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HomeMy WebLinkAboutAGMT - Anderson Penna Partners Inc (Temporary Code Enforcement Services)PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 P Anderson Penna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 949 - 428 -1500 This Professional Service Agreement ( "the Agreement') is made as of April 11, 2017 (the "Effective Date "), by and between Anderson Penna Partners, Inc. ( "Consultant'), a California corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1of10 RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with the personnel to perform such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide the specific designated personnel to perform those services ( "Services ") set forth in Consultant's proposal dated February 7, 2017 and attached as Exhibit A, which is hereby incorporated by this reference. Specifically, Consultant shall provide the personnel designated in Exhibit A to serve as City's temporary municipal code enforcement officer. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall that its employees perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances, in a similar geographic locality, and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant and its employees or agents shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of up to six months or a maximum of 650 hours service as a temporary code enforcement officer in a fiscal year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation 2of10 City will pay Consultant in accordance with the hourly rates and mileage reimbursement amounts shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total amount of $40,000.00. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice unless City gives Consultant notice that some amount in the invoice is disputed, in which case the parties shall meet and confer to resolve such dispute. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 15 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1, The City Manager is the City's representative for purposes of this Agreement. 6.2. Scott Barber is the Consultant's primary representative for purposes of this Agreement. 3 of 10 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: AndersonPenna 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Attn: Stephen G. Badum, PE 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4 of 10 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. However, only the individuals listed in Exhibit A shall be deployed by Consultant to perform the Services. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, and employees serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer 5of10 to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement /location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be reduced or canceled except after 30 days prior written notice by mail, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, and employees, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, and employees, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, and employees, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 6of10 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees,. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, and employees,; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall indemnify, but not defend, and hold the City, its officials, officers, employees and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, intentional wrongdoing or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and other related costs and expenses, except for such loss or damage arising from the negligence or willful misconduct of the City. Consultant shall reimburse City and its directors, officials, officers, and employees, , for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, caused by the negligence or other fault by or attributable to the indemnitor, its employees or agents, and determined by a court of competent jurisdiction.. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance 7of10 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further represents that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 8of10 20.2. Consultant further represents and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant represents and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 9 of 10 CITY OF SEAL BEACH CONSULTANT Attest M Hpproveo a r By: Craig A. Steele, City Attorney 10 of 10 ANDERSON • PENNA • PARTNERS IN PROJECT DELIVERY• February 7, 2017 Jill Ingram City Manager City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Subject: Professional Interim Community Development Director Services Dear Ms. Ingram, AndersonPenna Partners, Inc. (APP) is pleased to submit this proposal to provide the City of Seal Beach (City) with interim community development director services. We understand the assignment will consist of period of six (6) months and is subject to City Council approval. We also understand that the City is in need of municipal code enforcement services, which APP can also provide. Interim Management Services APP proposes Scott Barber as interim community development director for the City. Scott has extensive experience in managing planning, building and economic development services. He brings 28 years of local government experience, creating success through outstanding innovation and strategic partnerships, coupled with a fundamental and deeply ingrained understanding that public trust is earned each day and must never betaken for granted. Scott Barber has the specialized skills that are required for this interim position and is an excellent fit for the City. Mr. Barber will be