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HomeMy WebLinkAboutContracts & Agreements_137-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of services associated with Alliant Consulting Inc. ("Agreement") is made and entered in this 10`x' day of July,2015 ("Effective Date"),by and between the City of Redlands, a municipal corporation ("City)" and JM Research and Consulting ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the"Parties."In consideration of the mutual promises contained herein,City and Consultant agree as follows: ARTICLE I —ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to prepare, submit, and obtain approval of a Certified Local Government Application from the State of California for City's Development Services Department(the"Services"). 1.2 The Services shall be perfonned by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2—SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perforin are more particularly described in Exhibit "A,"entitled"Scope of Services,"which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including,but not limited to State prevailing wage laws. ARTICLE 3 —RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Sean P. Kelleher, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4—PERFORMANCE OF SERVICES 4.1 Consultant shall perforin and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit"B," entitled"Project Schedule,"which is attached hereto and incorporated herein by reference.The Services shall commence within ten(10) days of the Effective Date of this Agreement. 1 1Aca\djm\Agreemcnts\JMRC Agreement 7.2015.doex 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City,consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City Staff. ARTICLE 5—PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's perfonnance of the Services shall not exceed the amount of seven thousand eight hundred dollars($7,800). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit"C" entitled"Project Costs and Hourly Rates."Exhibit"C" is attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project. City shall pay Consultant no later than thirty(30)days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given,pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered(i) on the date of delivery in person; (ii)five (5) days after deposit in first class registered mail,with return,receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified,registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: 2ty Consultant Oscar Orci, Development Services Director JM Research and Consulting Development Services Department Jennifer Mennilliod City of Redlands 5110 Magnolia Avenue 35 Cajon Street, Suite 20 Riverside, CA 92506 PO. Box 3005 (mailing) Redlands, CA 92373 ARTICLE 6—INSURANCE AND INDEMNIFICATION 6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision 2 1Aca\djm\AgreementsUMRC Agreement 7.2015.docx prohibiting cancellation or modification of the policy except upon thirty (30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall provide City with Exhibit"D,"entitled "Workers' Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. 6.3 Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars($1,000,000)per occurrence and Two Million Dollars($2,000,000) aggregate for public liability,property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made. 6.5 Consultant shall have business auto liability coverage,with minimum limits of One Million Dollars($1,000,000)per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. 6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 —CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: 3 IAcaldjmVAgreements\JMRC Agreement 7?415.doex A. Does not make a governmental decision whether to: (i) approve a rate,rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize the City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party,or to the specifications for such a contract; (v) grant City approval to a plan, design,report, study or similar item; (vi) adopt or grant City approval of policies,standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity,participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8—GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor.Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services.Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been 4 IAcaldjm\AgreementsUMRC Agreement 7.2015.daex employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority,express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.5 Unless earlier terminated as provided for below,this Agreement shall terminate upon completion and acceptance of the Services by City. This Agreement may be terminated by City,in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made,but(1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of tennination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five(5) days of the date of the termination notice,deliver or otherwise make available to City, copies(in both hard copy and electronic form, where applicable)of project related data, design calculations, drawings, specifications, reports,estimates,summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Consultant shall maintain books,ledgers,invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law,from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein,and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 89 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences,clauses,paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 1:\c.Adjm\Agreements\JMRC Agreement 7 2015.docx IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS NAME Tina T. Kundig, Finance Director Je*fer Mennilliod, Mt.-A. j, Attest: Sam I Jn, Ci y Clerk 6 1:ka,djm\A1,reementsJMRC Agreement 7.2015.docx EXHIBIT "A" Preparation of a CERTIFIED LOCAL GOVERNMENT APPLICATION CITY OF REDLANDS, CALIFORNIA PROPOSAL FOR PROFESSIONAL SERVICES Submitted to: City of Redlands Development Services Department Planning Division 35 Cajon Street, Suite 20 P.O. Box 3005 Redlands, CA 92373 Submitted by: Research&Consulting Jennifer Mermilliod, M.A., Principal Architectural Historian JM Research and Consulting 5110 Magnolia Avenue Riverside, CA 92506 June 12, 2015 JMRC JM Research and Consulting Jennifer Mermilliod, M.A. 5110 Magnolia Avenue Riverside,CA 92506 Phone 951-233-6897 Email jennifer@jmrc.biz A. Cover Page Please see earlier attached. B. Executive Summary JM Research & Consulting (JMRC) provides a high level of professional integrity and historical consulting services in the support of development solutions through regulatory compliance strategies that is responsive to the protection of significant cultural resources as well as the individual needs of a variety of clients and projects while maintaining a balanced work environment, well managed project schedule and reliable work product. Organized in 2001 by Jennifer Mermilliod, M.A., Principal Historian/Architectural Historian, JMRC maintains an office in Riverside, California and works regionally with federal,state, and local agencies as well as private individuals and firms.An expert in the California Environmental Quality Act(CEQA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA, Section 106), JMRC provides a wide range of services, including cultural resources surveys; Native American consultation; preparation of nomination applications; design consultation; preservation planning; and presentation to boards, commissions, and councils. New projects are introduced to JMRC continually through the RFP process and by reputation, and JMRC occasionally teams with other consulting firms. C. Approach & Methodology The City of Redlands (City) has issued a Request for Proposals (RFP) and requests a fee proposal Scope of Work (SOW) from JM Research & Consulting (JMRC) for the preparation of a Certified Local Government (CLG) Certification Application. This request comes as part of an ongoing effort by the City to document and protect its rich historic and cultural heritage as evidenced in its wealth of historic buildings and districts, as well as lend credibility to its historic preservation program, gain technical assistance from California Office of Historic Preservation(OHP) staff, streamline local, state,and federal levels of review,and access funding sources to further historic preservation policy and activities. Scone of Work A citizen group formed in 2012 has begun preparation of components of the CLG application, and remaining tasks requested under the RFP include: • The preparation/completion of the Certified Local Government Application including: o A narrative summary describing historic contexts developed and past and current historic resource survey activities,including type of survey(reconnaissance or intensive)and percentage of coverage of local jurisdiction. Additionally, provide information regarding 5110 Magnolia Avenue,Riverside, CA 92506 • 951-233-6897 +jmhistorian@eartl-dink.net JMRC future survey plans and how they will conform to the state and federal standards for surveys. o A narrative of current historic preservation program activities performed by the local government.For example,local designation programs,educational/outreach programs, design review, etc. o A narrative expIaining any new or additional historic preservation program activities that will be carried out as a result of becoming a CLG. o A narrative which explains the current functions, responsibilities, and authority of the local review commission board. o A narrative describing economic incentive or other benefits offered by the local government to owners of historic properties. o A narrative describing how review of projects affecting historical resources in the local government jurisdiction is carried out under the California Environmental Quality Act (CEQA)and Section 106 of the National Historic Preservation Act. (Section 106) • The preparation and presentation of recommendations to the City of Redlands City Council for authorization to submit prepared application. • Submission of CLG application to the State of California. • Revision and resubmission, as necessary, of the CLG application in the event of corrections or modifications are required. In order to complete the SOW,the following tasks are defined: Task 1: Research. Research will be conducted at the City of Redlands in order to identify the status of past, present, and anticipated future activities related to historic preservation, including historic context development, survey work, local designation program, community outreach, design review process, local review commission, historic incentives, and the local CEQA and Section 106 process. It is anticipated that research activities will take the form of electronic and hard file searches, made accessible by the City, as well as meetings and interviews with key City staff. Task 2: CLG Application. A CLG Certification Application, including attachments, which will utilize and incorporate the efforts to date of the citizen group, will be prepared to document the activities under the SOW and include all necessary elements of the CLG application as outlined in the 2010 Certified Local Government Program Application and Procedures. In addition, JMRC may draft or assist in drafting, as preferred and requested, a sample resolution and submission letter for execution by City Council and the Mayor. Included in this task is the submission of the CLG application,minor revisions as needed, and one(1) comprehensive revision, if required after substantive review and provision of written comments by the OHP. As CLG Application and Procedures do not call for the completion of a historic context statement, but rather the documentation of developed historic themes and context work to date. It is therefore the recommendation of JMRC that further historic context development be separated from the CLG application process and become, instead the subject of the first CLG grant proposal. Task 3: Presentation.A presentation for City Council, which outlines the CLG application activities and recommendations in order to request authorization to submit the application will be prepared and delivered at one(1)City Council meeting, as agendized by the City. Task 4: Consultation. Ongoing communication and consultation with the City and OHP will be maintained to ensure the timely completion and submittal of the CLG application. Communication may take the form of telephone, electronic,written correspondence, or informal comment. 5110 Magnolia Avenue,Riverside, CA 92506 • 951-233-6897 •jmhistorian@earthlink.net JMRC JMRC is able to provide additional regarding the establishment of the City of Redlands CLG Program such as orientation for commissions, boards, and staff, the establishment of annual reporting procedures, and recommendation regarding other CLG Program components. However, these are not the subject of this current SOW but may be separately contracted concurrently or at the conclusion of the project. Schedule for Completion The above tasks will be scheduled upon the execution of the project contract,but not sooner than August 1, 2015. The CLG Application is anticipated to be completed within four (4) to six (6) months, and submitted to OHP following City Council authorization, as agendized by the City. Project deliverables may be delayed if not commenced by September 1, 2015, if proposed project-related research materials are not available to JMRC, or if unforeseen additional research and documentation is deemed necessary in the course of completing the SOW. Project Deliverables JMRC will provide one (1) electronic copy in .pdf format of the draft final CLG application for review and distribution to City Council by the City and one(1) electronic copy in .pdf format to OHP for review. Upon final approval by OHP,JMRC will provide one (1) electronic copy in.pdf format, one bound copy, and one unbound,camera ready copy of the CLG application. D. Firm Information/Organization Jennifer Mermilliod, M.A., will act as the Project Manager and Principal Historian/ArchitecturaI Historian and will be responsible for completing all tasks within the Scope of Work as well as administrative duties that may typically be overseen by an account manager. Please see attached resume and staffing section below for relevant projects. E. Staffing JMRC maintains no employees but acquires project-based staff on a sub-consultant, outside vendor basis periodically,as needed. Jennifer Mermilliod, M.A., Project Manager, Principal Historian/Architectural Historian. Ms. Mermilliod exceeds the Secretary of the Interior's Professional Qualifications Standards as a Historian and Architectural Historian based on her Master of Arts degree in history/historic preservation from the University of California, Riverside, and 15 years of professional work in southern California. She has extensive experience in the production and management of a variety of projects, including nominations at every level, Iarge-scale surveys, CLG grant projects, and NEPA and CEQA studies, and Section 106 reviews. Ms. Mermilliod is fluent in regulatory compliance and proficient at applying eligibility criteria, analyzing project impacts and developing successful recommendations for design and mitigation, and she is often engaged in consultation and large-scale policy and preservation planning. Ms. Mermilliod has authored or contributed to numerous cultural resources surveys in the vicinity with project size ranging from a single property to over 900 parcels and has developed historic themes and contexts for both simple and large-scale, complex areas, including Riverside's Northside, Village of Arlington, Palm Heights, and thematic auto industry in addition to many of smaller scale. Ms. Mennilliod participated in the administration of the 2001 Casa Blanca and Eastside Survey while still employed with the City of Riverside Planning Department, and has completed the cultural studies and participated in the development of planning documents for the California Baptist University Specific Plan (2012) and the Chicago/Linden Strategic Plan(2013; see attached resume). 5110 Magnolia Avenue,Riverside,CA 92506 • 951-233-6897 •jnihistorian@earthlink.net JMRC Janet Hansen, Historian/Architectural Historian, Ms. Hansen exceeds the Secretary of the Interior's Professional Qualifications Standards as a Historian and Architectural Historian based on her Master of Arts degree in history/historic preservation from the University of California, Riverside and will provide consultation throughout the completion of the Scope of Work. Currently employed as Deputy Manager with the office of Historic Resources, Department of City Planning for the City of Los Angeles, Ms. Hansen serves as the manager of the multi-year Los Angeles Historic Resources Survey (SurveyLA) project and assists in the management of the Office of Historic Resources. In 15 years of public service, and after many years of private consulting, Ms. Hansen has managed the CLG Program for the City of Riverside and the City of Los Angeles. She successfully established the CLG Program for the City of Los Angeles through the authorship and submission of CLG Certification application, maintains annual CLG grant reports, and boasts a 100% success rate in winning CLG grants for award-winning projects year after year(see attached resume). 5110 Magnolia Avenue,Riverside, CA 92506 • 951-233-6897 4 jrnllistorian@earthhnk.net EXHIBIT "B" SCHEDULE OF COMPLETION The above tasks will be scheduled upon the execution of the project contract, but not sooner than August 1, 2015. The CLG Application is anticipated to be completed within four (4) to six (6) months, and submitted to OHP following City Council authorization, as agendized by the City. Project deliverables may be delayed if not commenced by September 1, 2015, if proposed project-related research materials are not available to JMRC, or if unforeseen additional research and documentation is deemed necessary in the course of completing the SOW. EXHIBIT "C" JM Research and Consulting Jennifer Mermilliod, M.A. 5110 Magnolia Avenue Riverside,CA 92506 Phone 951-233-6897 Email jennifer@jmrc.biz Preparation of a CERTIFIED LOCAL GOVERNMENT APPLICATION CITY OF REDLANDS,CALIFORNIA PROPOSAL FOR PROFESSIONAL SERVICES FEE/COST PROPOSAL G. Fee/Cost Proposal This Fee/Cost proposal, which is organized according to the Tasks outlined under the Scope of Work (SOW) is separately enclosed as a part of the JMRC proposal for the Preparation of a Certified Local Government(CLG)Application for the City of Redlands. Tasks associated with the completion of the SOW include materials, supplies, photography, graphics, deliveries, word processing and travel expenses and are incorporated into the fee/cost proposal below. Tasks Fee* Task 1: Research $2,500 Task 2: CLG Application $4000 Task 3: Presentation $800 Task 4: Consultation $500 Total Professional Fee $7,800 * Hourly Rate per regular business hours(Monday-Friday,8am-5pm)is$100/hour.Additional Consultation may be conducted at the billing rate of$100/hour,only if pre-authorized by the City of Redlands,which will exceed the Total Professional Fee. Costs may vary between tasks,but will not be exceeded without your prior authorization. Invoices for professional fees will reflect in progress or completed tasks and submitted monthly, or according to the schedule set by the City of Redlands.Payment is contingent upon work completed and not approval of the recommendations made. EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code S 1861). i 1 affinn that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However,at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. 1 certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Name of Company Date: nJ Jennifer Mermilliod, M.A. 7 1:1ca',djm`AgreementsJMRC Agreement 7?0I5.docx CITY OF REDLANDS TEMPORARY BUSINESS TAX ® RECEIPT ' DATE 110 I5 AMOUNT$ I �- Name of BusinessJ-lMs eat tLitt lli Expiration Date Business Description c f'k� r- alLf� Comments: biyi us iso ' INITIALS W09 -orm Request for Taxpayer Give Bran to the: (Rev.Januar,2005) requester. too not Dvraem-ewl0t€ne`rreasor{ Identification Number and.. Certificationsend to the IRS.: inlarn i Revenue swvica Name as shpvvn on raur income tax ratd(n) o Aisiness nam,uF dillerent Frorn above t+3 _ M a /IndmduaV r Lxempt from backup 41 Check appropriate box; Sr leprpprletor Corporation _! Partnership ❑ Other ► ... ........�Ind ��vithFalding cAddress(number,street,and apt.or smite no,) Requester`s nadress(opti mal) City tete,and ZIP„coca k il � t � I a " List account number(s)here,(optianat) 7`a �ta � r Iderttifioatit�tt Ntarer � } Enter your TIN in the appropriate box.The TIN provided roust match tete name given on fine i to avoid Sadal security number backup withholding,For Individuals,this is your social recur=ty number(SSN).However,for a resident LLI k EE alien,solo rrrop4eldr,or disregarded entity,see the Inert I instructions on page a For other entities,it as �.__ t your employer identification numbe=r(Elba), If you do not have a'number,see How to got a TlJV on page 3. or Note.If the account rs in more titan,one naite,see the chart on page 4 for guidelines on whose number atlon number to enter, I " rtifictat�rf Under penalties of perjury.I certify that. 1The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me),and 2, 1 arcs not sub(ect to backup withholding because-, (a)1 am exempt from backup withholding,or(b)t have not been notified by the lrrternal Revenue Service(IRS)that t antisubject to backup withholding as a result of a"failure to report all interest or dividends,or(c)the AS has: notified me that I am no longer subject to backup withholding,and 3. i am a U.S, person(including p U.S,resident alien). Certification instructions,You roust cross out item 2 above if you have been notified by the IRS that you are currently.subject to backup< withholding because you have Failed to report all interest and dividends on your fax return.For real estate transactions,item 2 does not appy: For mortgage interest pant,acquisition or abandonment of secured property,cancellation of debt,co!tributlons to an individual retirement arrangement f1RFs),and generally,payments;other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.(See the instructions on page-l.) sign Signature o4 "" Herd u,s. rrn tet10 e - � Wu arca taforrrr A person who is required to file —info fa rrnation return uwith the Any instate(other than a foreign estate)or trust.See IRS, must obtain your correct taxpayer identificafion number regulations sections 501.7701-6(a)and 7(a)for additional (TIRE)to report;for example, income paid to you, real estate information: transactions, mortgage interest you paid, acquisition or Foreign person.If you are a foreign person, do not use abandonment Of secured property, cancellation of debt,or Form W-9, Instead, use the appropriate Forma W-8(see contributions you made to an IRA:. Publication 515,Withholding of Tax an Nonresident aliens U.S. Terson.Use Form W-9 only if you are a U.S.person and Foreign Entities). (including a resident alien),to provide your correct TIN to the Nonresident alien who becomes a resident alien: person( requesting it{the requester) and,when applicable,to: Generally, only a nonresident alien individual may use the 1. Certify that the TIN you are giving is correct(or you are terms of a tax treaty to reduce or eliminate U.S.tax on waiting for a number to;be issued), certain types of income. However, most tax treaties contain a . Certify that you are not subject to backup ithholdirt; provision known as a "saving clause." Exceptions specified n the saving clause may permit an exemption from tax to or continue for certain types of income even after the recipient 8. exempt t payee, from backup withholding if you area has otherwise become a U.S.resident allen for tax purposes. U.S. exemptpayee. Nate.ff a requester gives you a form other than Farre -9 to If you are a U,S, resident alien who is relying on an request your TiN,you must use the requester's form if it is exception contained in the saying clause of a tax treaty to substantially similar to this Form W-9. claim an exemption from U.S.tato on certain types of income, you must attach a statement to Foran W-9 that specifies the For federal tax purposes you are considered a person it you following five items: are: 1,The treaty country.Generally„this must be the same An individual who is a citizen or resident of the United treaty Antler which you claimed exemption from tax as a States, nonresident alien: A partnership, corporation,company, or association L The treaty article addressing the income. created or organized in the United States or under the laws- 8,The article number(or location) in the tax treaty that of the United States, or contains the saving clause and its exceptions, Cat,Nc.10231X Form W- (Rev,1 2005) Client#:360704 JMRESEAR ACORD. CERTIFICATE 4F LIABILITY INSURANCE D7109/U0D,YYW) 7!09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NCONTACT AME: Chad Hill HUB Int'IInsurance Serv. Inc. PA ,11, Ell:951-779-8549 A .No: 951-231-2572 License#0757776 E-MAIL ss: CaI.CPU@hubinternatlonal.cam Rive Latham St,Ste#1 Q1 INSURER S}AFFORDING COVERAGE 7F7NAIC# Riverside,CA 92507 INSURER A:Ohio Security Insurance Company 24082 INSURED INSURER B:Scottsdale Insurance Company 41297 JM Research&Consulting 5110 Magnolia Avenue INSURER C! Riverside,CA 92506 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW' HAVE BEEN ISSUED TO THE ENSURED 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. L� TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP !NSR AD I POLICY NUMBER Mr'AIDDIYYYY MMNDDIYYYY LIMITS A GENERAL LIABILITY BZS55871452 5/21/2015 051211201C EACH OCCURRENCE $1.000.000 X COMMERCIAL GENERALLIA$ILITY PREIMNS Ea or�".noe 000,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-C0161PIOP AGG $2,000,000 POLICY PRO LOC $ • AUTOMOBILE LIABILITY BZS55871452 5/21/2015 05/21/201 COMBINEDSINGLE LIMIT Ea acdden! ANY AUTO 13COILYINJURY(Perperson) $ ALL OWNED SCHEDULED (P BODILY INJURY(Per accident) $ AUTOS AUTOS ) X HIRED AUTOS }� NON-OWNED PROPERTYDAMAGE $ AUTOS Per acddenf $ UMBRELLA LIABOCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MAGE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y 1 N ,� ' FIR ANY PROPRIETORIPARTNERIEXECUTNE E.L.EACHACCIDENT $ OFFICEPJME161SER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional EKS3136512 0811312014 08113/201 Limit:$1,000,000 Liability Retention: $2,500 Retro Date: 08/13114 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(AltachACORD 101,Additional Remarks Schedule,N retro space Isroqulred) The City of Redlands is Additional Insured in regards to General Liability and Auto Liability per attached endorsement form BP7996 07113,Primary and Non Contributory warding included. CERTIFICATE HOLDER CANCELLATION City of Redlands SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 35 Cajon Street,Suite 20 ACCORDANCE WITH THE POLICY PROVISIONS. Redlands,CA 92373 AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3604475IM3604470 TP42 POLICY NUMBER: BZS1555871452 BUSINESSOWNERS BP 79 96 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM SUBJECT PAGE AGGREGATE LIMITS OF INSURANCE 3 AMENDMENT OF INSURED CONTRACT DEFINITION 4 BLANKET ADDITIONAL INSURED(OWNERS,CONTRACTORS OR LESSORS) 2 BODILY INJURY 4 BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU 2 DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 4 INCIDENTAL MEDICAL MALPRACTICE 2 MOBILE EQUIPMENT 2 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 3 PERSONAL AND ADVERTISING INJURY 4 SUPPLEMENTARY PAYMENTS 2 Bail Bonds Loss Of Earnings 0 2013 Liberty Mutual Insurance. Al rights reserved. BP 79 96 0713 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Pag, Section 11—Liability is amended as follows: 1. SUPPLEMENTARY PAYMENTS Paragraph f.(1)(b)of A Coverages is replaced by the following; (b) Up to$$3000 for cost of bail bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for"bodily injury"applies.We do not have to furnish the bonds. Paragraph 1.f.(1)(d)of A Coverages is replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work Il. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement, Section If—Liability is amended as follows: 1. The final paragraph of B.1.Exclusions—Applicable To Business Liability Coverage is deleted and replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permission of the owner, Exclusions c.,d.,e.,g., h., k.,I., m.,n.and o. do not apply to"property damage". 2. Paragraph D.2.Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declaration, 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance is deleted. III. INCIDENTAL MEDICAL MALPRACTICE Exclusion 1.j.(4)does not apply to Incidental Medical Malpractice Injury coverage. The fallowing is added to F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. "Incidental Medical Malpractice Injury"means bodily injury arising out of the rendering of or failure to render,during the policy period,the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not apply to: 1. expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Claim or Suit Condition is amended accordingly; 2. any insured engaged in the business or occupation of providing any of the services described under a.and b.above; 3. injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. and b.above. IV. MOBILE EQUIPMENT 1. Section C.Who is An Insured is amended to include any person driving"mobile equipment' with your permission. V. BLANKET ADDITIONAL INSURED(OWNERS, CONTRACTORS OR LESSORS) 1. Section C.Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. currently in effect or becoming effective during the term of this policy; and b. executed prior to the"bodily injury", "property damage", "personal and advertising injury". Q 2013 Liberty Mutual Insurance. All rights reserved. BP 79 96 0713 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Pag, 2. The insurance provided the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy,as stated in the Declarations, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) `Bodily injury", 'property damage", "personal and advertising injury';or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing, approving maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications;and (b) Supervisory, inspection,architectural or engineering activities. (3) Any"occurrence"that takes place after you cease to be a tenant in the premises described in the Declarations;or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. VI. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The following is added to C.Who Is An Insured: 3. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However, a. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; b. Coverages A.Paragraph 1.Business Liability, does not apply to: (1) 'Bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you; and (2) "Personal and advertising injury"arising out of an offense committed before the entity was acquired or incorporated or organized by you; and C. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. VII. AGGREGATE LIMITS The following is added to Aggregate Limits Paragraph 4.of D. Liability and Medical Expenses Limits of Insurance: The Aggregate Limits apply separately to each of"locations"owned by or rented to you or temporarily occupied by you with the permission of the owner. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location"means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. ©2013 Liberty Mutual Insurance. Al rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Pag, VIII. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 1. The requirement in E. Liability And Medical Expenses General Conditions paragraph 2.a.that you must see to it that we are notified of an"occurrence"or offense which may result in a claim applies only when the"occurrence" is known to any insured listed in Paragraph C.1.Who Is An Insured or any"employee" authorized by you to give or receive notice of an"occurrence"or claim. 2. The requirements in E.Liability And Medical Expenses General Conditions paragraph 2.15.that you must see to it that we receive notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit"is known to any insured listed under Paragraph C.1.Who Is An Insured or any"employee"authorized by you to give or receive notice of an"occurrence"or claim. IX. BODILY INJURY Paragraph 3.of F. Liability And Medical Expenses Definitions is replaced by the following: 3. "Bodily Injury"means: a. Bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. X. AMENDMENT OF INSURED CONTRACT DEFINITION Paragraph 9.of F.Liability And Medical Expenses Definitions is replaced by the following: 9. "Insured contract"means: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; C. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization, provided the"bodily injury"or"property damage"is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an"insured contract"to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies a railroad for"bodily injury"or"property damage"arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds,tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing,approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services, including those listed in(2)above and supervisory, inspection, architectural or engineering activities. X[. PERSONAL AND ADVERTISING INJURY Paragraph 94. b. of F. Liability And Medical Expenses Definitions is replaced by the following: b. Malicious prosecution or abuse of process. ©2093 Liberty Mutual Insurance. All rights reserved. BP 79 96 0713 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pag, ©Regional Companies Group