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HomeMy WebLinkAboutHF&H CONSULTANTS, LLC 2 -2013MAYOR Miguel A. Puado MAYOR PRO TEM Sal Tlna)ero COUNCIL MEMBERS AnU'ellea Amezoua David Benavides Michele Martinez Raman A. Rare Vincent Sarrmento INSURANCE N0j ON FILE WORK MAY NIT PROCEED CLERK OF COUNCIL DATE: 0 CAD C0 >nYl ICe �.O' .rYIAI)v6 CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA M -29 - P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 (714) 6475201 • Fax(714)647-6515 September 3, 2013 John Farnkopf, P.E. Senior Vice President HF &H Consultants LLC 201 Nortb. Civic Drive, Suite 230 Walnut Creek, CA 94596 N -2013 -171 INTERIM CITY MANAGER Kevin O'Rourke CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar FRRME 1VE i SEP 0 K 2013 Re: Letter of Agreement for Consultant Services: Review of Water Transfer Dear Mr. Farnkopf: This letter shall be our Agreement regarding the consultant services described below ( "Services ") to be provided by HF &H Consultants LLC ( "Consultant ") as an independent contractor to the Santa Ana City Attorney's Office ( "CAO "). This Agreement is for the purpose of engaging Consultant to provide financial consultant services to the City Attorney related to the City of Santa Ana's transfer of water ftmds to the City's General Fund (the "Project "). The Services to be provided are more particularly described in the Scope of Services attached bereto as Exhibit "A" and incorporated herein by reference. Consultant shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City of Santa Ana Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall not exceed Fifteen Thousand Dollars ($15,000.00). All invoices shall be submitted directly to the Santa Ana City Attorney's office at the address above. In accordance with the letter dated August 20, 2013, . the City may expect the work to be completed before October 15, 2013. John Farnkopf, P.E. September 3, 2013 Page 2 Consultant shall provide proof of commercial general liability and automobile insurance to the CAO in amounts and with policies, endorsements and condition required by CAO for the Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees which meets all requirements of State law. Services on the Project shall begin immediately and be completed by the deadline provided by our office, unless extended by CAO in writing. CAO may terminate this Letter of Agreement at any time with or without cause. If CAO finds it necessary to terminate this Letter of Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only. Consultant shall indemnify and hold CAO, its officers, employees, and agents, and the City of Santa Ana , its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages and injuries to property or persons, including wrongful death, to the extent caused by or arising out of any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services under this Agreement, including, without limitation, the payment of reasonable attorneys fees and other related costs and expenses. Consultant's services are for purposes of assisting the City Attorney, and are thus subject to a variety of privileges, including the attorney work product privilege. All documents, records, correspondence including emails, audio or video recordings, photographs, written notes, reports, information and data regardless of physical form or characteristics that is provided to or prepared by or assembled by Consultant shall be deemed confidential and shall be maintained as such at all times during and after the services hereunder described are provided to CAO. Any audio or video recordings, photographs, written notes, reports, correspondence including emails, or any other document or record regardless of physical form or characteristics that is maintained by Consultant in performance of the Services shall not be released to any third parry without CAO's written consent. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records. [Signatures on following page] John Parnlcopf, P.E. September 3, 2013 Page 3 CITY ATTORNEY Approved by. Sonia R. Carvalho David Cavazo City Manager City of Santa Ana ATMWP ARIA D. HUIZAR CLERK OF THE COUNCIL y I11Z11I4[�Z�7% YiJ�I_r ►MIFY= 1[ J Reviewed and Accepted by Consultant: Jo Fam�lko f S for Vice resident Date: 4� 0 C. fV (2ey 2 J( 3 John Farnkopf, P.B. September 3, 2013 Page 4 Exttturr "A'T SCOPE OF SERVICES Consultant shall provide to CAO his services as a financial advisor regarding the City of Santa Ana's water transfer to the General Fund. El 201 North Civic Drive, Suite 230 Walnut Creek, California 94596 Tel: (925) 977 -6950 Fax: (925) 977-6955 hfif consuttants,nxn August 20, 2013 Ms. Sonia Carvalho, City Attorney Mr, J086 Sandoval, Chief Assistant City Attorney Office of the City Attorney City of Santa Ana 20 Civic Center Plaza M -29 Santa Ana, CA 92702 Sent via einail HF &H CONSULTANTS, LLC Maiming Tomorrow's Resources Today Subject Proposal: Update Water Enterprise Transfer Study Dear Ms. Carvalho and Mr. Sandoval: Robert D. Hilton, CMC John W. Famkopf, PE Laith 6. Ezxet, CMC Richard J. Simonsory CMC Marva M. Sheehan, CPA On behalf of HF &H Consultants, LLC, I am pleased to submit this proposal to update our analysis of the transfers from the Water Enterprise for related services. This proposal describes the project background, our proposed scope of services, the schedule, and the budget. 1. Background The City was advised by its auditors to review the basis for the Water Enterprise transfer to provide a cost justification. The auditors recommended that the City's practice, which was not thoroughly documented, should be updated to address recent legislation, such as Proposition 215, with its substantive provisions, and court decisions, such as the 2004 Roseuille decision, which addresses municipal franchise fees. Toward that end, the City retained HF &H to prepare a study of the transfer from the Water Enterprise to the General Fund for related services provided by other departments. Such services include public safety, the use of facilities funded by the General Fund that are used by the Water Enterprise, and the maintenance of rights -of- way in which water supply infrastructure is located. A draft study was completed in April 18, 2012. Since completion of the study, the City has updated its two -year budget, which includes changes that warrant updating the 2012 study. One significant change concerns fire suppression services, which have been transferred to the County of Orange under a contractual