available to the City for an equivalent of three days per week. Scott is also available for additional hours at the start of the interim services period. He is also available for limited hours outside of normal business hours such as Council or Commission meetings, public workshops or meetings and special events as required. APP understands that this interim appointment of CaIPERS retired annuitant is subject to Government Code Section 21221(h) - specific requirements and that the City will pass a resolution that will address the following: • The interim position is for a fixed duration, six months. • The City will declare that this interim position and Mr. Barber's skill level is required for the continuation of vital City services. • The interim position shall be limited to a maximum of 960 hours per fiscal year. • APP shall establish the hourly rate of pay to Mr. Barber to be not less than the minimum nor exceed the maximum monthly base salary of the City's current position divided by 173.333 hours. Optional Code Enforcement Services APP's Code Enforcement Division is equipped to handle program analysis and implementation, training and temporary staff assignments to assist the City for its municipal code enforcement needs. APP's Code Enforcement Division is managed by Doug Leeper. Mr. Leeper has over 30 years of experience in public safety and code enforcement including developing, implementing and managing code enforcement programs. APP maintains a staff of qualified code enforcement officers that may meet your needs. We have included Vivian Jaramillo's resume, our proposed candidate, for your consideration. Mr. Leeper is also available for special projects and program consulting. 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 92660 • 949 428 1 500 WWW.ANDPEWCOM 1 225 W. 1 90TH STREET. SUITE 255 - GARDENA, CA 90248 • 31 0 359 1203 CERTIFIED DBE City of Seal Beach February 7, 2017 Page 2 Project Fee and Schedule Interim Management Services ANDERSON PENNA The APP hourly billing rate for this position is $150 per hour. The estimated duration of services will be six (6) months (24 weeks @ 24 hours per week) after City Council approval and notification to proceed. This rate includes the allowed pay rate per Government Code 21221(h) and APP's overhead costs which includes: sick, vacation, and holiday pay; medical insurance including medical, dental, and vision plans; payroll taxes; 401 K plan; worker's compensation insurance; and liability insurance. Estimated Total Fee, (approx.600 hours at $150 per hour): $90,000 Transportation costs, (max six months at $500 per month): $ 3,000 Code Enforcement Services The APP hourly rate for Code Enforcement Officer is $60 per hour. We also charge mileage at the standard IRS rate for assignments within the City (non - commute). Ms. Jaramdlo is available immediately and can work part or full time. Should you have any questions, please do not hesitate to contact me at (949) 795 -9068 or sbadum @andpen.com Sincerely, AndersonPenna Partners, Inc. en 6. Barium, PPE Vice President, Municipal and Engineering Services 4 a Professional Interim Community Development Services for the City of Seal Beach Scott Barber Scott Barber brings 29 years of local government experience, creating success through outstanding innovation and strategic partnerships, coupled with a Public Administration fundamental and deeply ingrained understanding that public trust is earned each day and must never be taken for granted. Scott also has extensive experience in Education development processes and economic development activities related to business MBA /1999 /Business /California attraction through entitlement and permitting incentives. He has excellent Baptist University, Riverside communication skills and presentation skills, combined with solid budgeting and BA /1983 /Theater Arts/ finance experience. University of California, Riverside RELEVANT EXPERIENCE Years of Experience Entered the profession in 1988 Code Enforcement Program Review, City of Burbank, CA. Served as executive management representation for the City's Code Enforcement Program Review project. San Mateo Sober Living Civil Case, County of San Mateo, CA. Served as expert witness for the County of San Mateo in defense of a federal civil rights complaint regarding housing discrimination. City Manager's Office, City of Riverside, CA. Served as city manager for the City of Riverside (City), a full- service, municipal corporation with annual budgets of approximately $1 billion and 2687 FTEs. The City is the 12th largest city in California and has a population of 308,511 citizens in an area of about 80 square miles. The City is unique from many other cities in California, as it has its own publicly owned utility (electricity and water) and operates a regional water quality control plant. Municipal services provided by the City include police, fire, roads, parks, museums, libraries, development services, an airport, and internal service functions in support of operational departments. The City has an elected Mayor, seven Councilmembers elected by wards, and is a charter city with a Council- Manager form of government. (08/2011- 12/2014) Responsibilities and accomplishments include: • Revised citywide budget procedures to increase transparency in the creation and tracking of project expenditures and strategic use of General Fund reserves. • Lead the stakeholder involved design process for the $45- million reconstruction of the Riverside Convention Center. • Created the successor agency to the City's former redevelopment agency, and successfully lead the City to a "Finding of Completion" from the California Department of Finance for the long range property management of more than 30 properties, and the approval of $1.57 billion in Recognized Payment Obligation Schedule (ROPS) reimbursements. • Completed the construction of two new City parks (Doty-Trust and Ryan Bonamino), utilizing multiple funding sources (COPS, RDA bonds, inter -fund loans) for a total cost of approximately $14 million. • Lead the educational outreach for two citywide ballot measures reauthorizing a parcel tax for library services (Measure 1), along with the reauthorization of a transfer of water utility revenue to the General Fund of $6.7 million annually (Measure A). Both measures passed by more than sixty -six percent (66 %)• • Revised the City's Economic Development Action Plan, embedding in the plan the principles of Riverside "Seizing Our Destiny ", which is a community -based movement driving the City's economic future. The end result was an annual increase in local jobs of 3,200 private sector, along with 12,000 construction - related positions associated with various local and state transportation projects. • Reorganized City operations, merging art and culture functions with our municipal museum, the Development Department (that included Redevelopment) with our Community Development Department, and moved all capital projects (excluding park design) to our General Services Department. • Guided the "Business Ready Riverside" initiative, which included the implementation of electronic plan review (ProjectDox), creation of the "Business First" permit processing team who provide concierge service to new businesses t page ANDERSON-PENNA J Y Professional Interim Community Development Services for the City of Seal Beach creating jobs in Riverside, and the approval of the City Council to move towards "Smart Codes' for the upcoming General Plan cycle, which created form -based codes, eliminating the need for individual CEQA review on compliant projects within the Smart Code zones. Community Development Department (Department), City of Riverside (City), CA. Served as the community development director for the Department, which was formed during Fiscal Year 2005 -06 by combining the Planning and Building and Safety Department with the Code Enforcement Division of the Public Works Department. (08/2005- 08/2011) Responsibilities and accomplishments include: • Lead the adoption effort for a new General Plan, Zoning Code, Smart Growth guidelines and implementation matrix for the City's GP 2025, which won a Southern California Association of Governments "Compass Blueprint" award for excellence. • Completed the reorganization and improvement of the Code Enforcement Division, including the creation of national best practices with the Neglected Property Abatement Team, as well as winning state and national awards for our marketing and outreach programs. • Lead joint community /elected /staff meetings to create "Neighborhood Plans ", which are essentially neighborhood - based specific plans for the University and Eastside neighborhoods. • Assisted the City manager's office in outreach efforts to the environmental and historical communities, enhancing the City's representation and collaboration with these groups and the development community. • Assisted the City's economic development efforts through the creation of "fast track" programs, (business attraction through streamlined entitlement and permit processing) and developed the City's "Concurrent Processing" procedures, reducing an applicant's time and the costs associated with development projects. • Implemented the first "Incentive Based Green Building Program" in the State of California in collaboration with the Building Industry Association. • Budgeted, created and administered annual budgets ranging from $12 to $15 million. • Created a new revenue stream through the Neglected Property Abatement Program. • Selected and implemented new web -based code enforcement software (GoEnforce). • Revitalized planning division processes utilizing a staff - driven "Good to Great" approach, creating streamlined review guidelines and higher customer satisfaction. • Served as chairman of the Mobilehome Parks Rent Stabilization Board and implemented appeal processes and procedures. • Negotiated habitat transfers and removal of habitat designations on behalf of the City with the Regional Conservation Authority, Fish and Game, and Fish and Wildlife agencies. Transportation and Land Management Agency (TLMA), County of Riverside, CA. Served as assistant agency director /director of administration (08/2000- 08/2005) Responsibilities and accomplishments include: • Managed an annual budget of approximately $170 million ($100 million in programmed capital improvements), with agency oversight of 900 staff members. • Created the Environmental Programs Department, including policy, procedure and mission implementation, creation of ordinances and operating guidelines, staffing and budgets. • Lead and /or assisted in the recruitment and hiring of three department directors (building official, transportation director and planning director). • Responsible for all administrative functions of the agency, including Information resources, purchasing, human resources, payroll, accounting, customer service, and asset management. 