - recipients. • Assist in financial and budgetary analysis of General Ledger, Project and Activity Report, Labor Distribution Report, and Revenue Ledger report. UASI Grant Office Procedures • Attend Urban Area Security Initiative Working Group and Steering Committee meetings as the financial point of contact. • Update and revise Urban Areas Security Initiative Sub - Recipient Guidelines and Policies, to include new laws, rules, and requirements from DHS and Cal -EMA, as well as updated Grant Office procedures for project managers and sub - recipients. • Update any Anaheim / Santa Ana UASI forms with each new grant year, including reimbursement forms, project applications, project modifications, monitoring forms, training forms, reporting forms, and others. • Keep in constant communication with grant project managers to ensure appropriate federal, state, and local requirements are being met and they meet grant deadlines. • Send out reminders when the Quarterly Project Status Reports are due, review for completeness, and forward to the appropriate office staff for review. Knowledge, Skills, and Abilities Knowledge of grant financial management requirements, and ability to read through the applicable code of federal regulations, OMB circulars, Environmental & Historic Preservation requirements, Cal -EMA Strategic Goals & Objectives, DHS Target Capabilities List (TCL), Procurement and Purchasing Policies, and Travel Policies, for the Urban Area Security Initiative (UASI) grants, Public Safety Interoperable Communications (PSIC) grant, Homeland Security Grant Program (HSGP), and the Interoperable Emergency Communications Grant Program (IECGP). Ability to maintain good working relationships with all stakeholders within the UASI, state or outside agencies, other team members, staff and the community based stakeholders. Knowledge and ability to use LAWSON Financial Management System Software, P2K Payroll System Software, the Federal Grant Reporting Tool, and Microsoft programs such as Word, Excel, Outlook, PowerPoint, Publisher, and the Wisetrack Inventory System. Knowledge of municipal government operations, City financial accounting techniques, procurement, budgetary processes and controls. Advanced verbal and written communication skills. Ability to solve problems. Above average political acumen. ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMA)D" 1 11/2/2011 PRODUCER TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates POLICY NUMBER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 Santa Ana CA 92711 -0550 LIMITS EACH OCCURRENCE $1,000,000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAW 8I&FOO IT*Bf HE POLICIES BELOW. ( J.' i -` f "i INSURERS AFFORDING COVERAGE nil h'n —8 Pi� 5' 26 INSURED willdan Homeland Solu = �- 2401 E. Katella Avenuh +e;• 220 Anaheim CA 92806 l.-T 1 I I 'J1 \i4r1 I ;�I�cti- INSURERA: ` r �` g Y Ca t f Ameri INSURERS: tv,'a ra Inc. INSURERC:A rican Autom i1 ins. Co. - INSURER D: INSURER E: CLAIMS MADE ® OCCUR :9141 "1 :117Ati *.'I HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BRTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 11/9/2012 LIMITS EACH OCCURRENCE $1,000,000 A GENERAL LIABILITY 6301158PO20 11/9/2011 FIRE DAMAGE (Any one Aro) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR MEOEXP (Anyone $10,000 PERSONAL SADVINJURY $1,000,000 X Contractual X GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY PRO- LOC A AUTOMOBILE LIABILITY 8101158P020 11/9/2011 11/9/2012 X ANY AUTO COMBINED NdeDSINOLE LIMIT 41,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par person) HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Peracmenq PROPERTY DAMAGE $ (Peracddent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO S AU70ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE s $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND WZP80998342 11/9/2011 11,/9/2012 X WcsTATU- oR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L -DISEASE - EA EMPLOYE $1 000 000 E.L. DISEASE - POLICY LIMB 0 00 B OTHER Professional Liability ED977441112 11/9/2011 11/9/2012 Per Claim $1, DOD, 000 laims Made Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONSIL OCATIONSIVEHICLESIEXCLUSIONSADDED BY ENDORSEMENTISPECIAL PROVISIONS eneral Liability policy excludes Claims arising out of the performance of professional services. Independent Contractors are included as respects to General Liability. Re: Homeland security training and exercise program, JN 770050 -1000 -77010 City of Santa Ana, its officers, agents, volunteers, and employees are Additional Insured as respects General Liability as required by written contract. (HOMELAND SOLUTIONS) rcorrrrr At -- LE7 HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Santa Ana EFORB THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Attn: Clerk of the City Council ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 20 Civic Center Plata (M -30) HALL IMPOSE NO OBLIGATION OR LSABILITY OF ANY KIND UPON Santa Ana CA 92702 -1988 INSURER, ITS AGENTS OR REPRESENTATIVES. A"itOVED AS TO FO AUTHORIZED REPRESENTATIV ACORD 25-3 (7197) 0 ACORD CORPORATION 1888 1 T Ai..IVDD ASSbtan� ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Travelers Property Casualty Co of America This endorsement modifies such insurance as is afforded by the provisions of Policy 6301158PO20 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named.as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability, The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy #, Issued to 11/9/2011 , this endorsement form as a part of 630115OP020 Willdan Homeland Solutions Named Insured Countersigne y orized Representative OAS E►S,tO F C" A Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured:Willdan Homeland Solutions Producer: Dealey, Renton & Associates Schedule Person or Organization City of Santa Ana Attn: Clerk of the City Council 20 Civic Center Plaza (M -30) Santa Ana CA 92702 -1988 Additional Premium % We have the right to recover our payments from any- one liable for au 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.) ft~ Authorized Representative WC040306 Policy Number WZP80998342 Effective Date 11/2/2011 Job Description For which the insured has agreed by written contract executed prior to loss to furnish this waiver. The premium charge is 2% of policy standard premium at final audit. You mist maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. APPROVED AS TO FORM J �ESCi y A� COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION If — WHO IS AN INSURED: Any person or organization that you agree In a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. The insurance provided to such additional Insured Is limited as.follows: c. In the event that the Limits of Insurance of this Coverage Part shown In the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the In- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring Insurance ". This endorsement shall not increase the limits of Insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This Insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included In the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily Injury" or 'property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever Is earlier. 2. The following Is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured Is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that Is available to the addi- tional Insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this Insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named Insured for such loss, and we will not share with that "other Insurance ". But this Insur- ance provided to the additional Insured still is ex- cess over any valid and collectible "other Insur- ance", whether primary, excess, contingent or on any other basis, that Is available to the additional insured when that person or organization Is an additional Insured under any "other Insurance ". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result In a claim. To the extent possible, such notice should include: CO D4 14 04 08 0 2006 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; 11. The names and addresses of any injured persons and witnesses; and Ill. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" Is brought against the additional insured, the additional Insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and It, Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional Insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit ", cooperate with us in the Investigation or settlement of the claim or defense against the "suit ", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and Indemnity of any claim or "suit" to any provider of other insurance which would cover the additional Insured for a loss we cover. However, this condition does not affect whether this Insurance provided to the addi- tional Insured is primary to that other insur- ance available to the additional Insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion; "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional Insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in. jury" Is caused by an offense committed: a. After the signing and execu lion of the contract or agreement by you; b. While that part of the contract or agreement is In effect; and c. Before the end of the policy period. ROAD A5 To VOLTA A� D •R ity Attorney Assist t Page 2 of 2 ® 2008 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- Ing the policy period over which you maintain 50% or more ownership interest and that Is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE -- INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who is An Insured provision contained In Section 11. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours Is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" Any person or organization who Is required under name, with your permission, while performing duties related to the conduct of your busl- a written contract or agreement between you and ness that person or organization, that is signed and CA T3 53 03 10 0 2010 The Travelers indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that Individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION If — LIABILITY COV- ERAGE: Any "employee" of yours Is an "insured" while us- Ing a covered "auto" you don't own, hire or borrow In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION ll — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) In Para- graph B.7., Policy Period, Coverage Territory, of SECTION iV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere In the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro - hlbits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto' that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your 'employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto. Rico and Canada: (1) You must arrange to defend the "in- sured" against, and Investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (11) Neither you nor any other involved "insured" will make any settlement without our consent. (Ill) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this Insurance applies, that the "in- sured' pays with our consent, but only up to the limit described In Para- graph C., Limit Of Insurance, of SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "Insured" against any such "suit ", but only up to and included within the limit described In Para- graph C., Limit Of Insurance, of SECTION 11 — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance In pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 m 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of insurance Servloes Office. Inc. with Its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory Insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not Invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to Insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage If the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence In Para- graph AA.a., Transportation Expenses, of SECTION Ill — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA, Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for 'loss" to wearing ap- paret and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following Is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags In a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1,b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally Inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following Is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (ir you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss ". CA T3 53 03 10 ® 2010 The Travelers Indemnity Company. Page 3 of 4 lndudes copyrighted materiel of Insurance Services Offlce, Inc. wish 119 permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the °accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentatlon, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever INS provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non- renewal. Page 4 of 4 m 2010 The Travelers Indemnity Company, CA T3 53 03 10 Includes copyrighted material of Insurance Services office, Inc, with Its permission. .2012 - 7_l !