Loading...
HomeMy WebLinkAboutCULTURAL PLANNING GROUP-201865 MURANCE NOT ON FILE A- 2015 -073 WORK MAYNZ PROCEED CONSULTANT AGREEMENT -7 -21 -K CLERK OF COUNCIL 9AIT :AGREEMENT is made and entered into this 5P day of May, 2015 by and between The Cultural k Planning group, a California Limited Liability Company, (hereinafter "Consultant "), and the City of Santa r 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 arts and ' culture master plans. 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 Q 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: 4' • Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit D. The total sum to be expended under this Agreement shall not exceed $175,000.00 during the term of this Agreement. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. This Agreement shall commence on the date first written above and terminate on May 4, 2016, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C, Worker's Compensation Insurance, In accordance with the provisions of Section 3700 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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. to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source, (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Executive Director — CDA City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 714. 647- City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 4 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, 17. 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. 18, 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. M 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: RECOMMENDED FOR APPROVAL: OAMOV Kelly Re ders Executi Director —CDA Vj CITY OF SANTA ANA DAVIIJ AVAZOS City Manager THE CULTURAL PLANNING GROUP David P -- Partner Tax ID# ti 6 —gD 2VL EXHIBIT A SCOPE OF SERVICES Scope of Work For the City of Santa Ana Arts and Cultural Master Plan June 9, 2015 The Cultural Planning Group The Cultural Manning Group California, Philadelphia, Florida and Hawai'i Jerry Allen Partner 444 Hoover Road Soquel, CA 95673 Jerry @cu tylraIp ana ng_com 831. 485.1953 (office) 415 - 271.0102 (mobile) Alliance for California Traditional Arta www.aulturralplanninrg,com Los Angeles, CA Amy Kitchener s °'�oq��kp9 3 CXecutive Director "w. 1000 North Alameda street Suite 240 4PIQXN4 1-08 Angeles, CA 90012 www.aulturralplanninrg,com Scope of Work Introduction This section presents the services that The Cultural Planning Group, along with its sub - contractors, will provide in the development of the City's Arts & Culture Master Plan, It is anticipated that these services may shift to meet the emerging needs of the project during the planning process. CPG reserves the right to alter the exact sequence and scope of these services to best serve the purpose of the planning process, in consultation with and the agreement of the City. Community Engagement Approaches This outlines a comprehensive approach to community engagement and related research for the City of Santa Ana Arts and Culture Master Plan. The intent of our community engagement efforts is to develop a "porous" system with many entry points through which anyone can participate in the process. Our approach includes multiple entry points for all sectors of the community, from the grassroots to the leadership level, Community engagement initiatives include traditional face -to -face interviews and personal meetings; discussion groups; cafe conversations (large- group); family- oriented creative workshops with local artist participation; online participatory tools such as MindMixer, and on -line polls; and -for those without computer access or who don't feel comfortable providing ideas or feedback online —the option to telephone or text ideas about their vision or to complete a traditional paper and pencil survey, children's Artslmagine workshop Key Person Interview and Focus Group Lists: Working with staff, the Steering Committee and other informants, we will develop a master list of individuals and stakeholder groups to be consulted during the planning process. This may include local arts providers, City elected and appointed officials, community and business leaders, potential funding partners, civic associations, tourism associations, youth and senior groups, education leaders, the faith community, as well as any other leadership that would be valuable to the planning process. Artslmagine Workshops: These workshops allow residents with an alternative mode of participation in the planning process, Workshops are led by artists, in collaboration with the consultants, and can include adults as well as children. This is our approach to community participation based on the theory of "appreciative inquiry," Appreciative inquiry is used to discover, understand and foster innovations in communities by gathering positive stories and The Cultural Planning Group 22 images and