2l page ANDERSON PENNA Professional Interim Community Development Services for the City of Seal Beach Douglas Leeper Doug Leeper brings more than 30 years of public safety and code enforcement experience. For 18 years, Doug served as a code enforcement manager and Code Enforcement Manager consultant developing, implementing and managing code enforcement programs. Education /Courses Doug has written policies, procedures, educational and training manuals, grant Code Enforcement Application and applications and ordinances. He has participated as a speaker and panelist at local, Supervision /Rio Hondo Community state and national conferences addressing code enforcement. He has testified College before a congressional subcommittee on domestic policy and the California State Criminal Justice /Golden West College Assembly Banking /Finance and Judiciary committees, received the League of California Cities' Helen Putnam Award for Excellence in Internal Administration Mediation /University of CA, Riverside and was a finalist in the Innovations in American Government Awards sponsored Criminal Justice /San Bernardino by the Harvard Kennedy School's Ash Center for Democratic Governance and Valley College, San Bernardino, CA Innovation. Doug co- authored the second edition of "Code Enforcement: A Fire Science /University of Missouri, Comprehensive Approach" for Solano Press, released in 2016. Columbia RELEVANT EXPERIENCE Certifications Post Disaster Assessment and Code Enforcement Services Managerat AndersonPenna Partners, Inc., Management Certificate Newport Beach, CA. Manages code enforcement programs, staffing and training ICS 100- 200- 300(FEMA) for client jurisdictions throughout Southern California. Basic, Intermediate, Advanced and Consultant/Owner, Code Enforcement Solutions, City of Nixa, MO. Supervisory Code Enforcement Consultant and owner consulting with municipal governments nationwide — Basic Mediation Certificate specializing /focusing on code enforcement, criminal and administrative processes. POST Clandestine Performed organizational, process and efficiency reviews. Documented current Methamphetamine Laboratory state processes and drafted future state processes with improvement and Identification Certificate efficiency recommendations. Trained staff on improvement techniques and code enforcement best practices. Drafted policies and procedures and served as interim POST Field Training director /manager during consolidation and improvement efforts for cities Officer Certificate nationwide. POST Basic Law Enforcement Re- qualification Certificate Instructor, California Association of Code Enforcement Officers, POST Officer Safety and Field Sacramento, CA. Instructor creating and presenting courses for code Tactics Certificate enforcement officers and supervisors. Courses created and presented include: "Recognizing and Responding to Financially Distressed Properties ", "Best Practices POST Basic Law Enforcement in Code Enforcement," as well as intermediate and advanced code enforcement Officer Certificate modules. These are comprehensive one -week, 40 -hour certification blocks. POST Basic Law Enforcement Academy Certificate Code Enforcement Manager, City of Chula Vista, CA. Code enforcement Basic Fire Science Certificates manager supervising 18 full -time employees and eight volunteers and an annual budget of $1.4 million. Managed the enforcement of municipal laws involving Awards zoning, housing, public nuisances, illegal construction and dangerous buildings. Helen Putnam Award Served as prosecutor and clerk in administrative hearings involving violations of Harvard Kennedy School zoning, housing and business license and building codes and served as expert Innovations in American witness in court proceedings. Drafted municipal ordinances, set internal policy, Government Award evaluated subordinate employees, provided written and oral reports to mayor and SCACEO President's Award city council involving general programs, statistics and specific cases. Served as Years of Experience division public information officer which included numerous television, radio and Entered the profession in 1979 print media interviews. Made presentations to civic and professional groups, homeowners and neighborhood associations and other departments to promote 31 Page /s ANDEFISON PENNA ♦d sca, �q, v Y Professional Interim Community Development Services for the City of Seal Beach city programs and community involvement. Drafted innovative residential abandoned properties registration and maintenance ordinance and enforcement program. This ordinance /program became a model for nearly 2,000 jurisdictions throughout the nation. Drafted hospitality ordinance and permit to operate program establishing minimum housekeeping, security and management standards for hotels /motels. Drafted temporary sign placement in public rights - of -way permitting ordinance and enforcement program. Code Compliance Manager, City of Riverside, CA. Code compliance manager overseeing 24 full -time employees and an annual budget of $2.5 million. Responsible for management and supervision of the enforcement of municipal laws involving zoning, housing, public nuisances, illegal construction and dangerous buildings. Served as prosecutor and clerk in administrative hearings involving violations of zoning, housing, business license and building codes; served as expert witness in court proceedings. Drafted policies and procedures, set internal policy, evaluated subordinate employees, provided written and oral reports to mayor and council involving general programs, statistics and specific cases. Code Enforcement Field Operations Manager, City of San Bernardino, CA. Code enforcement field operations manager responsible for 29 full time employees and an annual budget of $2.9 million. Supported development of the code enforcement program during consolidation of various sections of four departments into one large code enforcement division. Managed and supervised enforcement of municipal laws involving zoning, housing, public nuisances, illegal construction and dangerous buildings. Served as prosecutor and clerk in administrative hearings involving violations of zoning, housing, business license and building codes; served as expert witness in court proceedings. Drafted policies and procedures, set internal policy, trained and evaluated subordinate employees, provided written and oral reportstothe mayor and city council involving general programs, statistics and specific cases. Hired as a code enforcement officer, promoted to senior code enforcement officer and promoted again to field operations manager. Various Programs administered for the Cities of Chula Vista, Riverside and San Bernardino: • Reactive /pro -active code enforcement • Business license inspection /enforcement • Unfair business practices enforcement • Distressed property receivership • Dangerous building inspection /abatement • Lead paint inspection /abatement • Rental housing inspection • Mobile home park inspection • Multi- family housing inspection • Hotel /motel inspection • Tenant relocation program • Neighborhood revitalization program • Crime free rental housing education • Landlord /tenant mediation • Abandoned housing rehabilitation • First -time homeowner education • Owner- occupied residential grant program • Exterior accessibility grant program • Zoning enforcement program • Commercial improvement program • Recordation /lien /assessment program • Full cost recovery program • Illegal sign abatement program • Abandoned vehicle abatement • Hazardous weed /illegal dumping abatement • Graffiti abatement • Abandoned property registration program • Code enforcement volunteers program Police Officer, City of Branson, MO. Police officer patrolling assigned areas investigating suspicious activity to determine passible criminal activity, responding to calls for service, investigating reports of criminal activity interviewing victims witnesses and suspects, arresting violators, recovering evidence, writing detailed reports documenting all activities and observations; testify in court. Police Officer, City of Riverside, CA. Police officer patrolling assigned areas investigating suspicious activity to determine possible criminal activity, responding to calls for service, investigating reports of criminal activity, interviewing victims witnesses and suspects, arresting violators, recovering evidence, writing detailed reports documenting all activities and observations; testifying in court. 41 page /s AN DERSON-PENNA Professional Interim Community Development Services for the City of Seal Beach Firefighter, City of Trenton, MO. Firefighter maintaining all equipment, answering phones, providing information and dispatching assistance, responding to calls for service, driving equipment to reported location, providing required suppression /aid. Speaker /panelist/instructorat regional and national conventions and conferences of: • Mortgage Bankers Association • Federal Reserve Bank of San Francisco • California Mortgage Bankers Association • Federal Reserve Bank of Kansas City • United States Foreclosure Network • Chicago Metropolitan Mayor's Caucus • Real Estate Owned Managers Association • National Vacant Properties Campaign • National Service Providers Association • Center for Community Progress Reclaiming Vacant Properties Conferences 2010, 2012, 2014 and 2015 • California Escrow Officers Association • Land Banking Conference Kalamazoo MI 2012 • Pacific Southwest Association of Realtors • National Property Preservation Conference, Washington D.C. 2004, 2006, 2007 and 2008 • San Diego Association of Realtors • National Edu -Code Conference, Las Vegas, NV 2005, 2010 and 2015 51 page ANDERSON HNNA v Professional Interim Community Development Services for the City of Seal Beach Vivian Jaramillo Vivian Jaramillo (Kitty) has served as a code enforcement officer and a bilingual Water Conservation Enforcement Officer, City of Tustin, CA. Provided water police community services officer. Kitty is customer service focused, self- driven, Code Enforcement conscientious and is an effective officer /inspector. She has completed numerous Officer /Inspector classes in code enforcement as well as defensive driving, report writing, and declaration of drought and management of future water consumption. The work investigative techniques. Kitty has exceptional communication and people skills. Certifications/Training The City of Santa Ana recommended and honored Kitty and three other City Legal Aspects employees for participation in a vehicle abatement program. She also participated Community Development in the documentation of a department procedure manual for the abatement of Community Action dangerous and abandoned buildings. Inspection warrants and RELEVANT EXPERIENCE Basic Plan Check Water Conservation Enforcement Officer, City of Tustin, CA. Provided water OC Sheriff PC832 Certification conservation enforcement services for water conservation regulations that SCACEO Supervisory Modules became effective in the City of Tustin on June 1, 2015, as part of the state Awards declaration of drought and management of future water consumption. The work City of Fullerton Exceptional included enforcing the state mandate on water restrictions and managing a case Performance Certificate load within the City in support of its water conservation efforts. Coordinated with the City's Code Enforcement Division when required. Years of Experience Entered the profession in 1987 Community Preservation Inspector, City of Santa Ana, CA. Served as an community preservation inspector responsible for enforcing the City of Santa Ana Municipal Code regarding housing, zoning, vendor violations, vehicles abatement, sign and building codes. Responsible for