� ACOM CERTIFICATE OF LIABILITY INSURANCE DATE190191 PRODUCER Dealey, Renton & Associates THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 Santa Ana CA 92711 -0550 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER: T{1Er- WRRAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE POLICY EXPIRATION INSURED Willdan Homeland Solutions 2401 E. Katella Avenue, Ste. 220 INSURER A. y ,�,y C d s u al ty •f A ri INSURERB:Ca lin Insurance Company. Inc. IrvsuRER C. American Automobile Anaheim CA 92806 INSURE0. D: ' Z0 2`1 ^ I 1 YV L,/ INSURER E: E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -LML TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LWR8 A GENERAL LIABILITY 6301158PO20 11/9/2012 11/9/2013 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fife $ COMMERCIALGENERAL LIABILITY MED EXP An one fsonl $ CLAIMS MADE ® OCCUR PERSONAL B ADV INJURY $ X ontractual BFPD XCiI GENERAL AGGREGATE E GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ POLICY PRO- LOC A AUTOMOBILE X LIABILITY ANY AUTO 8101158P020 11/9/2012 11/9/2013 COMBINED SINGLE LIMIT IEa acridenD $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY person) I.) (Per $ HIREDAUTOS NON-OWNED AUTOS BODILY INJURY (Per acpdenp S * `' Lr` ZPPROVED ( f/ [� S TO 1'O �,I 1V1 PROPERTY DAMAGE IPel acddeel) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO — Laura W Sheedy $ EXCESS LIABILITY Assistant CAy Attorney EACH OCCURRENCE $ AGGREGATE S OCCUR CLAIMS MADE S 5 DEDUCTIBLE S RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP81007462 11/9/2012 11/9/2013 X I WCSTATU- 9TH' E.L. EACH ACCIDENT SL 000 000 E.L. DISEASE - EA EMPLOYEE S1,000, 000 E.L. DISEASE - POLICY LIMIT Sl 000 B OTHER Professional Liability Claims Made AED977441113 11/9/2012 11/9/2013 Per Claim $1,000,000 Annual Aggregate $2,000,000 DESCRIPTION OF OPERAnONSILOCATIONSNEHICLESIE XCLUSIONB ADDED BY ENDORSEMENT /SPECIAL PROVISIONS enerai Liability policy excludes claims arising out of the performance of professional services. Independent Contractors are included as respects to General Liability. Re: Homeland security training and exercise program, JN 770050- 1000 -77010 City of Santa Ana, its officers, agents, volunteers, and employees are Additional Insured as respects General Liability as required by written contract. (HOMELAND SOLUTIONS) $JtMI II'IGA I t HULUEH eooITlOUeI Iusunpn I rAkl C=I I ATInld, ,. .. ACORD 25S (7197) O ACORD CORPORATION 1988 J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Santa Ana Attn: Clerk of the City Council 20 Civic Center Plaza (M-30) BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO S14ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Santa Ana CA 92702 -1988 THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAnV ACORD 25S (7197) O ACORD CORPORATION 1988 J Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured:Willdan Homeland Solutions Producer: Dealey, Renton & Associates Schedule Person or Organization City of Santa Ana Attn: Clerk of the City Council 20 Civic Center Plaza (M -30) Santa Ana CA 92702 -1988 Additional Premium We have the right to recover our payments from any- one 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.) r rcvmM1a°i�YX�� Authorized Representative WC040306 Policy Number WZP81007462 Effective Date 11/2/2012 Job Description For which the insured has agreed by written contract executed prior to loss to furnish this waiver. The premium charge is 2& of policy standard premium at final audit. You most maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance ". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to 'bodily in- jury" or 'property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such 'bodily Injury' or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance ". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 0 2008 The Travelers Companies, !inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" or offense took place; II. The names and addresses of any injured persons and witnesses; and Iii. The nature and location of any Injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit' is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit' and the date received; and It. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received In con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that Part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2008 The Travelers Companies. Inc. CG D4 14 04 08 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION it — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section I. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" Any person or organization who is required under name, with your permission, while performing duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that Individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION If — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION it — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (it) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION If — LIABILITY COVERAGE. (v) We will reimburse the "Insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 ® 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- slons, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.t.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss ". CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI• TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 ® 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission.