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HomeMy WebLinkAbout0012_4_Albert A. Webb Associates-Professional Service Agreement 1st AmendementCITY OF A LADE , LSII`IOI,E -1%u DREAM June 10, 2014 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 RE: Professional Services Agreement Dear Mr. Webb: Enclosed please find the fully executed copy of the Agreement for your files. Please do not hesitate to give this office a call should you have any questions. Sincerely, Virginia .Bloom City Cler Enclosures cc: Administrative Services Department 951.674.3124 130 S. MAIN 51 RELT LAKE CLSINORE. CA 92530 WWW LAKE ELSINOREORG ALBERTA. WEBB ASSOCIATES 3788 McCRAY STREET, RIVERSIDE, CALIFORNIA 92506 TELEPHONE (951) 686-1070 FAX www.webbassociates.com Email: shane.spicer@webbassociates.com TO: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 TRANSMITTED: VIA: U.S. Mail 951.674.3124 Enclosed are two (2) signed original agreements and Certificate Of Liability Insurance THESE ARE TRANSMITTED AS CHECKED BELOW FOR APPROVAL v l FOR YOUR USE ( AS REQUESTED FOR REVIEW AND COMMENT OTHER: NOTES / COMMENTS: �h 4 �rVt aneice Director Municipal Finance STS/ IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE. NOTICE: Due to the fact that email, discs or other electronic media can deteriorate or can be tampered with or damaged, use of this media or any attachments by anyone without approval of A.A. Webb Associates and verification of its content shall be at the user's sole risk and A.A. Webb Associates shall have no liability therefor. The user agrees to release and hold A.A. Webb Associates harmless from all liability arising tram such unauthorized use or from any changes made to the media by the user. Transmittal or delivery of this electronic media shall not constitute a waiver or assignment of any copyright or intellectual property rights of A.A. Webb Associates. This electronic message or disc and any attachments may contain PRIVILEGED, CONFIDENTIAL or otherwise LEGALLY PROTECTEDINFORMATION intended solely for the use of the intended recipient. If the reader of this message is not believed to be the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, copying or other use of this message, disc or any attachments is strictly prohibited, If you have received this material in error, please notify the sender immediately by telephone at 951686-1070 or by email, and permanently delete this material and all copies or backups thereof. Thank you. FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF LAKE ELSINORE AND ALBERT A. WEBB ASSOCIATES FOR SPECIAL TAX ADMINISTRATION SERVICES THIS FIRST AMENDMENT is made and entered into as of May 27, 2014 by and between the City of Lake Elsinore ("City) a municipal corporation, and Albert A. Webb Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On May 1, 2014 the City and Consultant entered into that certain agreement entitled "Agreement for Professional Services", in the amount of $15,000.00. b. The parties now desire to broaden the scope of services and increase the payment for such services in the amount of $238,000.00 and amend the Agreement as set forth in this First Amendment. 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $238,000.00 (Two Hundred Thirty -Eight Thousand Dollars and no cents) for the First Amendment and thereby bringing the total agreement amount of $253,000.00 (Two Hundred Fifty -Three Thousand Dollars and no cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. 3. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "B" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE ,r ` Grand' tes, City Manager Date: 6//0 ///(/ Att st: Virginia (oo�m, 6 Clerk Date: `� ► t 1�.� Approved as to Form: x4t&x 6D "k/)/ tiara Leibo d, City Attorney Date: 6�- 9 '/`% CONSULTANT Sha picer, rector Municipal Finance Alb A W b Associates Date: fo S 2J0) ATTACHMENT A EXHIBIT A Scope of Services Community Facilities District (CFD) - Annual Administration Kickoff Meeting -Communications The purpose of this task is to coordinate with the City to gain understanding of the specific goals, components and criteria to meet the City's needs. To that end, WEBB will meet with the City staff to confirm the schedule of events for the City's CFDs including; debt service requirements, administration expenses, reserve funds, identifying eligible annexations (if necessary), and discuss and identify the boundaries. WEBB will collect and review data germane to the Special Districts. • Annual Levy Timeline WEBB will coordinate with City staff to develop timelines, including key dates and timeframes for pertinent tasks throughout the year for the annual administration services. Apportion Special Assessments and Database Maintenance WEBB will utilize its WebbSTAeM Software to maintain a comprehensive database of City of Lake Elsinore parcel information for the Special Districts in a form such that the annual levy submission to Riverside County follows the guidelines as outlined in the County's fixed charge submission packet. WebbSTART" will maintain all data related to individual parcels including special tax information, classifications, acreage, land use codes, zones, dwelling units, EDU values, property owner information, including situs address and tract number. WebbSTARTM also provides a regularly updated delinquency history (delinquent amounts for each parcel including penalties and interest, reference to those referred to foreclosure action, and paid prior year delinquency information), current property ownership information, assessed valuation information and much more. • Building Permits and Final Maps WEBB will obtain and review all building permits provided by the City, final maps and site development plans for all Districts. ■ Maintain Assessor Parcels and Geographic Information Systems Maps We obtain the latest assessor's parcel maps and equalized tax roll information from the Riverside County Assessor's Office for the parcels within the Special Districts, and Geographic Information System (GIS) shape files for our in-house GIS platform. WEBB will load this information to aid in identifying parcel changes allowing for timely calculation for the initial levy submittal, and not relying on rejected submittals from the County to identify these changes. • Data Collection WEBB will utilize their vast understanding of all key documents and research data required for the successful comprehensive annual administration of the City's Special District and will ensure that all information required from the District will be requested with ample time that all deadlines are maintained. • Data Analysis and Billing Category Updates WEBB will analyze all data and documentation provided to ensure all necessary information has been requested and collected. Changes in building category from undeveloped to developed will be input. WebbSTART`" abilities to use fields to track the fee calculation and keep it separated where there is more than one billing area. Parcel Information Updates - WEBB will provide the City of Lake Elsinore with annual updates of any assessor's parcel changes recognized within each Special District. Reserve Requirement and Budget Review WEBB will review the Special District reserve requirements for each of the City's Special District bond issues. WEBB will coordinate with City staff to ensure adequate levels are maintained through accurate cost -recovery accounting. WEBB will assist City staff in preparation and review of the annual Special District budgets. For the CFD budget review includes; a) review debt service schedules, b) reviewing the administrative expenses for the CFD for the current Fiscal Year, and c) review all fund balances in correlation with the debt service requirement and administration costs to determine any surplus fund credits. WEBB will also determine whether all other fund balances are properly identified and maintained. Administrative Expenses WEBB will determine, with the City's approval, the amount needed to meet the anticipated administrative expenses for each Special District for the current Fiscal Year and prepare a summary of administrative costs. Debt Service Coordination WEBB will coordinate with the City's Fiscal Agent to review debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds. We independently maintain a debt service schedule within WebbSTART`" for each bonded District as quality assurance the appropriate debt service amounts are identified. Create Tax Roll Application WEBB will prepare the annual application for the tax rolls in an acceptable format acceptable to the Auditor/Controller-Recorder, including the preparation of the Proposition 218 Compliance letters for each Special District. Submit Annual Levy WEBB will, in consultation with City staff, determine the Levy requirement for the current Fiscal Year prior to the last working day of July. WEBB will calculate and prepare the annual levy for the each Special District separately in a format and media acceptable for direct submission to the Auditor -Controller's Office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Annual Levy Corrections If any corrections/revisions to the secured tax roll are determined to be necessary after the deadline, WEBB will research, recalculate and, with the City's approval, rectify