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HomeMy WebLinkAboutURBAN FUTURES, INC. 3-2014ihlflt INANt,4 ON rii f �N©RK NIIAY mor f b UNTIL INraURANi 1 RPlflra -G'.__..... ClkftK QF OOISNGti_ DATE'. p--t,6-04 AGREEMENT FOR PROVISION OF BOND CONTINUING DISCLOSURE SERVICES A-204-232 THIS AGREEMENT, made and entered into this 16th day of September, 2014 by and between Urban Futures, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal financial services relating to bond continuing disclosure requirements. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in the Proposal to Provide Continuing Disclosure Services, attached hereto as Exhibit A and incorporated by this reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and. Consultant. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The annual sum to be expended under this Agreement shall not exceed $5,500.00 per year, and the total sum expended shall not to exceed $16,500.00 during the three (3) year terra 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. 4. TERM This Agreement shall be for a three (3) year term, commencing on the date first written above and terminating on September 15, 2017 unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 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. Due to the nature of services provided, Commercial General Liability Insurance is not required. 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. section: d. The following requirements apply to insurance to be provided by Consultant pursuant to this (i) Consultant shall maintain all insurance required above for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold hamiless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile (714) 647-6956 Copies to: and Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-5414 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: Urban Futures, Inc. 3111 North Tustin, Suite 230 Orange, California 92865 Phone(714)283-9334 Facsimile (714) 283-5465 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 facsimile, 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, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. 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 fust above written. CITY OF SANTA ANA ATTEST: D # 411 MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kyle Cj ellesen Deputy City Attorney RECOMMENDED FOR APPROVAL: � ' t r! FRANCISCO GUTIER MICHAEL P. BUSCH Executive Director — FMSA Chief Executive Officer .I I • ••- ••^••.,•... arc rm{}xDsttrtm:(oaxrc5 Df A4UttiJ Prt owad uulgg Farms &pss Pfus sOfWara. 4o-yeXy;:P 401489MCOM; Imprass O PubR§hhq 80020,9-1677 AriDPI"If#NA�SlixrcrD'FP�irxn `i �A�` M INSURANCE FORMAT ADI)MONAL INS)RLD IS L41T5`= AS a°OLLOWS; L MAT PBRSQN OR ORRGANIZATION'18 ONLY" AN ADD)TfONAL INSL D FOI9 TTS LTA&35Y]P9' ARMNO OOT OF THE OPERATIONS OF NAMED INSURED; 2. THE S F9US OF LiABILrry FOP, M ADD17iO-NAL TNSUMD ARE THOSE SPECIFIED IN THE @VRI1TEN CONTRACT QX AGREMMT, OR IN THIS POLICY, WHICHEVER 9S LSS. TIME 9,I UTS ARE INCLCmm OF ANIS ARR NOT IN AI}DI!DON TO THELIi+ M, OF INSUP ANCF SHOWN ON THE DECLARATIONS; AND ALLDTMPOLICYIMRM,oNpiTmsANDi"sTpjCWWS ALSO APPLY JNCtVVjNG,,BUT ALL OTHER TIMMSANDCONDITIONS )3mAIN, uNCHAATF GFD. 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GA 92702 AViR9Rk$Ca R67Na86MTA1'E :: 'E864,204AG. 110(1k@ T14H4#tk�ah easecvA(L ACQRtS 2b t olkt4@} Tha A00RD name a� kogo *)WOPea matk of A.C.,t, >2i7 . p*IiR @ra UglrW ra[IR8,Each plus sdSware, wawr,FdrOj%Ro fs,00M.I rptessWO Pubfiah513 SkD- C8 -1$i ,4coR0� CERTIFICATE OF LIABILITY INSURANCE �....-! DIOD t0/21/21/z014 la 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 Brown & Brown of NY, Inc. dba Gaston & Associates j300 Westchester Avenue Suite N-311 Rye Brook NY 10573 CONTACT Gina Jagr PHONE (914)244-1055 IFNC. Not: (919)244-1056 D Ress:GJagr@gastonasaoc.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Executive Risk Indemnity Inc. 35181 INSURED Urban Futures, Inc. 3111 North Tustin, Shite 230 Orange CA 92865 INSURER B INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR , TYPE OF INSURANCE ADDL SUER - POLICYNUMBER POLICY EFF MMIDD POLICY EXP MMDO LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7OCCUR X DAMAGE TO RET P EMISES Ea occurrence $ _ MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ POLICY PRO- lFr.T F7 LOC $ AUTOMOBILE LIABILITY COMBI N ED SINGLE LIMIT Ea accident BODI LV I NJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYntAGE $ Per accidIdlent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION WC STATUS OTH- IM ANDEMPLOVERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If es,describaundar DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability 8801-9352 12/23/201312/23/2014 Limit of Liability: $1,000,000 (Errors &Omissions) Dadmlble: $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Santa Ana is listed as an Additional Insured. Waiver of Subrogation is included. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza PO Box 1988 AUTHORIZED REPRESENTATIVE 'Santa Ana, CA 92702 E Gaston IV/AA ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All ACTOR& CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDNYYY) �=. ,_ 1 10/21/2014 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 Brown & Brown of NY, Inc. CONTACT GiNAME:na Jagr (914)244-1055 FAC No: 1914)294-1056 dba Gaston & AssociatesPHONE;GJ 800 Westchester Avenue E-MAIESSagr@ gas tonas soc. com Suite N-311 INSURERS AFFORDING COVERAGE NAIC# INSURERAExecutive Risk Indemnity Inc. 35181 Rye Brook NY 10573 INSURED INSURER B Urban Futures, Inc. INSURER C: 3111 North Tustin, Suite 230 INSURER D: INSURER E : 1 INSURER F: Orange CA 92865 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR LTR TypE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF M/DDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITYDAMAGE O RENTED PREMISES Ea cccurre oe $ MED EXP (Any one person) $ CLAIMS -MADE F] OCCUR PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGO $ POLICY JECT PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BOO I LY I NJURY(Per person) $ ANY AUTO H AU OS SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS _ PROPERTY DAMAGE $ Peramident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS' LIABILITY YINER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE❑ OFFICERIMEMBEI EXCLUDEDP N/A E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability 6801-9352 12/23/201312/23/2014 Limit of Liability: $1,000,000 (Errors & Omissions) Deductible: $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) EVIDENCE OF COVERAGE CERTIFICATE HOLDER CANCELLATION ,,.ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. II rightsed. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE PO BOX 1988 Santa Ana, CA 92702y�- F Gaston IV/AA ,,.ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. II rightsed. URBAFUT-01 JDERCOLE ,a ° CERTIFICATE OF LIABILITY INSURANCE 11`1 OATE(MMI00/'1 YV) vsnol s _ 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 Brown & Brown of New York Inc. 800 Westchester Avenue, N311 CONTACT NAME: PHONE 914 337-1833 FAx FlIC No Ext:( I A/c No: (914) 337.1596 Rye Brook, NY 10573 EMAIL ADDRESS: y info bbinsn com INSURER(S) AFFORDING COVERAGE NAICN INSURERA:Executive Risk Indemnity Inc (Chubb) 35181 INSURED / / INSURER B: Urban FUfnfeS, Inc. ✓ 3111 North Tustin INSURER C: SUITE 230 INSURER D: INSURER E: Orange, CA 92866 INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICYNUMBER POLICY EF MMIDDIYVT( POLICY EXP MMIDDNYYY LIMITS COMMERCIAL GENERAL LI ABILITY NCE $ CLAIMS -MAGE OCCUR currence $ M(Edoccu�snde) e person) $ INJURY $ AGGREGATE LIMIT APPLIES PER: POLICV ❑PRP ❑LOC ECT EGATE $ GEN'L PRODUCTS-COMPIOP AGC $ $ OTHER'. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accMent BODILY INJURY (Per person) $ ANY AUTO ALLOWNE AUTOS AUTOS SCHEDULED BODILY INJURY ( Par accident)$ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Peraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? n _T NIA PER OTH- STATUTE ER E, L. EACH ACCIDENT $ i.. DISEASE L-A GNPLOYEc $ i(PJlantlelar/ W Nn) If yes, describe under J_. DISEASE -POLICY LIP.IIT $ _ DESCRIPTION OF OPERATIONS below A Errors & Omissions R 6801.9352 12/2312016 1212312016 Aggregate Limit 2,000,000 A Errors & Omissions 6801-9352 / 12/23/2016 12/2312016 Retention Each Claim 50,000 ✓ ✓ DESCRIPTION OF OPERATIONSI LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if morespare is required) City of Santa Ana is listed as an Additional Insured under the Errors & Omissions Liability policy. Waiver of Subrogation is included, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Attn: Teresa Ramirez THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD '�� /�� �t/ 3 Policy Number: Date Entered: .44C4C>R0 CERTIFICATE OF LIABILITY INSURANCE `.� DATE 12/115/20155/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must 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 Michael Geffre Insurance Agency 496 N Coast Hwy, Suite A Laguna Beach, CA 92651 CONTACT NAME: Ef:(948)484-7261 AC No:(949)494-4481 E-MAIL nDDRESS: Jana@ mgf armers . com 60470390 12/08/2015 12/08/2016 INSURERS AFFORDING COVERAGE NAICp INSURER MERCER INSURANCE COMPANY $ IDU, OOD MED EXP (Any one person) INSURED URBAN FUTURES, INC. INSURER B: FARMERS INSURANCE GROUP PERSONAL &ADV INJURY and DHA ISOM ADVISORS INSURER C: MID-CENTURY INSURANCE COMPANY GENERAL AGGREGATE INSURER D: PRODUCTS-COMP/OP AGG 3111 N TUSTIN SUITE 230 ORANGE, CA 92865 N S C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS INSURERURER FE 03/11/2015 COVERAGES CERTIFICATE_ NIIMRFR- REVISION NHMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YM LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR 60470390 12/08/2015 12/08/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ IDU, OOD MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOC OTHER'. GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $NOT COVERED $ C AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS 605900024 03/11/2015 03/11/2016 COMBINED S INGLE LIMIT Ea accitlent $1r 000, UUU BODILY INJURY (Per person) -i- BODILY INJURY (Per accident)$ PROPERTY DAMAGE Peraccident $ $ A UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 60470390 I 12/08/2015 12/08/2016 EACH OCCURRENCE $2,000,000 AGGREGATE $ DED RE I IS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICFWMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA N0915 67 09 02/08/2015 I 02/08/2016 PER OTH- STATUTE ER E.L EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT I $1,000,000 ✓ / V DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) THE CITY OF SANTA ANA ATTN: R-1-CHacRD—M9ND17ZA_ 20 CIVIC CENTER DR. SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE GEFFRE ©1 ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www. Forms Boss.com', Impressive Publishing 800-208-1977 All rights reserved_ (T7 eo( // I ✓P �151 Il f� MEMORANDUM To: Executive Director of Finance & Management Services r From: City Manager`' s� Date: March 15, 2016 Subject: Extension of Approved Financial Advisory Firms On January 21, 2014, the City Council approved the listing of qualified firms to provide financial advisory services to City Departments. The four approved firms are: 1. Public Financial Management Group (PFM) 2. Fieldman, Rolapp & Associates 0 -zo cq A - Wt5- X23 3. First Southwest 4. Urban Futures, Inc. (UFI) !A-2olt4 - 232 The Council action authorized the listing for two years with the option of extending for one additional year. In order to continue utilizing the four approved firms, I hereby authorize the Executive Director of Finance and Management Services to officially exercise the option of extending the approved listing for one additional year. The new term will lapse on January 21, 2017 at which point staff will undergo the same process and present a new listing of qualified firms for Council consideration. David Cavazos City Manager ATTEST. U MARIA D. HUIZAR CLERK OF THE COUNCIL John Funk Assistant City Attorney COTC PROCESSING FOR . Agreements / Amendments / Deeds C11'`d (1. TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Finance PROJECT MANAGER: Alvaro Castellon MAIL STOP: Clear Form M-17 EXT.: 6964 AGREEMENT NUMBER (if amendment): A / N Council Action -January 21, 2014: 29A AMENDMENT NUMBER (if applicable): Z IST ❑ 2ND ❑ 3RD ❑ NAME OF CONSULTANT / PARTY: Public Financial Management Group, Fieldman, Rolapp & Associates, First S AMOUNT: ❑ * OVER $25,000 — (A) ❑ *UP TO $25,000 - (N) Note: If your agreement with a vendor exceeds $25,000 within a Fiscal Year, then you will need to obtain Council Approval. ❑ 1) NOT approved by council. ❑ 2) Approved by council. COUNCIL APPROVAL DATE: 01/21/2014 ITEM #: TERM OF AGREEMENT- EFFECTIVE DATE: 01/21/2014 TERMINATION DATE: SIGNATURES REQUIRED: ❑ VENDOR ❑ AGENCY ® CITYATTORNEY OTHER 01/21/2017 (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: ❑ YES 0 NO (Provide City Attorney Office approval) ❑ AUTO ❑ CGL (Commercial General Liability) ❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION COMMENTS: We are exercising the option to extend the attached listing for one additional year. FOR CLERK OFFICE USE ONLY: ADDITIONAL REMARKS: PROCESS ❑ DO NOT PROCESS ❑ Needs Council Approval ❑ Missing Signatures ❑ Other * Charter amendment effective December 21, 2006 for City Manager contract authority increase; NS -2717 1: IAgreementfform -AGREEMENT PROCESSING FORM_canary,doe Revised: 1/17/2012 CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: ESTABLISH A LISTING OF APPROVED QUALIFIED FIRMS TO PROVIDE FINANCIAL SERVICES TO CITY DEPARTMENTS )JA CITY MANAG R "LINKS) )ZI I IT, 14 ki 11114 IIIET41 1 [01 LI CLERK OF COUNCIL USE ONLY: r_��7Zil�T� ❑ As Recommended ❑ As Amended ❑ ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the selection of the following firms for providing financial advisory services to the City for two years with the option to extend the listing for one additional year with an initial project cost of $75,000 with future projects to be paid from generated savings upon approval of the City Manager: 1. Public Financial Management Group (PFM) 2. Fieldman Rolapp & Associates 3. First Southwest 4. Urban Futures, Inc. (UFI) DISCUSSION Currently the City has approximately $162 million in City related debt and $100 million in Successor Agency debt. The recommended action allows City staff to begin the process of looking at the City's debt to 1) achieve efficiency and savings and 2) manage and improve the City's credit rating. In order to begin the process of evaluating the various debt obligations, the City is recommending creating a list of financial advisors that can be accessed by staff depending on the needs of the City. In addition, the selection of a Financial Services Advisor(s) will ensure the City's compliance with new regulations under the Dodd -Frank Act which clearly delineates responsibilities of financial advisors and underwriters. As such, financial advisors will now assume full fiduciary responsibilities to their clients. On November 21, 2013 the City issued a Request for Qualifications for financial advisory services with eight firms submitting responses. The responses were reviewed by the Finance Director, Assistant Finance Director, and Senior Analyst. Responses were evaluated based on firm background and experience, projected assigned staffing and experience, work plan and approach, and fee structure. 29A-1 Establish Listing of Financial Services To City Departments January 21, 2014 Page 2 The firms and ratings are identified below: Public Financial Management Group PFM SCOREFIRM 94% Fieldman Rolapp & Associates 92% First Southwest 91% Urban Futures, Inc. (UFl) 83% CSG Advisors 77% NHA Advisors LLC 73% Harrell & Company Advisors, LLC 69% Springsted Incorporated 67% All firms submitting proposals demonstrated the ability to deliver the necessary services to the City, However, firms submitting a proposal that included an overview or discussion of the City's existing debt received higher marks. In addition, staff also considered a firm's ability to provide additional services beyond that of a normal bond issuance as well as the general proximity of the firm's offices to the City, Staff established a threshold of an 80 percent score and recommends approval of four firms. Upon approval of the recommended action, staff, in conjunction with a financial advisor will review and recommend refunding opportunities to the City Manager for consideration (exhibit 1). In addition to exploring opportunities for refunding, City staff will work with a selected financial advisor for opportunities to increase the City's bond rating, ensure continued bond disclosure compliance, as well as explore long-term bonding opportunities to address critical needs of the City. FISCAL IMPACT Costs for financial services will be dependent on the size of the refunding or scope of project requested. Initial funding will be dependent on the project and funding source with subsequent projects funded through generated savings. All projects will be submitted for approval to the City Manager. Francisco Gutierrezz Executive Director Finance & Management Services Agency m > O N Ilz O R. y� O 0 0 a` °p > a .c g a c21 m 17 N O a to A � T .T ap � cL C d y S7 u'1 w v 2 a T 4 ¢¢ m ¢ m a a m a a a z z a s e¢ c C C C v v v v e � c E E E E Fm ii ii u°. LL � p a c a c a c v `p z m m v ;; rXa a l7 l7 V` LL LL 0 01 N It N N N O O O O N N O M p N p N o � O C ($ v o= n m a LL ''' a ro a 00 INS Omt ,�° O T a N tlt' rl lO co 000 o W N N C m 3 d m .ac LL tko Q V va C L. O g 0 g 0 ? 0 0 0 g p� C g C) O 0 m `^ W w 3 L^ ~O m co w h m o 06 F H o o 0 0 0 0 0 C � v m O1 d � m m a �v oc M, m N o no N o— o O a d O a ¢ ¢ -0--o J