services agreement. In order to reflect these changes, the City wants to update the 2012 study at this time. 11. Scope of Services We propose the following tasks to evaluate the Water Enterprise transfer. TasIc 1. Update Model. We will update the analysis using the 2012 model that derived the transfers for public safety, general facilities, and right -of -way maintenance. We will submit a Ms. Carvalho Mr. Sandoval August 20, 2013 Page 2 data request for the data used in the model to allocate a proportionate share of these costs to the Water Enterprise. In preparing the data request, we will review the model with City Finance staff to identify the new budget data that needs to be factored. We will also interview Public Works staff to confirm assumptions and data related to the right -o£ -way allocation. In addition, we will modify the model to integrate refinements that we have developed since 2012 in conducting similar studies for other cities. Chief among these refinements is an adjustment to assessed values for private property that makes them more comparable to the valuation of the City's municipal property; this refinement improves the public safety allocation, Task 2. Prepare Report. We will document the updated analysis by revising the 2012 report. We will prepare the report in draft form for review by City staff. (The 2012 draft report was also reviewed by Michael Colantuono.) A final draft will be produced that addresses City staffs comments. For purposes of preparing this proposal, we have assumed that we will attend one meeting to present the report. Alternatively, this meeting can be scheduled as a kickoff meeting at the beginning of the project. Additional meetings can be attended if needed. III. Schedule and Budget Although the City has not indicated that there is a critical deadline for completion, this study should be conducted in a 60 -day period. This will allow time for us to develop the data request and for City staff to provide the data. Our experience with the City showed that City staff responds to our data requests promptly. We then need time to update and review the model with the City and then prepare and review the draft and final reports. Our prior report was prepared at a cost of $15,000. We propose a comparable budget of $15,000. The City would be billed on a time -and- expenses basis for services rendered. If additional services are required for subsequent analysis, we can provide a budget estimate for the specific work based on our hourly rates. I hope this proposal addresses your needs. Please do not hesitate to contact me if you have any questions. I appreciate the opportunity to submit this proposal. Very truly yours, HF &H CONSULTANTS, LLC 1 n vv. rarnx p V / � nior Vice Pre ident j a•. CUnnai!• �R9ROR HFHOONSII ACORDTM CERTIFICATE OF LIABILITY INSURANCE DA ODIYYVY) 6//24/224 /2014 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(les) must 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 HUBInt'lInsuranceServ.Inc License #0757775 CONTACT Tim McKinley PHONE 825415.1107 FAX 925 884-8028 AIC, No, Exl : AIC, No E-MAIL Y@ ADDRESS: tim.mckinley@hubinternational.com 3000 Executive Parkway Suite 300 San Ramon, CA 94583 INSURER(S) AFFORDING COVERAGE NAICq Sentinel Insurance Company Ltd INSURER A: P Y 11000 INSURED HF &H Consultants, LLC 201 North Civic Drive Ste 230 INSURER B: Sequoia Insurance Company 22985 INSURERC: Houston Casualty Company 42374 Walnut Creek, CA 94596 INSURER D: INSURER E $1,000,000 INSURER F : CLAIMS -MADE 4 OCCUR COVFRAGFR CFRTIFICATF KIHMRFR- 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 CONTRACTOR 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 AODLSUBR INSR MD POLICYNUMBER POLICY EFF MMIDDIYYYV POLICY UP MMIOONYYY LIMITS A GENERAL LIABILITY X 57SBAGB6653 1211512013 12/15/2014 EACH OCCURRENCE $2 006 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS -MADE 4 OCCUR MED UP (Any one person) $10,000 PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $4,000,000 $ POLICY PRO- LOC ECT A AUTOMOBILE LIABILITY 57SBAGB6653 12115/2013 12/15/201 (En COMBINED SINGLE SINGLE LIMIT 2,000,000 BODI LY INJ URY(Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS IX PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON-OWNED AUTOS A UMBRELLA LIAB X OCCUR 57SBAGB6653 1211512013 12115/201 EACH OCCURRENCE s3,000,000 AGGREGATE s3,000,000 EXCESS LIAB CLAIMS -MADE OED X RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? � NIA SWP2136241 09/06/2013 09/06/2014 X WC Syl^ U- OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liab H713100735 6/01/2014 09106/201 Occur /Agg:$2,000,000 Retro Date:8 /1/89 Retention: $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is require��P City of Santa Ana, its officers, agents, and employees are Additional Insured in re f V 'TO FORM Y Liability policy per attached endorsement form SS00080405. Y Jose Sandoval enior Assistant City Attorney `rr City f Santa Ana - - -- - _. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y - - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Qepartment ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center PIRA `Z � I Santa Ana, CA 92701 { AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2931092/M2877023 AT41 Named Insured: HF &H COnsultants,LLC Policy Number: 57SEAG36653 Policy Term: 12/15/13 - 12/15/14 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. Flt yMT1-'r- Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard ". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Named Insured: HF &H Consultants,LLC Policy Number: 57SBAG36653 Policy Term: 12/15/13- 12/15/14 (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Page 12 of 24 Form SS 00 08 04 05 Named Insured: HF &H Consultant S,LLC Policy Number: 57SEAGD6653 Policy Term: 12/15/13- 12/15/14 (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard ". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through a, above, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard ", but only if (1) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury ", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. Named Insured: HF &H Consultants,LLC Policy Number: 57SBAGa6653 Policy Term: 12/15/13- 12/15/14 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. S. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 Twe HARTFORD Exhibit 1; STANDARD BLANKET NOTICE FORM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions; 0 a If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives 7/11/2011