the issue. WEBB will notify the City of any assessor's parcel numbers that were rejected by the County and therefore will not be assessed. Direct Bills WEBB will prepare and mail Direct Bill (invoices) to all property owners whose proposed annual assessment for their parcel could not be applied to the County tax roll (parcels for which the County does not generate a tax bill). These handbills would be provided in two (2) installments, similar to the County tax bills, and would be payable either to our PO Box or directly to the City. Annual Levy Report -Summary Information Once finalized, WEBB will provide the City with a hard copy and an electronic copy of the Annual Levy Report containing the information used to calculate the annual installment amount for each parcel as well as a summary of the total annual levy for each Special District. Gathering Information WEBB will collect and review data germane to the City of Lake Elsinore's Special Districts listed below: District Name District Name CFD 88-3 West Lake Elsinore CFD 2006-1 IA C Summerly Imp. C CFD 90-2 Tuscany Hills CFD 2006-1 IA D Summerly Imp. D CFD 95-1 Civic Center CFD 2006-1 IA E Summerly Imp. E CFD 98-1 Summerhill CFD 2006-1 IA F Summerly Imp. F CFD 2003-1 Law, Fire, Paramedic CFD 2006-1 (Services) Summerly Services CFD 2003-2 IA A Canyon Hills Imp. A CFD 2006-2 Viscaya CFD 2003-2 IA B Canyon Hills Imp. B CFD 2006-2 (Services) Viscaya Services CFD 2003-2 IA C Canyon Hills Imp. C CFD 2006-3 La Strada CFD 2003-2 IA D Canyon Hills Imp. D CFD 2006-3 (Services) La Strada Services CFD 2003-2 (Services) Fire Tax CFD 2006-4 Clurman CFD 2004-3 IA 1 Rosetta Canyon Imp. 1 CFD 2006-4 (Services) Tr. 30698 / 32129 Services CFD 2004-3 IA 2 Rosetta Canyon Imp. 2 CFD 2006-5 (Services) Parks, Open Space, SD CFD 2005-1 Serenity CFD 2006-6 Tessera CFD 2005-2 IA A Alberhill Ranch Imp. A CFD 2006-6 (Services) Tessera Services CFD 2005-2 IA B Alberhill Ranch Imp. B CFD 2006-8 Running Deer Estates CFD 2005-2 IA C Alberhill Ranch Imp. C CFD 2006-8 (Services) Running Deer Estates Services CFD 2005-2 (Services) Alberhill Ranch Services CFD 2006-9 Trieste CFD 2005-4 Lakeview Villas CFD 2006-9 (Services) Trieste Services CFD 2005-4 (Services) Lakeview Villas Services CFD 2007-1 Law, Fire, Paramedic CFD 2005-5 Wasson Canyon CFD 2007-4 Makenna Court CFD 2005-5 (Services) - Wasson Canyon Services CFD 2007-4 (Services) Makenna Court Services CFD 2005-6 City Center Townhomes CFD 2007-5 Red Kite CFD 2006-1 IA A Summerly Imp. A CFD 2007-5 (Services) Red Kite Services CFD 2006-1 IA B Summerly Imp. B CFD 2007-6 Holiday Inn Express CFD 2009-1 Parks, OS, St. Lt. Delinquency Monitoring WEBB will provide comprehensive delinquency management services to the City regarding the Special Districts and advise on any policies established, provide accurate delinquency tracking and reporting, prepare the appropriate notifications for property owners, coordinate with the City and foreclosure counsel, assist in coordinating the collection process, and monitor any payment plans. Delinquency Policy WEBB will review and make recommendations to the City that any policies established related to the collection of delinquent assessments are consistent with the foreclosure covenant and/or with the requirements of the Special District and the bond issue. Delinquency Database, Tracking, and Reporting WEBB will research the records of the Riverside County Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates. Our delinquency reports will include, for each Special District, parcel lists showing the APN, property owner and delinquent amount for each parcel. Reports will be prepared to reflect the delinquency status of parcels after each installment due date. WEBB will maintain a database, WebbSTARTM that includes a regularly updated delinquency history of the parcels located in each Special District, as derived from the Riverside County property tax system. Delinquency history shall include delinquent amounts for each parcel including penalties and interest due, reference to those parcels that have been referred to Foreclosure Counsel, and prior year delinquencies that have been paid. Delinquency Notification Notifications to Delinquent Property Owners. WEBB will prepare and mail letters (on City letterhead), via first-class mail to property owners at the times and in the format determined by your delinquency policy. Notice of Default letters will be sent to mortgage lenders or first trust deed holders if directed by the City. WEBB will respond to public request regarding delinquent notices and shall prepare, as necessary, statements to the requesting party all amounts delinquent including penalties, interest, and roll removal fees. Any fees associated with these notifications are passed onto the delinquent property owner, through payment of past due amounts or applied to the following year's tax bill. Delinquency Correspondence WEBB will prepare correspondence to the County for removal of delinquent assessments from the tax rolls in the event these amounts are paid directly to the Special District in accordance to the County's removal procedure. Foreclosure Coordination WEBB will assist in preparing documents submitted by the City requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution commencing foreclosure, and coordination of the removal of the assessments approved for foreclosure from the tax roll. WEBB will provide delinquent amounts (including penalty and interest at the time the foreclosure is transferred) to Special Counsel. WEBB will provide technical support or act as an expert witness, on behalf of the City and Special Counsel as required in the preparation and litigation of foreclosure cases. Collection Coordination WEBB will coordinate direct collections of individual delinquencies and deposits with the Fiscal Agent and can provide a PO Box or direct payment directly to the City. Upon receipt of payment WEBB will provide the Fiscal Agent with the necessary documentation to ensure funds are deposited in the appropriate accounts. Payment Plan Monitoring - WEBB will utilize WebbSTARTm to monitor payment plans that are established by the individual property owner delinquent and the City, foreclosure attorney or County. This information will be made available on the periodic delinquency reports provided to the City by WEBB. Initial and Primary Contact WEBB will serve as the initial and primary contact to City property owners, title companies and other interested parties regarding the District proceedings and annual installments. A toll free telephone number, of WEBB designation, will appear on the regular property tax billing, next to the specific line item, to facilitate contact with the public. The City may also refer property owners, title companies and other interested parties to in regards to the Special District proceedings and annual installments. Responses to Property Owner Questions: WEBB will serve as the initial and primary contact to the City of Lake Elsinore property owners, title companies and other interested parties regarding the District proceedings and annual installments. A toll free telephone number, of WEBB designation, will appear on the regular property tax billing, next to the specific line item, to facilitate contact with the public. Toll Free Number: WEBB will provide a toll free phone number for the City to refer property owners, title companies and other interested parties to in regards to the District proceedings and annual installments. Council Meetings Webb is also available to attend informal meetings or hearings held for the purpose of disseminating information to the public. Webb will be fully prepared to present all necessary testimony and to respond to all public comments. Calculate Prepayment Quotes At the request of any landowner, WEBB will calculate the bond payoff amount for a parcel(s) and provide any additional information as requested related thereto. This service is paid by the requesting party. Release of Liens Services related to requests for bond payoff information from parties other than the City or the property owner (i.e. title companies) shall be at the expense of the requesting party. WEBB will prepare and record a Release of Lien if prepayments are received or upon Special District maturity. Bond Call Spreads WEBB will analyze bond funds to determine the availability of funds that may be used to redeem bonds prior to their stated. maturities. If the City elects to call bonds, WEBB will perform an analysis to determine the par amount of the bonds to be called, to calculate any applicable premium, and to determine which maturities to call from and prepare a revised debt service schedule. Bond Call Coordination Webb Associates will coordinate the bond call with the Fiscal Agent to ensure that bonds are called according to the redemption provisions of the bond issue. Notice of Special Tax WEBB will provide a Notice of Special Tax as required by California Government Code to seller of taxable properties. Municipal Disclosure Enhanced Disclosure WEBB will prepare, for the City's approval, any State and/or Federal Disclosure reporting requirements pertaining to each Special District including reporting to the California Debt and Investment Advisory Commission (CDIAC), if applicable. Continuing Disclosure WEBB will prepare annual reports that meet the guidelines of the continuing disclosure requirements for each Special District as stated by the continuing disclosure certificate under SEC Rule 10b-5 and 15c2-12. Disclosure Report Filing WEBB will file the reports with the Municipal Securities Rulemaking Board (MSRB) using Electronic Municipal Market Access (EMMA) and post the continuing disclosure reports on our company website, www.webbassociates.com. WEBB will also prepare and submit the annual report to the CDIAC for each Special District, where applicable. Electronic Format WEBB will provide an electronic copy of each report, as well as a hard copy of each report, to the City for internal use and for posting on the City's website. Annexation services Kick-off Meeting The purpose of this task is to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City's needs. WEBB will meet with City Staff, legal counsel, team of consultants and project proponents to confirm the CFDs special tax measure schedule of events, procedural and financial considerations, conduct a needs assessment, and determine eligibility of any limitation on the funding of improvements (i.e. public utilities) or maintenance services. Discuss and identify the boundaries, outline the scope of responsibilities and develop a program for public notification and involvement. Data Collection and Review WEBB will collect and review data germane to the City's CFDs. WEBB will conduct a review of the RMA, the proposed budgets for previous fiscal years, and the CFD Boundary Maps for the Districts. We will obtain the latest assessor's parcel maps and equalized tax roll information from the Riverside County Assessor's Office for the parcels within the proposed Districts, and Geographic Information System (GIS) shape files for our in-house GIS platform. Time Line The purpose of this task is to establish a schedule and coordinate with City staff. WEBB will prepare a time line, based on the City's scheduling requirements, outlining key dates, events and responsibilities adhering to statute requirements. We will review the timeline with City staff and make adjustments as needed. Annexation Boundary Map WEBB's team of engineers and GIS Specialists will prepare the Annexation Boundary Map, illustrating the boundaries of territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district. The map shall meet the requirements of the Mello -Roos Act and the Riverside County Recorder's Office. Additionally, WEBB will record the map with the Recorder's Office. • Statement of Engineer WEBB will review and sign a Statement of Engineer, stating that a registered engineer supervised the preparation of the map of the boundaries, and verifying the acreage and owner information included in the annexation. Budget Preparation This task will allow WEBB to work collaboratively with City staff to create budgets necessary in determining the proposed annexation. By using the cost -modeling information gathered from the previous tasks WEBB will prepare preliminary cost estimates for maintenance of all improvements, landscaping, lighting, capital improvements, incidental costs, operating reserves, capital improvement reserves and delinquency reserves. Data Analysis The purpose of this task is to assemble and analyze the data collected in the previous tasks for determining the method of apportionment and provide an analysis of proposed assessments to the City. WEBB will identify the properties and areas to be included based on the proposed improvements and maintenance services. Webb will confirm any assumptions made with the City and address any issues pertaining to costs, improvements and statute requirements. Meetings The purpose of this task is to discuss the need for the increases with property owners. In addition to the kick-off meeting, WEBB will attend all informal meetings or hearings held for the purpose of disseminating information to the public. Prior to such meetings or hearings, information will be prepared and assembled for purposes of making a complete and factual presentation. We will also attend all hearings and public meetings as required by the appropriate improvement act(s) fully prepared to present all necessary testimony and to respond to all public comments. Landowner Election WEBB will prepare a list of the owner names and acreages and obtain a certificate from the Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the annexation. Notice of Special Tax Lien WEBB will provide a list of Assessor's Parcel for the Notice of Special Tax Lien and record the notices. Primary Contact Toll Free Phone Number The purpose of this task is to serve as primary contact with the public regarding the assessments. WEBB will provide a toll free number for the City and all property owners to provide information with regards to the proposed ballot measures. Assessment District (AD) and Landscape and Street Lighting Districts (LLMDs) - Annual Administration Kickoff Meeting -Communications The purpose of this task is to coordinate with the City to gain understanding of the specific goals, components and criteria to meet the City's needs. To that end, WEBB will meet with the City staff to confirm the schedule of events for the City's AD and LLMDs including; debt service requirements, administration expenses, reserve funds, identifying eligible annexations (if necessary), and discuss and identify the boundaries. WEBB will collect and review data germane to the Special Districts. • Annual Levy Timeline WEBB will coordinate with City staff to develop timelines, including key dates and timeframes for pertinent tasks throughout the year for the annual administration services. Apportion Special Assessments and Database Maintenance WEBB will utilize its WebbSTARTm Software to maintain a comprehensive database of City of Lake Elsinore parcel information for the Special Districts in a form such that the annual levy submission to Riverside County follows the guidelines as outlined in the County's fixed charge submission packet. WebbSTARTm will maintain all data related to individual parcels including special assessment information, principal assessments, acreage, land use codes, zones, dwelling units, EDU values, property owner information, including situs address and tract number. WebbSTART' also provides a regularly updated delinquency history (delinquent amounts for each parcel including penalties and interest, reference to those referred to foreclosure action, and paid prior year delinquency information), current property ownership information, assessed valuation information and much more. • Building Permits and Final Maps WEBB will obtain and review all building permits provided by the City, final maps and site development plans for all Districts. • Maintain Assessor Parcels and Geographic Information Systems Maps We obtain the latest assessor's parcel maps and equalized tax roll information from the Riverside County Assessor's Office for the parcels within the Special Districts, and Geographic Information System (GIS) shape files for our in-house GIS platform. WEBB will load this information to aid in identifying parcel changes allowing for timely calculation for the initial levy submittal, and not relying on rejected submittals from the County to identify these changes. • Data Collection WEBB will utilize their vast understanding of all key documents and research data required for the successful comprehensive annual administration of the City's Special District and will ensure that all information required from the District will be requested with ample time that all deadlines are maintained. • Data Analysis and Billing Category Updates WEBB will analyze all data and documentation provided to ensure all necessary information has been requested and collected. Changes in building category from undeveloped to developed will be input. WebbSTARTm abilities to use fields to track the fee calculation and keep it separated where there is more than one billing area. Parcel Information Updates WEBB will provide the City of Lake Elsinore with annual updates of any assessor's parcel changes recognized within each Special District. Reserve Requirement and Budget Review WEBB will review the Special District reserve requirements for each of the City's Special District bond issues. WEBB will coordinate with City staff to ensure adequate levels are maintained through accurate cost -recovery accounting. WEBB will assist City staff in preparation and review of the annual Special District budgets. For the AD budget review includes; a) review debt service schedules, b) reviewing the administrative expenses for the AD for the current Fiscal Year, and c) review all fund balances in correlation with the debt service requirement and administration costs to determine any surplus fund credits. WEBB will also determine whether all other fund balances are properly identified and maintained. Administrative Expenses WEBB will determine, with the City's approval, the amount needed to meet the anticipated administrative expenses for each Special District for the current Fiscal Year and prepare a summary of administrative costs. Debt Service Coordination WEBB will coordinate with the City's Fiscal Agent to review debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds. We independently maintain a debt service schedule within WebbSTARr" for each bonded District as quality assurance the appropriate debt service amounts are identified. Create Tax Roll Application WEBB will prepare the annual application for the tax rolls in an acceptable format acceptable to the Auditor/Controller-Recorder, including the preparation of the Proposition 218 Compliance letters for each Special District. Submit Annual Levy WEBB will, in consultation with City staff, determine the Levy requirement for the current Fiscal Year prior to the last working day of July. WEBB will calculate and prepare the annual levy for the each Special District separately in a format and media acceptable for direct submission to the Auditor -Controller's Office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Annual Levy Corrections If any corrections/revisions to the secured tax roll are determined to be necessary after the deadline, WEBB will research, recalculate and, with the City's approval, rectify the issue. WEBB will notify the City of any assessor's parcel numbers that were rejected by the County and therefore will not be assessed. Direct Bills WEBB will prepare and mail Direct Bill (invoices) to all property owners whose proposed annual assessment for their parcel could not be applied to the County tax roll (parcels for which the County does not generate a tax bill). These handbills would be provided in two (2) installments, similar to the County tax bills, and would be payable either to our PO Box or directly to the City. Preliminary Engineer's Report: Webb Associates will prepare the Annual Engineer's Report pursuant to Government Code Section 61115 and the provisions of California Article XIIID (Proposition 218). This report will include the following required items: • A general description of the District, which may include key historical facts, zone designations and discussion of the District benefits; A description of the plans and improvement specifications; District budgets and levy summary; District Services and charges; Changes to the District including notable and proposed modifications; • A description of the Method of Apportionment; • A diagram of the District (provided by the City); An assessment of the estimated cost to each parcel; and An affidavit stating that a professional engineer has prepared the report. Report Reproduction: WEBB will provide the City with two (2) bound copies of the full Engineer's Report including the assessment roll; one (1) copy for the City Clerk, and one (1) copy for City staff, and one (1) unbound copy of the Engineer's Report for staff to reproduce, as needed. Notice of Public Hearing: WEBB will review the Notices of Public Hearing prepared by Legal Counsel. Webb will mail the Notice of Public Hearing to all eligible property owners within the proposed District from data gathered in previous tasks. WEBB will determine the property owners in accordance to statutory noticing requirements and in accordance with Proposition 218. We will generate a mailing list by using the latest assessor's parcel maps and equalized tax roll information from the Riverside County Assessor's Office as well as our in- house GIS platform. For this task we will complete the following: • Notice review • Property owner address labeling • Mailing of Notices • Answer all Notices related questions between the time of mailing and the Public Hearing (45 day period) 1915 Act Assessment District Apportionments (Reimbursable by the property owner) WEBB will, in a timely manner and pursuant to the applicable statutory provisions, prepare assessment apportionments, which shall include: • preparation of amended assessment diagrams; • apportioning the assessment to divided parcels; • preparation and delivery of the required notice to the original bond purchaser(s); • recordation of required notice and amended assessment diagrams, • preparation (if necessary) of required disclosure document, as required by the Department of Real Estate (RE624 Forms). Services related to apportionments shall be at the expense of the affected property. Annual Levy Report -Summary Information Once finalized, WEBB will provide the City with a hard copy and an electronic copy of the Annual Levy Report containing the information used to calculate the annual installment amount for each parcel as well as a summary of the total annual levy for each Special District. Delinquency Monitoring WEBB will provide comprehensive delinquency management services to the City regarding the Special Districts and advise on any policies established, provide accurate delinquency tracking and reporting, prepare the appropriate notifications for property owners, coordinate with the City and foreclosure counsel, assist in coordinating the collection process, and monitor any payment plans. Delinquency Policy WEBB will review and make recommendations to the City that any policies established related to the collection of delinquent assessments are consistent with the foreclosure covenant and/or with the requirements of the Special District and the bond issue. Delinquency Database, Tracking, and Reporting WEBB will research the records of the Riverside County Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates. Our delinquency reports will include, for each Special District, parcel lists showing the APN, property owner and delinquent amount for each parcel. Reports will be prepared to reflect the delinquency status of parcels after each installment due date. WEBB will maintain a database, WebbSTARTM that includes a regularly updated delinquency history of the parcels located in each Special District, as derived from the Riverside County property tax system. Delinquency history shall include delinquent amounts for each parcel including penalties and interest due, reference to those parcels that have been referred to Foreclosure Counsel, and prior year delinquencies that have been paid. Initial and Primary Contact WEBB will serve as the initial and primary contact to City property owners, title companies and other interested parties regarding the District proceedings and annual installments. A toll free telephone number, of WEBB designation, will appear on the regular property tax billing, next to the specific line item, to facilitate contact with the public. The City may also refer property owners, title companies and other interested parties to in regards to the Special District proceedings and annual installments. Responses to Property Owner Questions: WEBB will serve as the initial and primary contact to the City of Lake Elsinore property owners, title companies and other interested parties regarding the District proceedings and annual installments. A toll free telephone number, of WEBB designation, will appear on the regular property tax billing, next to the specific line item, to facilitate contact with the public. Toll Free Number: WEBB will provide a toll free phone number for the City to refer property owners, title companies and other interested parties to in regards to the District proceedings and annual installments. Council Meetings Webb is also available to attend informal meetings or hearings held for the purpose of disseminating information to the public. Webb will be fully prepared to present all necessary testimony and to respond to all public comments. Gathering Information WEBB will collect and review data germane to the City of Lake Elsinore's Special Districts listed below: • Assessment District No. 93-111 (Canyon Hills) • Landscaping and Lighting Maintenance Districts o Citywide LLMD o LLMD No. 1 Calculate Prepayment Quotes At the request of any landowner, WEBB will calculate the bond payoff amount for a parcel(s) and provide any additional information as requested related thereto. This service is paid by the requesting party. Release of Liens Services related to requests for bond payoff information from parties other than the City or the property owner (i.e. title companies) shall be at the expense of the requesting party. WEBB will prepare and record a Release of Lien if prepayments are received or upon Special District maturity. Bond Call Spreads WEBB will analyze bond funds to determine the availability of funds that maybe used to redeem bonds prior to their stated maturities. If the City elects to call bonds, WEBB will perform an analysis to determine the par amount of the bonds to be called, to calculate any applicable premium, and to determine which maturities to call from and prepare a revised debt service schedule. Bond Call Coordination Webb Associates will coordinate the bond call with the Fiscal Agent to ensure that bonds are called according to the redemption provisions of the bond issue. Delinquency Notification Notifications to Delinquent Property Owners. WEBB will prepare and mail letters (on City letterhead), via first-class mail to property owners at the times and in the format determined by your delinquency policy. Notice of Default letters will be sent to mortgage lenders or first trust deed holders if directed by the City. WEBB will respond to public request regarding delinquent notices and shall prepare, as necessary, statements to the requesting party all amounts delinquent including penalties, interest, and roll removal fees. Any fees associated with these notifications are passed onto the delinquent property owner, through payment of past due amounts or applied to the following year's tax bill. Delinquency Correspondence WEBB will prepare correspondence to the County for removal of delinquent assessments from the tax rolls in the event these amounts are paid directly to the Special District in accordance to the County's removal procedure. Foreclosure Coordination WEBB will assist in preparing documents submitted by the City requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution commencing foreclosure, and coordination of the removal of the assessments approved for foreclosure from the tax roll. WEBB will provide delinquent amounts (including penalty and interest at the time the foreclosure is transferred) to Special Counsel. WEBB will provide technical support or act as an expert witness, on behalf of the City and Special Counsel as required in the preparation and litigation of foreclosure cases. Collection Coordination WEBB will coordinate direct collections of individual delinquencies and deposits with the Fiscal Agent and can provide a PO Box or direct payment directly to the City. Upon receipt of payment WEBB will provide the Fiscal Agent with the necessary documentation to ensure funds are deposited in the appropriate accounts. Payment Plan Monitoring WEBB will utilize WebbSTARTM to monitor payment plans that are established by the individual property owner delinquent and the City, foreclosure attorney or County. This information will be made available On the periodic delinquency reports provided to the City by WEBB. Notice of Assessment WEBB will provide a Notice of Assessment as required by California Government Code to seller of taxable properties. Municipal Disclosure Enhanced Disclosure WEBB will prepare, for the City's approval, any State and/or Federal Disclosure reporting requirements pertaining to each Special District including reporting to the California Debt and Investment Advisory Commission (CDIAC), if applicable. Continuing Disclosure WEBB will prepare annual reports that meet the guidelines of the continuing disclosure requirements for each Special District as stated by the continuing disclosure certificate under SEC Rule 10b-5 and 15c2-12. Disclosure Report Filing WEBB will file the reports with the Municipal Securities Rulemaking Board (MSRB) using Electronic Municipal Market Access (EMMA) and post the continuing disclosure reports on our company website, www.webbassociates.com. WEBB will also prepare and submit the annual report to the CDIAC for each Special District, where applicable. Electronic Format WEBB will provide an electronic copy of each report, as well as a hard copy of each report, to the City for internal use and for posting on the City's website. Annexation services Kick-off Meeting The purpose of this task is to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City's needs. WEBB will meet with City Staff, legal counsel, team of consultants and project proponents to confirm the LMDs Proposition 218 balloting measure schedule of events, procedural and financial considerations, conduct a needs assessment, and determine eligibility of any limitation on the funding of improvements (i.e. public utilities) or maintenance services specific to general vs. special benefit. Discuss and identify the boundaries of the proposed maintenance district, outline the scope of responsibilities and develop a program for public notification and involvement. Data Collection and Review WEBB will collect and review data germane to the City's LMDS. WEBB will conduct a review of the original and most current Engineer's Reports, the proposed budgets for previous fiscal years, and the Assessment Diagrams for the Districts. We will obtain the latest assessor's parcel maps and equalized tax roll information from the Riverside County Assessor's Office for the parcels within the proposed Districts, and Geographic Information System (GIS) shape files for our in- house GIS platform. Time Line The purpose of this task is to establish a schedule and coordinate with City staff. WEBB will prepare a time line, based on the City's scheduling requirements, outlining key dates, events and responsibilities adhering to statute requirements. We will review the timeline with City staff and make adjustments as needed. Budget Preparation This task will allow WEBB to work collaboratively with City staff to create budgets necessary in determining the proposed assessment for the annexation. By using the cost -modeling information gathered from the previous tasks WEBB will prepare preliminary cost estimates for maintenance of all improvements, landscaping, lighting, capital improvements, incidental costs, operating reserves, capital improvement reserves and delinquency reserves. The costs will be spread according to the benefit derived by the benefiting properties based on the current method of assessment unless it is determined the method of assessment is inconsistent with the requirements of Proposition 218. Data Analysis The purpose of this task is to assemble and analyze the data collected in the previous tasks for determining the method of apportionment and provide an analysis of proposed assessments to the City. WEBB will identify the properties and determine the general and special benefits derived from the proposed improvements and maintenance services. Webb will confirm any assumptions made with the City and address any issues pertaining to costs, improvements and statute requirements. Preliminary Engineers Report WEBB will prepare the Preliminary Engineer's Report for the Districts in accordance with the Landscaping and Lighting Act of 1972 of the California Streets and Highway Code. The Preliminary Engineer's Report will include the following items: • A general description of the improvements and acquisition(s) (if applicable) • An estimate of costs and expenses • An Assessment Diagram • The assessment roll • The resolution of intention Notice of Public Hearing and Balloting WEBB will review the Notices of Public Hearing prepared by legal counsel and prepare the assessment ballots upon approval by legal counsel. WEBB will mail the Notice of Public Hearing and Ballots to all eligible property owners within the Districts from data gathered in previous tasks. WEBB will determine the property owners in accordance to statutory noticing requirements and in accordance with Proposition 218. We will generate a mailing list and ballot tabulation database by using the latest assessor's parcel maps and equalized tax roll information from the Riverside County Assessor's Office as well as our in-house GIS platform. For this task we will complete the following: • Notice review • Ballot preparation • Property owner address labeling • Mailing of ballots • Answer all ballot related questions between the time of mailing the ballots and the Public Hearing (45 day period) • Receive any returned ballots • Research all returned ballots • Re -mail all corrected ballots one time • Create a database to assist in the ballot tabulation Meetings The purpose of this task is to discuss the need for the increases with property owners. In addition to the kick-off meeting, WEBB will attend all informal meetings or hearings held for the purpose of disseminating information to the public. Prior to such meetings or hearings, information will be prepared and assembled for purposes of making a complete and factual presentation. We will also attend all hearings and public meetings as required by the appropriate improvement act(s) fully prepared to present all necessary testimony and to respond to all public comments. Primary Contact Toll Free Phone Number The purpose of this task is to serve as primary contact with the public regarding the assessments. WEBB will provide a toll free number for the City and all property owners to provide information with regards to the proposed ballot measures. Final Engineer's Report WEBB will prepare a final Engineer's report, reflecting the actual costs and expenses for confirmation by the legislative body. Engineer's Signature WEBB will provide a Registered Professional Engineer's (PE) stamp and signature for the Engineer's Report by our President/CEO Matthew E. Webb. Report Reproduction WEBB will provide the City copies of the Final Engineers Report, to include the assessment roll, as well as one unbound copy of the Engineer's Report for staff to reproduce, if required. WA ATTACHMENT B I*01-13Y1111111:7 SUMMARY OF ADMINISTRATION SERVICES - FEE SCHEDULE Community Facilities Districts $ 188,000.00 Lighting and Landscape Maintenance (Citywide) 25,000.00 Lighting and Landscape Maintenance No. 1 10,000.00 Assessment Districts 30,000.00 Totals $ 253,000.00 Fixed Fee Schedule ADMINISTRATION SERVICES 18 CFD. 88-3 West Lake Elsinore $13,500.00 CFD 90-2 Tuscany Hills $13,500.00 CFD 95-1 Civic Center $5,000.00 CFD 98-1 Summerhill $7,000.00 CFD 2003-1 / 2007-1 Law,. Fire, Paramedic $6,000.00 CFD 2003-2 IAA Canyon Hills Imp.A $9,000.00 CFD -2003-2 IA B Canyon Hills Imp:.B $22,000.00 CFD 2003-2 IA C Canyon Hills Imp. C $6,000.00 CFD 2003-2 IA.D Canyon Hills Imp. D $7,000.00 CFD 2003-2i(Services) Fire Tax .$5,000.00 CFD 2004-3 IA 1. Rosetta Canyon Imp. 1 $8,000.00 CFD 2004-3: IA 2 Rosetta Canyon Imp..2 $9,000.00 CFD 2005-1 Serenity $5,000.00 CFD .2005-21AA Al6erhill Ranch Imp.A $7,000.00 CFD 2005-4 Lakeview Villas $5,000.00 CFD 2005-5 Wasson Canyon $5,000.00 CFD 2005-6 City Center Townhomes $5,000.00 CFD 2006-1 IA A Sum merly Imp. A $5,000.00 CFD 2006-1 IA B Summerly Imp. B $5,000.00 CFD 2006-2 Viscaya $5,000.00 CFD 2006-3 La Strada $5,000.00 CFD 2006-4 Clurman $5,000.00 CFD 2006-5 (Services) Parks, Open Space, SD $5,000.00 CFD 2006-8 Running Deer Estates $5,000.00 CFD 2007-4 Makenna Court $5,000.00 CFD 2007-5 Red Kite $5,000.00 CFD 2009-1 Parks, OS, St. Lt. $5,000.00 TOTAL: $188,000.00 18 Assessment District (AD) and Landscape and Street Lighting Districts (LLMDs) - Annual Administration The. following are Albert A. Webb. Associates annual lump sum fixed fees for the administration of the City's AD and LLMDs; For AD 93-113, the services include full Annual Administration and Conti nuingDisclosure services. AD 93-111 (Canyon Hills) Citywide LLMD Total $30,000 $25,000 ADDITIONAL SERVICES FOLLOWING THIS PARAGRAPH ARE NOT INCLUDED IN THE FEES ABOVE AND WILL BE BILLED SEPARATELY AND FUND BY THE DEVELOPER, PROPERTY OWNER OR RECOVERED THROUGH A BOND REFINANCING. CFD PREPAYMENT CALCULATION FUTURE ADMINISTRATION h one Improvement. Area (per IA) I>b,uuu.vu CFD for CFD with one improvement Area $1,500.00 CFD for CFD with more than one Imorovement Area $5,000.00 FORMATION SERVICES CFD with no Improvement Areas or Zones (2 RMA Drafts)I >1b,uuu.u0 CFD with more than one Improvement Area or Zone (2 RMA Drafts) $25,000.00 CFD Annexation Services $5,000.00 19 Reimbursable Services Assessment District Reapportionment Services Minimum 1- 10 Parcels 11- 20 Parcels 21- 50 Parcels 51- 100 Parcels 101 - 200 Parcels 201 + Parcels Reimbursable Delinquency Notification Services $1,750.00 $1,400.00 $1,800.00' $2,250.00 $3,000.00 $3,500.00 Delinquency Reminder Fee Delinquency Demand Fee Foreclosure Letter Effect Tax Roll Removal/Record Subsequent Notice of Satisfaction (1) Upon approval from the City services, will be rendered and invoiced to the City Delinquency services shown above. Bond Payoffs (Prepayment/ Partial Prepayment Calculations) $50.00 $35.00 $15.00 $10.00 $5.00 $2.50 $15 $35 $60 $100 For parcels involving assessment prepayments, WEBB will calculate and coordinate the removal of the lien for a service fee 250 per prepayment, which will be paid for by the requestor. Hourly Rates for Team Associates Principal in Charge $190.00 Project Manager $157.00 Financial Analyst $128.00 Assistant Financial Analyst $101.00 GISTechnician $101.00 Database Administrator $101.00 Project Coordinator $86.00 20 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the 1st day of May, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and Albert A. Webb Associates ("Consultant"). RECITALS A. City desires to retain Consultant to perform consulting services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A) or for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $15,000.00 without additional written authorization from the City. Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided, however, that approved sub -consultants listed in Exhibit D may be billed at cost plus 10%. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' 'written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors In the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City, City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other Intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data") except for Consultant's WebbSTAR proprietary software. Consultant shall require that all subcontractors agree in writing that City Is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 2 b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which Is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, Invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hail when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-inte rest. 9. independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an Independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10, Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, In the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. 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. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses, Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), to the extent arising out of the negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. L Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employee's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, Its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. Ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. ill. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non - owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this 5 insurance shall not be less than one million dollars ($1,000,000) on a claims - made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than AMI and shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the tens of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Albert A Webb Associates 3788 McCray Street Riverside, California 92506 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney, 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21, Severability, If any term or portion of this Agreement is held to be invalid, Illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attomeys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ('JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all, requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement, For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall Include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or 0 recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Ft IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OFLAKEELSINORE: By:— Printed N : Grant Yates Title: Cit ana r CONSULTANT: By; :ShaneSpicer Title:�aocL Business License # 0"04o Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D – List of Subcontractors 10 EXHIBIT "A" SCOPE OF SERVICES To provide initial apportionment, delinquency monitoring, administration and other related services for all Special Tax Districts within the City of Lake Elsinore for Community Facilities Districts, Assessment Districts, and Landscaping and Lighting Districts Issued under various State of California statutes. 'i:11=lii'i . FEE SCHEDULE The consultant will bill hourly at the rate of $128 per hour up to $15,000.00. Additional services can be performed upon amendment of the original contract amount upon written authorization of the City Manager as approved by the City Council. EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS- COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this 1 at day of May, 2014 at Riverside, California. ��A�� G.o�c - LIST OF SUB -CONSULTANTS / SUBCONTRACTORS None. Client#: 238031 ALBE W EBB1 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE DAM CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 6/005/205/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 ONT T NAME: Kristie Koehrer Hub International INC,N 951-788-8500 F^X 951-7_42_4.723 HUB Int'I Insurance Serv. Inc. E-MAIL ADDRESS: kristie.koehrer@Ilubinternational.com 4371 Latham St, Ste #101 02/01/201 t EACH OCCURRENCE INSURER(S)AFFORDING COVERAGE NAICq Riverside, CA 92501 INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B: (ronshore Specialty Insurance 25445 Albert A. Webb Associates ------— - 3788 McCray St. -INSURER C: ---- ---------- � CLAIMS -MADE [A OCCUR Riverside, CA 92506 INSURERD MED EXI'(Anyare parson)__- INSURER E : _ INSURER F: $1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR MO. POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY) LIMITS A GENERAL LIABILITY 6305456P929 2/01/2014 02/01/201 t EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL I_IABII_I IY qryI�� T N:NTED RNEMIS�S Laoc nen'sI__ $100,000 � CLAIMS -MADE [A OCCUR MED EXI'(Anyare parson)__- $5,006 PERSONAL _&ADV INJURY $1,000,000 CFNERALAGOREGATE $2,000,000 LIMIT APPLILS PER'. PRODUC IS - COMPIOP ADD $2,000,060 1'LAG1'3yM— POLICY PRC LOC $ ({ AUTOMOBILE LIABILITY BA5456P929 2/01/201 02/01/201 LE LIMIT4 COMBINN SING ra aaidnnil 8110001000 BODILY IN.IURY (Por porson) $ My AUTO All OWNED SCHEOULFC AUTOS AUTOS I BOD!IY INAIIRV (Por aecuenl) $ PROPERTY DAMAGE Per acclCeJ,__ $ NON OWNED HIRED ALL OS AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ ACCRECATF $ EXCESS LIAB Cl AIMS MADE D'D REPENT ION$ _ $ A AND EMPLOYERS' LIABILITY WORKERS COMPENSATION ANY PROPRETORIPARTNEWEXECUT NEY/N OFFICrWMEMBER EXCLUDED? N/A UB4A464917TIL13 9/01/2013 09/01/201 X WCSIATU- OTH- EL EACHACCIDHNT $1000000 —— E.L. DISEASE - EA EMPLOYEEI $1 1000,000 (MandalorylnNH) Il yw, do.,,I he under DESCRIPTION Of OPERAT IONS bobw E.L. DISEASE -POLICY LIMIT $1,000,600 B Professional 001753800 8/08/2013 08/08/201 $1,000,000 Each Claim Liability $1,000,000 Aggregate $100,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Aitech ACORD 101, Additional Remarks Schedule, If more space is required) City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are Additional Insureds in regards to the General Liability policy per the attached endorsement form CGD415 05/08; Waiver of Subrogation and Primary/Non-Contributory wording applies. Additional Insured and Waiver of Subrogation applies to the Auto Liability Policy perthe attached endorsement form CAT353 06(09. Primary/Non-Contributory wording applies to Auto Liability Policy per the attached endorsement form (See Attached Descriptions) CI of Lake Elsinore SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2899114/M2662658 MB44 CAT44204109. Waiver of Subrogation applies to the Worker's Compensation policy per the attached endorsement: form WC990370: "Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded. within the policies to the certificate holder named . below, will provide to such certificate holder notice of such cancellation within thirty (30) days. of the cancellation date., except in the event the. cancellation is due to non-payment of premium, in which case Nub will provide to.such certificate: holder notice of such cancellation: within ten (10) days -ofthe cancellation date." #S2899114IM2662658 Albert A. Webb Associates Policy # 6305456P929 Policy Term: 2/1/2014 to 2/1/2015 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGEsMENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 this 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. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage — Damage To Premises Rented To You G. Personal Injury— Assumed by Contract H. Increased Supplementary Payments I. Additional Insured — Owner, Manager Or Lessor Of Premises J. Additional Insured — Lessor Of Leased Equip- ment K. Additional Insured — State Or Political Subdivisions — Permits Relating To Premises L. Additional Insured — State Or Political Subdivisions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The Named Insured in Item 1. of the Declarations is amended as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who is An Insured — Newly Acquired Or Formed Organizations N. Injury To Co -Employees And Co -Volunteer Workers O. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition — Rail- road Easement V. Additional Definition — Written Contract Re- quiring Insurance ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of'oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 1008) 0 2008 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your "employees' who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services' or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: a. 'Incidental medical services' means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services' means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees' who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees' rendering "incidental medical services' or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I — COV- ERAGES —COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5. The following is added to Paragraph 4.1a., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees' for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices' or "Good Samaritan services', except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part. 6. The following is added to Paragraph 5. of SECTION III—LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees' in providing or failing to provide "inciden- tal medical services" or "Good Samaritan ser- vices' to any one person will be deemed to be one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE— EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON -OWNED WATERCRAFT — INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. 2. The following is added to SECTION II —WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part. Page 2 of 8 0 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 1008) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through n, do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION III — LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter: or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same 'occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract' in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract`, G. PERSONAL INJURY — ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in Paragraph 2. of SECTION 1 — COV- ERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: Subject to 5. above, the Damage To Prem- b. Up to $2,500 for cost of bail bonds re- ises Rented To You Limit is the most we will quired because of accidents or traffic law pay under Coverage A for the sum of all violations arising out of the use of any damages because of "property damage" to vehicle to which the Bodily Injury Liability any one premises while rented to you, or Coverage applies. We do not have to fur - temporarily occupied by you with permission nish these bonds. CG D4 15 05 08 (Rev. loo8)(c) 2008 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: 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. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. The following is added to SECTION II —WHO IS AN INSURED: performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision I. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. J. ADDITIONAL INSURED —LESSOR OF LEASED EQUIPMENT 1. The following is added to SECTION II —WHO IS AN INSURED: Any person or organization that you have Any person or organization that you have agreed in a "written contract requiring insur- agreed in a "written contract requiring insur- ance" to include as an additional insured on ance" to include as an additional insured on this Coverage Part is an insured, but: this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or jury" or "property damage" that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that "written contract requiring insurance"; that "written contract requiring insurance"; and and b. Only if the "bodily injury", "property dam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, and forming operations on your behalf, in the arises out of the ownership, maintenance maintenance, operation or use of equip - or use of that part of any premises leased ment leased to you by such additional in- to you under that "written contract requir- sured. ing insurance". 2. The insurance provided to such additional in - 2. The insurance provided to such additional in- sured under this Provision J. is subject to the sured under this Provision I. is subject to the following provisions: following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such insured nsured shall be the limits additional insured shall be the limits which you agreed to provide in the "writ - which you agreed to provide in the "writ- ten contract requiring insurance", or the ten contract requiring insurance", or the limits shown in the Declarations for this limits shown in the Declarations for this Coverage Part, whichever are less; and Coverage Part, whichever are less; and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: insured does not apply to: (1) To any "bodily injury" "property (1) Any "bodily injury" or "property dam- damage" that occurs, or "personal in - age" that occurs, or "personal injury" jury" caused by an offense commit - caused by an offense committed, af- ted, after the equipment lease ex - ter you cease to be a tenant in that pires: or premises; f2) If the equipment is leased with an (2) Any structural alterations, new con- operator. struction or demolition operations Page 4 of 8 @ 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 70-08) 3. This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to SECTION 11 — WHO IS. AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products — completed operations hazard". M. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II —WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY nod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or form the organization will be covered under this provision until the end of the policy period, even if there are more than 180 days remaining until the end of the policy period. INJURY TO CO -EMPLOYEES AND CO. VOLUNTEER WORKERS The following is added to SECTION II — WHO IS AN INSURED: 1. Your "employees" are insureds with respect to "bodily injury" to a co -"employee" in the course of the co -"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of SECTION II — WHO IS AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. O. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION III — LIMITS OF INSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE a. Coverage under this provision is afforded only The following is added to Paragraph 2. Duties In until the 180th day after you acquire or form The Event of Occurrence, Offense, Claim Or the organization or the end of the policy pe - CG D4 15 05 08 (Rev. to -0) 0 2008 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV — COMMERCIAL GENERAL ance" by the method described in c. LIABILITY CONDITIONS: below. Notice of an "occurrence" or of an offense which b. Excess Insurance may result in a claim must be given as soon as This insurance is excess over any of practicable after knowledge of the "occurrence" or the "other insurance", whether pri- offense has been reported to you, one of your mary, excess, contingent or on any "executive officers" (if you are a corporation), one other basis: of your partners who is an individual (if you are a (1) That is Fire, Extended Coverage, partnership), one of your managers (if you are a Builder's Risk, installation Risk, limited liability company), one of your trustees or similar coverage for "your who is an individual (if you are a trust), or an work"; "employee" (such as an insurance, loss control or (2) That Fire insurance for prem- risk manager or administrator) designated by you ises rented to you or temporarily to give such notice. occupied by you with permission Knowledge by any other "employee" of an "occur- of the owner; rence" or offense does not imply that you also (3) That is insurance purchased by have such knowledge. you to cover your liability as a Notice of an "occurrence" or of an offense which tenant for "property damage" to may result in a claim will be deemed to be given premises rented to you or tempo - as soon as practicable to us if it is given in good rarily occupied by you with per - faith as soon as practicable to your workers' com- mission of the owner; or pensation, accident, or health insurer. This ap- (4) If the loss arises out of the main - plies only if you subsequently give notice of the tenance or use of aircraft, "occurrence" or offense to us as soon as practi- "autos", or watercraft to the ex - cable after you, one of your "executive officers" (if tent not subject to Exclusion g. of you are a corporation), one of your partners who Section I — Coverage A — Bodily is an individual (if you are a partnership), one of Injury And Property Damage Li - your managers (if you are a limited liability com- ability; or pany), one of your trustees who is an individual (if (5) That is available to the insured you are a trust), or an "employee" (such as an in- when the insured is an additional surance, loss control or risk manager or adminis- insured under any other policy, trator) designated by you to give such notice dis- including any umbrella or excess covers that the "occurrence" or offense may in- policy. volve this policy. When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A 1. or B to defend the insured against The following replaces Paragraph 4., Other any "suit" if any provider of "other in - Insurance of SECTION IV — COMMERCIAL surance" has a duty to defend the in - GENERAL GENERAL LIABILITY CONDITIONS: against that "suit". If no pro - 4. Other Insurance vider of "other insurance" defends, If valid and collectible "other insurance" is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insured's rights cover under Coverages A or B of this against all those providers of "other Coverage Part, our obligations are limited insurance". as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only our share of the amount of the loss, if This insurance is primary except any, that exceeds the sum of: when b. below applies. If this insur- ance is primary, our obligations are (1) The total amount that all such not affected unless any of the "other "other insurance" would pay for insurance" is also primary. Then, we the loss in the absence of this in - will share with all that "other insur- surance; and Page 6 of 8 @ 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 1008) (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the 'other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the 'other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition is added to SECTION V — DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5. of LIMITS OF INSURANCE (Section III) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion 111) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk man- agement method. I Does not include umbrella insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- lations. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury' or "advertising injury' arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work": or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and in effect when, the "bodily injury' or "property damage" occurs, or the "personal injury" offense or "advertising injury' offense is committed, T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury' in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per - CG D4 15 05 08 (Rev. too8)©2008 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c, of the definition of "insured contract" in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in the DEFINITIONS Section is deleted. V. ADDITIONAL DEFINITION — WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written 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 the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 8 of 8 0 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 70-08) Albert A. Webb Associates Policy Number: BA5456P929 Policy Term: 2/1/2014 to 2/1/2015 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- tied 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 1. 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 appllesand only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section If. 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 11— 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 busk a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 @ 2009 The Travelers Companies, Inc.. Page 1 of 4 Includes the copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL AUTO 2. The tollowing 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 AA., Who Is An Insured, of SECTION tl — 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 it — 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 e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. 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. (1) 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: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ti) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE. Page 2 of 4 U 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance services Office, Inc. veith its permission. and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) 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, (4) 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 COMMERCIAL AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: 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. 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 The following replaces the last sentence of Para- SECTION IV — BUSINESS AUTO CONDITIONS: graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: Your duly to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- However, the most we will pay for any expenses plies only when the "accident" or "loss" is known for loss of use is $65 per day, to a maximum of to: $750 for any one "occident". (a) You (if you are an individual); CA T3 53 06 09 U 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL_ AUTO (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". 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 © 2009 The Travelers Ccmpanies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance services Office, Inc. with its permission. Albert A. Webb Associates COMMERCIAL AUTO Policy # BA5456P929 ISSUE DATE: 2/1/2014 Policy Term: 2/1/2014 to 2/1/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided by 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 this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED TO DO 50 IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS PROVISIONS A. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION III -LIABILITY COVERAGE: Any person or organization shown above who Is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is In effect during the policy period, to he named as an additional insured is an "insured" for Liability Cov- erage, but only for damages to which this insur- ance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. B. The following is added to Paragraph 5., Other Insurance, in B. General Conditions of SEC- TION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, if the scheduled person or organization shown above has other insurance under which it is the first named insured and that insurance also ap- plies, then this insurance is primary to and non- contributory with that other insurance when the written contract or agreement between you and that scheduled person or organization, that is signed and executed by you before the "bodily in- jury" or "property damage" occurs and that Is in effect during the policy period, requires this insur- ance to be primary and non-contributory. CA T4 42 04 09 C) 2008 The Travelers Ccmpanies, Inc. Page 1 of 1 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99'0376 (. A) -- POLICY NUMBER, UB4A464917TIL13 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. The additional premium for this ehdorsement shall be 1 % of the California workers': compensation pre-. ni iuin, Schedule Person or Organization Any Person or organization for wham the clamed Insured has agreed by written contract to furnish this waiver Job Description This endorsement changes the policy to which It Is attached and Is. effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to proparatlon of the policy.) Endorsement Effective 09/01/2013 Policy No. UB4A464917TIL13 Endorsomont No. Insured remium Alban A. Webb Associate;; F. Insurance CompanyTravelers Property Casualty Cant Countersigned by filnAlca,!` America DATE <OFISSUE: 08127/2D13 STASSIGN: Page 1 of 1