constructing positive interactions. We focus on exploring ways to consider'what could be' and 'what Is possible' by focusing on positive experiences and future vision -- •helping us to answer questions such as, "What inspires you to be part of the Santa Ana arts and cultural community ?" and "What arts environment would you most like to help bring alive in the next 10 years ?" or "Mow can toinomow be different from today ?" The format uses a set of exploratory questions to draw out stories and visual scenes and help participants identify a desired future and vision. The results from the workshops will be combined and summarized for the City. Community Conversations (volunteer or co- volunteer led): These discussion sessions allow Santa Ana residents to discuss among themselves theirvislon and aspirations for Santa Ana's arts and cultural future in their own venues, as opposed to a more formal City - sponsored input session. Community volunteers are recruited and trained to conduct a series of conversations in familiar, comfortable community settings — schools, churches, community centers, neighborhood associations, libraries, their own living rooms, restaurants, bars, and local "gathering spots." Discussions are customized to the neighborhoods and topics of interest. Volunteers are given comprehensive materials including an introduction, discussion questions and a reporting format, MindMixer: MindMixer is an interactive website for community engagement, It allows easy, public access to project information and multiple ways to provide ideas and opinions – visually and textually, The team will use the tool for instant polls and surveys, and for testing ideas and concepts, We encourage people to tell their stories about their community and their interaction with arts and culture through their photos and videos. Additionally, MindMixer acts as a tracking tool to measure participation. Social Media: Related to the MindMixer platform is a social media program of Twitter, Facebook, Instagram, Pinterest and other channels to incite conversation, promote awareness, publicize information and events, and generally engage the portion of the public that most relates to social media. This can also conceivably be a part of the City's new communitywide arts calendar. • CaN -Style 'Town Halls: At the start of the project, a Town Hall using caf6 -style discussion groups is conducted. This opportunity is advertised to the whole community for participation. It provides a diverse group of people with an opportunity to easily share information and insights into the arts and cultural planning process for the City. A number of topics are prepared and documented based on the number of tables in each meeting. People are invited to talk in small, intimate groups at the tables about topics of interest and then are asked to rotate to another table with a different set of questions around another topic. At the end of the session a plenary session Is conducted to allow the whole group to share and connect with the topics and ideas generated. These meetings help to set up the planning process and allow a cross - pollination of The Cultural Ranning Croup 23 ideas across a large group of people. It is a powerful technique for creating shared knowledge of Santa Ana's current arts and cultural landscape and future aspirations while it provides us with exploration of new issues for the planning process. A second Town Hall can be conducted later In the process, to present the draft plan to the community and facilitate a vetting process. • Community Vision Forums: It may be valuable to "package" a series of community engagement activities into a weeklong forum that brings public attention to the planning process and, more importantly, to the planning issues. In other communities, this approach has started with a mayoral kick -off event, and extended over a tires period from one to several weeks. Public activities can include many proposed here, such as volunteer -led Community Conversations, a Town Hall, consultant -led discussion groups, artist -led Artslmagine workshops, and an active MlndMixer and social media effort. Interviews and Discussion Groups: The consultant team will conduct a comprehensive series of interviews and focus group meetings, including City officials, civic leaders, artists, cultural organization leaders, and other stakeholders. These direct engagements allow for an in -depth exploration of the challenges and opportunities for the Arts and Cultural Master Plan. Surveys /Questionnaires: We will conduct a Resident Survey investigating arts and cultural participation, and aspirations for the arts and cultural development of the City of Santa Ana. We will work with City staff and the Project Steering Committee to determine the best community survey methodology — web -based or intercepts. If it is deemed valuable to the process and to supplement existing data, we may conduct a Survey of Arts Organizations and other Cultural Providers in Santa Ana. Phase 1: Project Initiation, Stakeholder & Community Engagement Project initiation Project Initiation focuses on the review of relevant background information, development of a detailed work plan, and an initial meeting with the client to clarify a mutual understanding of the project. Phase One lasts approximately six months and includes three site visits. Project Preparation, Including a scoping meeting with the client, to develop a Detailed Project Work Plan and Timeline, and identify potential barriers to a successful plan. The Cul Aral Planning Group 24 ^ Formation of a Project Steering Committee composed of planning stakeholders, which will provide input and advise to the consultant team throughout the planning process. A thorough Document Review, examining relevant City and County organizational plans and studies. Develop Research Protocols for planning effort, identifying key research outcomes and methodologies. • Identification of a Key Person Interview and Organization list, building on our existing knowledge and relationships in Santa Ana. Development of a project Communications Plan, to keep all planning participants informed throughout the planning process and to provide an avenue for input to the consultants. Research' Inventory of Santa Ana's Arts and Cultural Assets: We will prepare an inventory of nonprofit arts organizations, venues and major programs as a basis for assessment of the community's arts ecosystem. We will utilize a combination of available data and information collected through the community engagement/research process. Analysis of Arts Community Data: We can "mine" information collected by the City on its arts grantees, and through studies such as Arts and Economic Prospority IV, to develop a portrait of the arts ecosystem. We will determine the exact scope of this work in consultation with the City, once the project needs are better defined. National Assessment. We will identify a cohort of relevant cities and /or programs for a study comparing agreed -on criteria and /or describing model programs. This benchmarking study can focus on levels and types of arts funding, model approaches to programs of interest to Santa Ana, national trends, best practices, approaches to cultural equity, community arts, and other factors. In addition, we can profile model organizations or initiatives of special interest. We will determine the exact scope of this work in consultation with the City, once the project needs are better defined. • Local Assessment, including compilation of demographic and arts data, articulation of the history of arts in Santa Aria, review of Arts and Culture Commission programming, staffing and support systems. • Assessment of Funding Resources, including both public and private funding sources. • Additional Comparisons of Santa Ana with National and Other Benchmarks: Using available datasets, such as the Local Arts Index and other national studies, we can identify salient points of comparison for Santa Aria. It will be important to use comparisons to identify The Cultural Planning Croup 25 what makes Santa Ana special, as well as where its gaps or weaknesses lie, Ultimately, comparisons can be a powerful advocacy tool for adoption of the plan. • Creative Industries Recommendations: The consultants will review existing data on Santa Aria's creative industries and conduct stakeholder interviews and focus groups designed to elicit the needs, possibilities and suggestions for supporting development of the local creative economy. The exact focus of the consultants' tirne and effort will be defined in consultation with the City, once the needs of the project have been clarified. • Success Metrics: The consultants will develop several (3 — 5) Indicators that the City can use to assess its implementation of the plan and to demonstrate success, where it has been achieved. Deliverables: • Detailed work plan and schedule. Final report documentation from document review. • Orientation for Steering Committee. ■ Communications plan. Inventory of local cultural assets, facilities and programs. Creative industries recommendations. • Success metrics. • Benchmark study of comparable cities and /or model program descriptions. Community Engagement • Initial Meeting with Steering Committee, to clarify understanding of planning issues and project goals. This framework of issues and goals will be tested and modified through the phases and the community research process. • Tour of Santa Ana, to update our understanding of Santa Ana's arts and cultural resources, developments and neighborhoods, and its adjacent cultural corridors. • Ongoing coordination of periodic meetings of the Steering Committee, including providing summary written and oral reports on various aspects of the plan as it develops. The consultant will work with the Committee to develop a Vision and Mission Statement for the development of the plan. • Key Person Interviews conducted by the consultants with cultural and city stakeholders, public officials, funders, media representatives, etc., to explore and develop key issues. • Focus Group Meetings conducted to allow for in -depth exploration of selected issues, likely stakeholder groups include downtown businesses, tourism industry leaders, artists, arts patrons, and cultural leaders. Fhe Cultural Planning Group 26 Community Conversations, with the general public, working in tandem with ACTA to ensure a deep reach into communities. • Online Community Opinion Survey, to identify their participation in arts and cultural activities, and determine their cultural needs and preferences. This survey is an excellent tool for reaching beyond the usual arts stakeholders and learning critical information about the city's cultural interests and vision. Del Iverabies: • Periodic meetings of the Steering Committee. • Community Engagement reporting and data • Online resident survey design and administration with a summary report. • Final report documentation from interviews and focus group meetings. Phase Two lasts approximately three months and includes two site visits. Identity Preliminary Strategies and Recommendations, for review and discussion by the client group and the Steering Committee. • Develop a Draft Santa Ana Arts and Culture Master Plan with strategies and recommendations based on the totality of the community engagement and research. To assure clarity and better implementation, each recommendation will identify a lead agency, partner agencies, costs and resources needed, potential funding sources, a starting year, initial steps and other detail. • Internal vetting of the draft plan by City staff and the Arts and Culture Commission. Presentation, review and vetting by the Steering Committee, • Follow -up Interviews and Meetings as required to fully vat the draft plan with key decision- makers and stakeholders. Y Convene a (Second) Town Hall Meeting to present the draft plan and gather resident and stakeholder input. • Presentation of the draft plan to the City Council, preferably in a work or study session, allowing in -depth discussion of the plan recommendations and strategies. Deliverables: • Preliminary Strategies and Recommendations • Draft Santa Ana Arts and Culture Master Plan The Cultural Planning Group 27 • Second community town hall meeting • Partnering and funding strategies and plan • Follow -up interviews and meetings Approvals Phase three lasts approximately three months and include one site visit. • Develop a Final Plan document, which fully develops arts and cultural strategies for Santa Ana, identifying funding, programming and collaborative opportunities, roles and responsibilities, partnerships and alignment with City goals and initiatives. The final plan will incorporate the results of the vetting of the draft plan. Draft recommendations that do not have a viable lead agency or are otherwise deemed infeasible will be modified or removed from the final plan. This avoids "setting up the community for failure" and better assures support for adoption. The plan will include an implementation chapter, budget pro- formas, and other components as needed to assure successful review, adoption and transition to Implementation. In addition, the plan will Include a description and record of the planning process, background documentation from plans and studies, and other archival information considered useful to future use of the plan. The final format of the plan can include a printed executive summary, an electronic /online version, and a full document (with appendices) as the complete record of the plan. • Conduct a Workshop for Implementation Partners to refine and confirm roles, and help create the conditions for successful Implementation. This recognizes that the City will be Just one of the partners to implement portions of the plan, The purpose of this workshop is to confirm their commitment to participate in the implementation of the plan. • Presentations of the Plan to Approving Agencies, including the Arts and Culture Commission, Steering Committee, City and other implementing agencies or organizations. Deliverables: • Final Santa Ana Arts and Culture Master Plan, including detailed implementation plan • Implementation partners' workshop • Presentations to Steering Committee, City staff and City Council The Cultural Planning Group 28 Role of the City of Santa Ana The City of Santa Ana agrees to provide the following assistance during the project: Assembling and transmitting to the consultants, all documents, plans, policies, studies, data and other literature relevant to the planning process. Attendance at relevant meetings, including meetings of the Steering Committee; also at selected stakeholder and community meetings where the presence of City staff would not deter candid input and discussion of planning ideas. • Development of engagement lists, such as potential steering committee members, interviewees, stakeholder discussion group participants, etc., in consultation with the consultants. Scheduling of interviews, focus groups, meetings and other planning activities and announcement /publicity for any public meetings. Logistics for all meetings and other planning activities Implementation of the communications plan, including potential development of an online project portal with content to be developed by both the consultants and the client. Distribution of the community online survey, through electronic lists, newsletters, print, and other publicity, in cooperation with CRG's Research Director Assistance with GIS mapping, utilizing the City's mapping capabilities • Duplication and printing of the draft and final plan documents. d Timely response to consultant inquiries, requests, draft documents and other planning materials. The Cultural Planning Group 34 Project Personnel The Cultural Planning Group will use a consulting team of two CPG personnel for this project, plus sub - consultants. The table below identifies the people, roles, and relationships for our team. CPG reserves the right to shift the roles and use of team members' team within project tasks and, if a substitution is necessary or desirable, to do so with the agreement of the City. Santa Ana Arts and Culture Master Plan Proposed Consulting Team Organizational Chart Firm & Consultants Project Role Notes The Cultural Planning group Responsible for development CPG has extensive national of overall plan, community experience In cultural planning. Jerry Allen, Partner engagement, analysis and Jerry Allen brings experience In Linda Flynn, Research Director Integration of findings, and cultural planning, research, preparation of planning community process, team documents. leadership and writing. Jerry Allen The Cultural Planning Group brings deep experience In management of local arts agencies 444 Hoover Road and public art. Soquel, CA 95073 Linda Flynn has extensive research (prryt?4dturaimlgnnlrlft:cm experience with nonprofit and 831 - 465 -1953 (office) corporate clients, and has 415 -271 -0102 (mobile) developed new approaches to community engagement in arts mm projects. v „p.s. aartographds Responsible for contextual Plettner - Saunders brings skills as a Victoria Plettner - Saunders, Chief research (local and national strategic planner, financial analyst Strategist assessments); assist with and experience as former local ads 4769 Kensington Drive community engagement, agency staff person. She also brings Sari Diego CA 92116 analysis of findings, and training and experience with the role yictprig sy,gtggraPh 6,c0m Preparation of planning of art in communities, arts 819- 540 -2925 (offioa /mobile) documents. education, and the development of young professional leadership efforts. Alliance for California Community outreach, local ACTA is recognized for its work to Traditional Arts (ACTA) advisor, team analysis of plan connect artiste and communities in Issues and strategies the area of traditional arts, and Amy Kitchener, Executive culturaliy competent leadership. Director They have specific experience and Quetzal Flores, Program knowledge of the Santa Ana Manager community, Cltlalli Chavez, Project Coordinator Co. located at Community Partners 1000 N, Alameda Street Suite 240 Los Angeles, CA 90012 The CUItUral Planning Group 35 Anticipated Timeline and Deliverables Schedule The following is a preliminary project schedule. The exact timing of project activities and deliverables will be determined in consultation with the City, as the project proceeds. Anticipated Project Timeline and Deliverables Schedule Phase Project start /contract signing Services & Deliverables pates June 2015 Phase I: Community Three site visits June — December 2015 Engagement and Research Interim research and planning Interim reports and presentations Phase II: Santa Ana Arts and Culture Master Plan Development Phase III: Santa Ana Arts and Culture Master Plan Presentation and Approvals The Cultural Planning Group Two site visits Draft plan development and vetting Revisions One site visit Development of final plan documents Presentations and approvals January -- March 2016 April — June 2016 36 Affamrall FEE SCHEDULE Project Price and Detailed Task List The Cultural Planning Group agrees to fulfill this scope of work for a flat fee of $175,000, This table presents a detailed listing of project tasks and time allocations, in the approximate sequence of activities. Please note that this is based on our current understanding of the project, and this table will form the basis of a detailed work plan to be developed in consultation with the client during initiation of the project. CPG reserves the right to reallocate the use of its time and billings, within the overall agreed upon contract price of $175,000. The ACTH column lists activities, rather than hours, because the ACTA team includes three members billing at different rates. Once the project scope is clarified, ACTA's activities will be specified, within an overall negotiated fee. enasesisaSKS Allen Saunders Flynn ACTH hours hours hours activity __. —. Phase One: Project Initiation, Community 2d 12--"'-'- ...W.-__ __ 3U Engagement Finalize contract, project schedule and methodology 4 Documents, plans, literature review, with summary 2 8 4 report: City general and area specific plans City departmental plans (Parks, Transportation, etc) City economic development strategy Strategic Plan Visitor and tourism programs Plans developed by partner agencies Documents related to key project stakeholders Assist in identifying Steering Committee members 2 Development of Outreach Strategy 4 8 Master list of project stakeholders (with client) Develop standard formats for public documents Develop interactive project website (MindMixer) 12 Development of public participation plan, including: 4 4 X Public forums or town hall meetings On -line surveys of residents & key stakeholders Focus groups Key person interviews Youth involvement Community conversations Prepare Steering Committee orientation 4 Develop project communications plan 4 4 Site Visit 1 (3 days on site) 24 24 24 X Meet with City project staff Tour City /identify & map and resources /facilities -1 be Cultural Planning Croup 29 rnasesi i asrcs Allen Saunders Flynn ACTH hours hours hours activity Interviews with key City leadership Initial meeting of Steering Committee Orientation to planning process Critical issues and opportunities Vision and mission Identification of key project stakeholders Initial key person interviews Identify benchmark cities for comparative study Interim Activitles 20 45 42 X Develop protocol for on -line resident survey 4 12 Develop on -line survey of artists & cultural ergs 4 8 Gather lists for resident, artist and org. surveys Develop protocol for best practices study 4 Develop format for benchmark cities study 4 Inventory/evaluate existing arts programs, facilities 12 Presentation for town hall meeting 4 2 2 Develop MlndMixer site 12 Local Assessment, with summary report Cultural asset Inventory and mapping 2 8 8 Data collection, including: 4 4 demographics, artist data, support systems History of the arts in Santa Ana 4 Review of Arts & Culture Commission 8 Programs Staffing Support Resource assessment, including: 8 4 funding & other support systems Site Visit 2 (3 days on site) X Meetings with client staff 24 16 24 Key person interviews Develop plan for "Festival of Ideas" Training for community conversation volunteers Meeting with Steering Committee Project update Visioning Exercise Discuss unique aspects Santa Ana Review online survey protocols Identification gaps in the cultural ecology Discussion of issues and opportunities Interim Activities 4 24 40 Distribute /monitor on -line surveys 16 National assessment, with summary report 20 The (DUtt.tral Planning GrOLIP 30 Allen Saunders Flynn ACTA hours hours hours activity ..... -- Trends w Conduct benchmark cities study Conduct best practices research Relevant master plan Successes and Failures Preliminary Analysis of on -line survey responses 4 4 16 Monitor MindMixer site 8 Site Visit 3 (5 days on site • 2 consultants /3 days 32 24 32 X on site . q consultant) Meetings with client staff Kick -off town hall meeting Key person interviews Focus group meetings Community conversations Meeting with Steering Committee Project update Review online survey analysis /report Discussion of findings to date SWOT analysis of Local cultural issues /assets Interim Activities 34 24 34 Develop creative industries recommendations* Develop program structure and support systems 4 4 Analyze City budget and funding potential 4 Analyze non -City funding potential 8 8 Other governmental sources Foundation support potential Corporate funding potential Individual philanthropy Sponsorships and other earned income potential Data Analysis, including Assemble raw data set - analyze key findings 12 Report on benchmark study and best practices 4 Report on surrey and MindMixer results 6 Summary report on research methodology 4 Prepare summary report on SWOT analysis 6 Develop success metrics 8 Develop preliminary strategies & recommendations 12 8 4 Phase Two: Plan Development Site Visit 4: (3 days on site) 24 24 24 Meet with client staff Second town hall meeting: preliminary strategies Follow -up key person interviews Follow -up focus discussion group meetings The ( uRurral Ranning Group 31 Allen Saunders Flynn ACTH hours hours hours activity { Meeting with Steering Committee Project update Preliminary strategies & recommendations Presentation of survey reports Presentation of benchmark and best practices Discuss of potential arts development partners Interim Activities 28 16 12 Analyze feedback on strategies & 4 4 4 recommendations Align plan goals with general & other City plans 4 Write and distribute draft arts and cultural plan 24 8 8 Site Visit 5: (3 days on site) 24 Meet with client staff Meeting with Steering Committee Project update Discussion of draft report Discussion of advocacy strategy Follow -up interviews Presentation of Draft Plan to Arts Commission City Council Workshop on draft plan Meetings with implementing partners Interim Activities 22 12 10 Analyze feedback from draft plan 4 4 Writeldistribute final plan 16 8 8 Phase Three: Final Plan Review and Approvals 16 Site Visit 6: (2 days on site) 16 Meeting with Steering Committee Approval of final arts and cultural plan Implementation strategies and timetable Presentation of final plan to partner agencies Presentation of final plan City Council 6 months phone consultations after approval of plans Total hours: 272 221 272 Hourly rate $150 $125 $150 Flat rate Consultant fees: 4.0,800 27,625 40,800 25,000 Budget Consultant Fees $134,225 The Ctdtural Planning Group 32 rnasesrsasKs Allen Saunders Flynn ACTA hours hours hours activity Estimated Travel Expenses $22,4320 Airfare 5 trips (SJC to LAX) @ 350 1,750 4 trips (FILL to LAX) @ 550 2,200 Automobile mileage - 1200 miles @ $0.60 720 Hotels - 53 nights @ $180 9,540 Per diem - 53 days @ $70 3,710 Car rental /ground transport 30 days @ $75 2,250 Parking /airport -50 days @ $15 750 Travel Budget for ACTA 2,000 *Allocation for creative industries recommendations $4,432 Overhead - legal, accounting, insurance, etc. (10% of $13,423 consulting fees) Grand Total; The Cultural Planning (Droup $175,000 33 Insurance Company EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY SEWT?4Nt -L Ir uLfe, -N 0-ff C® , This endorsement modifies such insurance as is afforded by the provisions of Policy # RA4 3180/ 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 s-/I2 %yam , this endorsement form as a part of Polioy# t-t S>6• LZ- 7-V Issued to _ 7N� r -uc-1u Akt .. L04A"A1 r�vE 6 go Ulo u�' Named Insured Countersigned by :�4 _ Authorized Representative Ito] ` ° 'a CERTIFICATE OF LIABILITY INSURANCE vets (MMroWYYY17 5/12/2015 THIS CERTIFICATEIS ISSUED AS A MAT'T'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE APPORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURGR(S), AUTHORIZED REPRESENTATIVE OR PRODUCER ANDTHE CERTIFICATE HOLDER, IMPORTANT; If the oerfHloate holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBR0391'I0NIS WAIVED, subject to the forme and oohdltichs of the policy, certain policies may require an endorsement. A statement on this oortificate does not confer rights to the oertlfloate holdor In Ilou of such endorsomsnt(B), PR o c R SUHR RSK SRVCS OF CA INS EIRKRS /PHS 151n466 P: (866) 467 -8790 P: (888) 443 -6112 PO PDX 33015 SAN ANTONIO TX 782655 DDNTADT (A1,No.EU): (866) 467 —'8730 (n c,Nal: (888) 443 -6112 A'DDR'ESS! IN6URERl6)ArF0R01N0 ODVERAGE NAIW INGURERAI Sentinel %na 00 LTI) INSUR07 THE CULTURAL PLANNING GROUP, LLC 4769 KENSINGTON DR SAN DIEGO CA 92116 INEIIR6R& INSURER a: INSURERS: INSURVREI 41/ 000, 000 Nau"Rr: OLAIMB MADE OCCUR 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 RrQUII;SMENT, 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 POUOIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TMSR TYPR pnrNSlIRANOM ADOL 6UJIJi ptlGCyNtlraaRR 1.OTJCPSNR NJMMU YYX IY)ucyxYR L1MlTq COMMERCIALGaNaRALUAEILn`Y EAOH CGOWRONCE 41/ 000, 000 OLAIMB MADE OCCUR DAMAQ—E PREMISES (to nanea 41000 ,000 X MED ENP(Aay We pereon) 410'000 A General Liab X 57 SEA LG1081 10/01/2014 7.0/01/2015 PERSONAL A ADY INJURY Qtr 000, 000 GeNERALAGGREGATE $2,000 0 00 N'L ACCR A LIMIT AP IES PER, PC )LICY PEnY LOC LL ---II PRODUCTS - GOMP /OP AGO $2,000,000 OTHER: 6 AUTOMOBILE LIABILITY COMBINEOSINGL5 :MIT eRaaaaarn 41, 000, 000 A X ANYAUTO ALLOWNBD 10TP1,111D HIRED AUTOS X ANON-OWNED 57 SBA LG3061 10/01/2014 10/01/2015 BODILY INJURY (Per perwil) 4 BODILYINJURY(Pereeeldoal) 4 PROPERTYDAMAGE (Par awlltlant) 4 4 UMBRELLA LIAB ODOUR EACH COCURRENOE 4 EXCESS LIAB CLAIMS -MADE. AGGREGATE 4 Dee nei9NTIpNb $ IVON(PRSLp1fP4A5ATlON ANn FgRIAYRkY�Lgk(G!'PV ANY PROPRITTOPIPARTNERIEXEOUTIVE YIN OFFICERNEMBER EXCLUDED? (Mandaary in NH) ❑ NIA PEn OTH STATUTE Eft E. L. EACH ACCIDENT E,L DISEASE EA EMPLOYEE IF Yee, dosatbe under DESCRIPTION OP OPERATICNS bebW ELF DISEASE � POLICY LIM11' - DE6f,RIPTISNtlPOPERATK INS /LOaA79ONSlVENIGLES (AGORB 101,Addltbml Remarba Sahadule, maybe allaoheq IP mom Ppgak Ie Mqulrer0 Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this OpfV policy. 1119 CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DGLIVE ED IN ACCORDA Q H THE R01 0 p OV SIGN City of Santa Ana AUTNOPo2ED n0PRESCNTA1_VE 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 777% Q 1983.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD J 0 CERTIFICATE OF LIABILITY INSURANCE 8002 I THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATWELY 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 pollcy(ies) must be endorsed. If SUBROGA710NIS 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 Oeu of such endorsement(s). RO E SUHR RSK SRVCS OF CA INS BRKRS /PHS 151466 P: (866) 467 -8730 F: (888) 443 -6112 PO BOX 33015 SAN ANTONIO TX 78265 CONTACT ft- ... ID,H.,Eao: (866) 467 -8730 FAX (888) 443 -6112 IIAIFI5 INSURER(S) AFFORDING COVERAGE NAIC% NSVRERA: Sentinel Ins CO LTD 11000 INSURED THE CULTURAL PLANNING GROUP, LLC 4769 KENSINGTON DR SAN DIEGO CA 92116 INSURER B: INSURER C', INSURER In $1, 000, 000 INSURER E: INSURER F. aaIm 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. IKSE TYPE UPJAWVcUJNCE AUDI SUER POLIC'YNUAIOER PE IC.YEF'F ,11.11 /DMTY VOLICTEVI, LIMITS SANTA ANA, CA 92701 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 CLAWI3,MAOE OCCUR PREMIES(E. ms BD PREMISES (Ea occurrence) 51, DDD, OOD X X MED EXP (Any one parson) $10, 000 A General Liab 57 SEA LG3081 10101/2015 10/01/2016 PERSONAL &ADV INJURY Pl, D00, DDD GEN'L AGGREGATE LIMIT APPLIES PER POLICYI PRO' LL..__....JJ ECT � LGC GENERALAGGREGATE 52, 000, 000 PRODUCTS - COMPIOP AGG S2, 000, 000 OTHER: 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accldam) $1, 000, 000 A ANY AUTO ALL OWN@ SCHEDULED AUTOS AUTOS 5'I $BA LC-3081 10/01/2015 10/01./2016 BODILY INJURY (Per peraon) $ BODILY INJURYPeracCime ( ) 5 X HIRED AUTOS X NONOWNED AUTOS PROPERTYDAMAGE (Per content) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE 0 EXCESS LIAB CLAIMS-MADE o¢n RETErvnervs II'01(XERS CUOe'6'NSSPIP,Y AND EMPLOYEES' ullpf ITY PER p ;µ STATUTE ER ANY PRUPRI£TOWPARTNERIEXECUTIVE YIN OFFIOER)MEMBER EXCLUDED] (Mendefory, In AIR El E.L. EACH ACC30ENT $ 81. E.L. DISEASE. EA EMPLOYEE 5 If Yea. describe under DESCRIPTION OF OPERATIONS WD. E D DISEASE. POLICY LIMIT $ OES(RIPTJON OF OPERA DIONS / LOCA DONE/ VEHICLES (ACORD 101, Additional Remarks Bckodulo, may be attached It mom space is reputres) Those usual to the Insured's Operations. Certificate Holder is an Additiorol� Insured per the Business Liability Coverage Form SS0008 attached to this policy. cxa1""JIFA ), (Gl 1088 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORD6NCE WITH THE POLICY PROVISIONS. City Of Santa Ana AUTHORIZED REPRESENTATIVE 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 (Gl 1088 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICYNUMBER:57- SBA LG3081 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON - ORGANIZATION 002 001 CITY OF ROSEVILLE ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS 311 VERNON ST ROSEVILLE, CA 95678 001 001 CITY OF HOUSTON 611 WALKER ST HOUSTON, TX 77002 THE CITY OF SANTA CLARITA, ITS RESPECTIVE ELECTED AND APPOINTED BOARDS, OFFICIALS, OFFICES, AGENTS, AND EMPLOYEES 23920 VALENCIA BLVD SANTA CLARITA, CA 91355 CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA CA 92701 Form IH 12 00 11 85 T SEQ, NO. 015 Printed in U.S.A. Page 001 Process Date: 07/18/16 Expiration Date: 10/01/16 (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. S. 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. & Additional Insureds When Required By Written Contract, Written Agreement Or Permit The persons) or organizations) identified in Paragraphs a. through f. below are additional insureds when you have agchd in a written Page 11 of 24 (6) When You Ara Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured, However, the following provisions apply to other insurance available to any person or organization who Is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This Insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If otter insurance is also primary, we will share with all that other Insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance, We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown In the Declarations of this Coverage Part. o. Method Of Sharing If all the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damak%, �' go 17 of 24 f V MBV CERTIFICATE OF LIABILITY INSURANCE 8001 DATE (MMIDD/YYYY) 8/31/2016 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROD C R SUHR RISK SVCS OF CA INS BRKRS INC CONTACT NAME j POLICYNUMBER:57 SEA LG3081 t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON - ORGANIZATION 002 001 CITY OF ROSEVILLE ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS 311 VERNON ST ROSEVILLE, CA 95678 001 001 CITY OF HOUSTON 611 WALKER ST HOUSTON, TX 77002 THE CITY OF SANTA CLARITA, ITS RESPECTIVE ELECTED AND APPOINTED BOARDS, OFFICIALS, OFFICES, AGENTS, AND EMPLOYEES 23920 VALENCIA BLVD SANTA CLARITA, CA 91355 CITY OF SANTA ANA ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLZ SANTA ANA CA 92701 Form IH 12 00 11 85 T SEQ. NO. 015 Printed in U.S.A. Page 001 Process Date: 08/31/16 Expiration Date: 10/01/17 � v (�e'J ewe lo") a W6