monitoring three neighborhoods within the City, training new hires, issuing citations, participating in peer oral boards and report preparation. Code Enforcement Officer and Community Services Officer, City of Fullerton, CA. Served as code enforcement officer responsible for enforcing the City of Fullerton Municipal Code regarding housing, zoning, vendor violations, vehicles abatement, sign and building codes. As community services officer was responsible for conducting school programs, working with the school district, organizing Neighborhood Watch Groups, speaking and presenting to the community, patrol taking non -active police reports and administrative work. 61 page ANDERSON-PENNA A� 0® CERTIFICATE OF LIABILITY INSURANCE DATE (MMDDA'YYY) 7/29/2016 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 Dealey Renton and Associates Lic. #0020739 P.O. Box 10550 CAMEACT Robin Lee PHONE 714 427-6810 PA 714 427'6816 AID No E -MAIL . dee @dealeyrenlon.com INSURERS AFFORDING COVERAGE NAICIt Santa Ana CA 92711 -0550 INSURERA:Travelers Indemnity Co. of Connecti 25682 8/1/2016 INSURED ANDERPART INSURER B:Travelers Property Casualty CoofA 25674 INSURER c:Atlantic Specialty Insurance Com an 27154 AndersonPenna Partners, Inc. 3737 Birch Street Suite 250 Newport Beach CA 92660 INSURER D: DAMAGE TO RENTED PREMISES Ea occunence INSURER E: X INSURER F, $10,000 COVERAGES CERTIFICATE NUMBER: 1043668224 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 rypE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMMD/YYYY POLICY UP MkUDD/YYYY LIMITS A X COMMERCIALGENERALLIABRITY Y Y 680001HO89105 8/1/2016 8/112017 EACH OCCURRENCE $1,000,000 cl-MMS -MADE Fx1 OCCUR DAMAGE TO RENTED PREMISES Ea occunence $1,000,000 X MED EXP Any one person) $10,000 Contractual X BFPD XCU PERSONAL B ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 GEN'L POLICY O ECOT 7 LOC PRODUCTS - COMP /OP AGG $2,000,000 $ OTHER: B LABILITY Y Y BA3053L55fi 81112016 8/1/2017 Ea account $1,000,000 BODILY INJURY(Per person) $ ANY AUTO POMOBILE AUTOS NED AUTOSULED BODILY INJURY (Per acdtlen0 HIRED AUTOS x NON -OWNED AUTOS PR PERTYDAMA Per amidenl $ $ B X UMBRELLA LAB X OCCUR CUP6874Y728 81112016 8/1/2017 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LAB CLAIMS -MADE DEO I i RETENTION $ I $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYCERIMEETOR/PARTNDED? CUTIVE � OFFICERIMEMBER EXCLUDED? NIA y UB3708T659 I 8/1/2016 8/1/2017 PER DTH- X STATUTE ER E.L. EACH ACCIDENT $7,000,000 (f ory In NH) E.L. DISEASE - EA EMPLOYE $1,000,000 IIyes,RIPTI NuMer yes, describe DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $1,000,000 C Professional Liability DPL570616 8/1/2016 81112017 $2,000,000 per claim Claims Made $2,000,000 Ann. Aggr $40,000 Ded Per Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability policy excludes claims arising out of the performance of professional services. Umbrella Following Form Excludes Professional Liability. Re: All Operations as pertains to named insured. The City of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials are Additional Insured as respects to General & Auto Liability coverage as required by written contract. Coverage afforded the Additional Insured is Primary and Non - Contributory as respects to General Liability coverage. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this See Attached... CERTIFICATE HOLDER CANCELLATION 30 Days noticell0 Days nonpay © 1988 -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 City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach CA 90740 AUTNORUMD REPRESENTATIVE �tozp © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACORO® 11.—/' AGENCY CUSTOMER ID: ANDERPART LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Dealey Renton and Associates NAMED INSURED AndersonPenna Partners, Inc. 3737 Birch Street Suite 250 Newport Beach CA 92660 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. Waiver of Subrogation included in Work Comp. coverage as required by written contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERS �J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: UB3708T659 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization ALL PERSONS OR ORGANIZATIONS THAT REQUIRES YOU TO OBTAIN EXECUTED THE CONTRACT BEFORE DATE OF ISSUE:7/29/2016 017106 Schedule Job Description THAT ARE PARTIE TO A CONTRACT THIS AGREEMENT, PROVIDED YOU THE LOSS. ST ASSIGN: CA Policy # BA3053L556 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto' hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own. (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II— LIABILITY. COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 ® 2010 The Travelers Indemnity Company_ CA T3 53 03 10 Includes copyrighted material of Insurance services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV —'BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company_ CA T3 53 03 10 Includes copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (ARCHITECT, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (SECTION II): Any person or organization that you agree in a .contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are Iess.This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. the following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Sections IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that- (1 ) The "bodily injury" or "property damage" for which coverage is sought occurs, and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these CG D3 81 09 07 © 2007 The Travelers Insurance Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 81 09 07 © 2007 The Travelers Insurance Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission.