HomeMy WebLinkAboutMDG Associates, LLC - Home Investment Partnerships Program HOME - 2023AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL AL CITY
AND
MPG ASSOCIATES LLC
FOR THE DEVELOPMENT OF HOME -ARP ALLOCATION PLAN & OUTREACH
ASSISTANCE
THIS AGREEMENT is entered into this 12th day of January , 2023, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"),and MDG Associates
LLC, a limited liability company organized and existing under the laws of the state of California
(the "CONSULTANT").
RECITALS
WHEREAS, the City receives an annual allocation of Home Investment Partnerships
("HOME," "HOME Program," or "PROGRAM") Program funds from the U.S. Department of
I Housing and Urban Development ("HUD") under Title II of the Cranston -Gonzalez National
Affordable Housing Act of 1990, as amended, 42 Usc 12741 et seq., (the "Act") and 24 CFR
part 92;
WHEREAS, the purpose of the HOME Program is to increase the supply of decent,
safe, sanitary, and affordable housing for very low-income and low-income households; and
WHEREAS, among the eligible uses of HOME is the provision of administration and
planning pursuant to 24 CFR 92.2 7; and
WHEREAS, the CITY has made an allocation of funds to establish a HOME American
Rescue Plan (ARP) and Outreach Assistance (HOME ARP Allocation Plan & Outreach"); and
WHEREAS, the CITY has appropriated $15,692.00 in the Fiscal Year 2 22-2 23 to
households in National City by providing with the. development of the HOME ARP Allocation
Plan and Outreach Assistance; and
WHEREAS, the CONSULTANT responded to the CITY's HOME notice offunding
availability ("NOFA") to deliver the CITY's HOME ARP Allocation Plan & Outreach Assistance;
and
WHEREAS, the CONSULTANT T has extensive knowledge and experience in
managing the delivery of HOME -funded American Rescue Plan (ARP) and Outreach ; and
WHEREAS, the CITY has determined that the CONSULTANT T has the experience,
adequate staff capacity, and ability to deliver the services desired by the CITY in a professional
and timely manner, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to perform the services hereinafter set forth according to all terms and conditions
contained herein, and the CONSULTANT agrees to perform the services set forth herein according
to all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under the direct supervision of the CONSULTANT.
2. EFFECTIVE DATEANILLEiGTH OF AGREEMENT. This Agreement will
become effective on the date that it is executed. The Scope of Services should be completed within
six months of the execution date of this Contract, as identified in attached Exhibit "A" entitled
Scope of Work.
3. SCOPE of SERVICES. The express purpose of this Contract is for the CITY to
provide the CONSULTANT with HOME Program funds to be used to HOME ARP Allocation
Plan and Outreach Assistance,
The CONSULTANT will perform services as set forth i . the attached Exhibit "A,"
entitled Scope of Work; Exhibit "B," entitled the Budget, which provides a detailed description of
how the HOME ARP Allocation Plan and Outreach Assistance will be carried out for the
development of the HOME ARP Allocation Plan.
The CONSULTANT shall be responsible for all research and reviews related to the
work and shall not rely on personnel of the CITY for such services, except as authorized in advance
by the CITY. The CONSULTANT shall appear at requested meetings and provide reports as cited
in Exhibit "A" to keep staff and City Council advised of the progress on the project
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement, Upon doing so, the CITY and the CONSULTANT SULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with the said change in services.
4. PROGRAM COORDINATION AND SUPERVISION. The Housing Program
Manager of the National City Housing Authority hereby is designated as the HOME ARP
Allocation Plan and Outreach Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONSULTANT shall assign a single Program Manager to
provide supervision and have overall responsibility for the CONSULTANT's progress and
execution of this agreement.
5. COMPENSATION AND.._PAYMENT. The compensation for the CONSULTANT
shall be based on monthly billings covering actual work performed. Billings shall include labor
classifications, respective rates, hours worked, and also materials if any. The total cost for all work
described in Exhibit "A" shall not exceed Fifteen Thousand Six Hundred Ninety Two dollars
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($15,692.00) of HOME Program funds. The compensation for the CONSULTANT'S work shall
not exceed the rates set forth in Exhibit "A." Monthly invoices will be processed for payment and
remitted within thirty 0 days from receipt of invoice, provided that work is accomplished
consistent with Exhibit "A," as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee
timesheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term ofthis Agreement and
for five years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions that
may arise regarding the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability ilit of the
work, the manner of performance, and or.the compensation nsation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten(10)
business days, the CONSULTANT and the CITY shall each prepare a report supporting their
position and filing the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance, and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND WN RS I1 OF DOCUMENTS. The Memoranda.,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this PROGRAM, whether paper or electronic, shall: 1 be free from defects;
(2) become the property of the CITY for use with respect to this PROGRAM; and shall be
turned over to the CITY upon completion of the PROGRAM, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT hereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY' S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. Upon request of the CITY,
the CONSULTANT shall execute any further document(s) necessary to effectuate this waiver and
disclaimer further.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written
work product for the CITY' S purposes, and the CONSULTANT SULTAI T expressly waives and disclaims
any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT T shall relieve the CONSULTANT from liability under Section 14,
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some PROGRAM other than what was
expressly agreed upon within the Scope of Services of this PROGRAM, unless otherwise mutually
agreed.
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. INDEPENDENT_ NT1 A 'TO . Both parties hereto in the performance of this
Agreement will be acting in an independent capacity and not as agents, employees, partners, or
joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY and are not entitled to any of the CITY'S employees' rights,
benefits, or privileges, including but not limited to retirement, medical, unemployment, or
workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees. The parties recognize that a substantial inducement to the CITY
for entering into this Agreement was, and is, the professional reputation and competence of the
CONSULTANT and its employees. The CONSULTANT T may assign neither this Agreement nor
any interest therein without the prior written consent of the CITY. Nothing herein contained is
intended to prevent the CONSULTANT from employing or hiring as many employees, or
SUBCONSULTANTS, TS, as the CONSULTANT may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONSULTANT with its
SU C NSULTAI T S shall require the SU CONSULTAI T S to adhere to the applicable
terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any
control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent of the CITY, and
this Agreement solely prescribes CONSULTANT'S obligations to the CITY.
10. COMPLIANCE WITH APPLICABLE LAW. In the performance of the services
to beprovided herein, the CONSULTANT shall comply with all applicable state and federal
statutes and regulations and all applicable ordinances, rules, and regulations of the City ofNational
City, whether now in force or subsequently enacted. The CONSULTANT T and each of its
SU CONSULTANT S shall obtain and maintain a current City ofNational City business license
prior to and during the performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS,_ TC.. The CONSULTANT represents and covenants that
it has all licenses, permits, qualifications, and approvals of whatevr nature that are legally required
to practice its profession. CONSULTANT must promptly produce a copy of any such license,
permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the CONSULTANT
to practice its profession.
12. STANDARD P+ CARE.
A. The CONSULTANT, in performing any services under this Agreement, shall
perform in a manner consistent with that level of care and skill ordinarily exercised by members
of the CONSULTANT' S trade or profession currently practicing under similar conditions and in
similar locations. The CONSULTANT shall take all special precautions necessary to protect the
CONSULTANT'S employees and members of the public from the risk of harm arising out of the
nature of the work and/or the work site's conditions.
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B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT T warrants to the CITY that it is not now, nor has it for the five years preceding,
been debarred by a governmental agency or involved in debarment, arbitration, or litigation
proceedings concerning the CONSULTANT'S professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes, or materials whose availability is critical to the success of the PROGRAM
the CONSULTANT has been retained to perform, within the time requirements of the CITY, or
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes, or treatments identified in the PROGRAM documents prepared for the CITY
are reasonably commercially available. Any failure by the CONSULTANT to use due diligence
under this sub -section will render the CONSULTANT liable to the CITY for any increased costs
that result from the CITY'S later inability to obtain the specified items or any reasonable substitute.
within a price range that allows for PROGRAM completion in the time frame specified or, when
not specified, then within a commercially reasonable time.
13. NONDISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to ensure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital
status, national origin, physical handicap, or medical condition. Such action shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places
available to employees and applicants foremployment any notices provided by the CITY setting
forth the provisions of this nondiscrimination clause.
14. CONFIDENTIAL__INFORMATION. From time to tune, the CITY may
communicate to theCONSULTANT certain confidential information to enable the
CONSULTANT to perform the services to be provided herein effectively. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT T shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, SULTANT, hereafter disclosed, in publicly available sources of
information; (iii) is already in possession of the CONSULTANT without any obligation of
confidentiality; or (iv). has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions,
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm, or corporation.
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CONSULTANT shall be liable to CITY for any damages caused by a breach ofthis
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims,
demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, any kind or
nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT'S performance or other obligations under this Agreement;
provided, however, that this indemnification and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the CITY, its agents,
officers, employees or volunteers. CITY will cooperate reasonably in defense of any action, and
CONSULTANT shall employ competent counsel reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
16.1PEKSEligibility Indemnification. Suppose CONTRACTOR' s employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or the
California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS
of the CITY. In that case, CONTRACTOR shall indemnify, defend, and hold harmless CITY for
the payment of any employer and employee contributions for PERS benefits on behalf of the
employee as well as for payment of any penalties and interest on such contributions which would
otherwise be the responsibility of the CITY.
CONTRACTOR'S employees providing service under this Agreement shall not:(1)
qualify for any compensation and benefit under PERS; 2 be entitled to any benefits under PERS;
enroll in PERS as an employee of CITY; 4 receive any employer contributions paid by CITY
for PERS benefits; or be entitled to any other PRS-related benefit that would accrue to a CITY
employee. CO TRACT R.'s employees hereby waive any claims to benefits or compensation
described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other
agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary.
1 .2Lirnitation of CITY Liability, The payment made to CONTRACTOR under this
Agreement shall be the full and complete compensation to which CONTRACTOR and
CONTRACTOR's officers, employees, agents, and subcontractors are entitled to perform any
work under this Agreement. Neither CONTRACTOR nor CONTRACTOR' s officers, employees,
agents, and subcontractors are entitled to any salary or wages, retirement, health, leave, or other
fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax
withholdings on behalf of the CONTRACTOR. The CITY shall not be required to pay any
workers' compensation insurance on behalf of the CONTRACTOR.
16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
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including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of(1)
CONTRACTOR, 2 any employee of CONTRACTOR, or any employee of CONTRACTOR
construed to be an employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the
provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the
applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto;
and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the
CITY and its officers, employees, and volunteers from and against all claims, demands, payments,
suits, actions, proceedings, and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or its officers,
employees, or volunteers, for or on account of any liability under any of said acts which may be
incurred by reason of any work to be performed by the CONSULTANT under this Agreement.
I 8. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and
maintain, and shall require its SU C NSULTANT S , when applicable, to purchase and maintain
throughout the term of this Agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per claims made.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident, Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2M00,000 per occurance/claims made and $4,000,000 aggregate, or $1,000,000 per
occurrence/claims made and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering
all bodily injury and property damage arising out of its operations, work, or performance under
this Agreement. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
The general aggregate limit must apply solely to this "PROGRAM" or "location." The
"PROGRAM" " or "location" should be noted with specificity on an endorsement that shall be
incorporated into the policy.
L. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of the CONSULTANT'S SULTAI T'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT SULTAI T has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT SULTAI T shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, employees, and volunteers so that any other policies held by the CITY shall not
contribute to any loss under §aid insurance. Said policies shall provide for thirty 3 days prior
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written notice to the MITY's Risk Manager, at the address listed in subsection U below, of
cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after the expiration of the term (and any extensions) of this Agreement. In addition, the "retro"
date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall
be:
City of National City
co Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in
California that hold a current policy holder's alphabetic and financial size category rating of not
less than A: VII according to the current Best's Key Rating Guide or a company of equal financial
stability that the CITY'S Risk Manager approves. In the event coverage is provided by non -
admitted "surplus lines" carriers, they must be included on the most recent List of Approved
Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient proof
that these insurance provisions have been complied with are filed with and approved by the
CITY' S Risk Manager. If the CONSULTANT does not keep all insurance policies required by
this Section 18 in full force and effect atall times during the term of this Agreement, the CITY
may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
J. All deductibles and self -insured retentions 'in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Section 18, including limits, based on the nature ofthe risk, prior experience,
insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the CONSULTANT. T. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the CITY.
19. LEGAL FEES. If any party brings a suit or action against the other party arising from
any breach of any of the covenants or agreements or any inaccuracies in any of the representations
and warranties on the part of the other party arising out of this Agreement, then in that event, the
prevailing party in such action or dispute, whether by final judgment or out -of -court settlement,
shall be entitled to have and recover of and from the other party all costs and expenses of suit,
including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award, Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred
by the CITY in its 'prosecution or defense of the action, irrespective of the actual amount of
attorney's fees incurred by the prevailing party.
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20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without a cause shall be effective only upon 10-day's written notice to the
CONSULTANT. In the event of termination, the CONSULTANT shall suspend the collection of
applications and execution of additional Rental Assistance Contracts following receipt of such
notice.
B. This Agreement may also be terminated immediately by the CITY for cause in
the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
C. Termination with or without a. cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
I. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, unless any damages
caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written
material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this Agreement
upon I the filing of a petition in bankruptcy affecting the CONSULTANT; 2 a reorganization
of the CONSULTANT for the benefit of creditors; or a business reorganization, change in
business name or change in business status of the CONSULTANT.
F. In the event that HUD withdraws any portion of the CITY' S . HOME funds, the
CITY shall not be obligated to reimburse the CONSULTANT or sub -contractor for any activity
expense incurred or otherwise. CITY will notify CONSULTANT if such event by HUD occurs
within 30 days.
21. NOTICES. All notices or other communications' required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be . deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, iii if mailed
by registered, certified or ordinary mail, five days (ten (10) days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction, or other communication
delivered or sent as specified above shall be directed to the following persons:
To CITY: Housing Programs Manager
National City Housing Authority
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City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT: MDG Associates LLC
Att.: Rudy L. Munoz, President
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Notice of change of address shall be given by written notice in the manner specified in this Section.
The rejection or other refusal to accept or the inability to deliver because of a changed address of
which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or
communication sent. Any notice, request, demand, direction, or other communication sent by
cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight 4 hours by letter
mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. . During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process, or material for the PROGRAM in which the CONSULTANT has a material financial
interest, either direct or indirect, without first notifying the CITY ofthat fact. The CONSULTANT
shall at all times comply with the terms of the Political Reform Act and the National City Conflict
of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
LiIf checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political ReformAct and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT T shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work performed
under this Agreement. State prevailing wages rates apply to all public works contracts as set forth
in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720. , and
1771. The consultant is solely responsible for determining if State prevailing wage rates apply and,
if applicable, pay such rates according to all laws, ordinances, rules, and regulations.
24. ADMINISTRATIVE ATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for this
Agreement ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall
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automatically be extended until 5:00 p.m. Pacific is Time of the next day is not a Saturday, Sunday,
or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which, together, shall constitute but one and the
same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the parties' convenience, are not a part of this Agreement, and shall not
be used to interpret or determine the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided herein,
the execution and delivery of this Agreement shall not be deemed to confer any rights upon or
obligate any of the parties hereto to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby
incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or
provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment o this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement shall
not operate as a waiver of any future breach of any such provision or any other provision hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
J. Audit. If this Agreement exceeds ten -thousand dollars 10,00, the parties
shall be subject to the examination and audit of the State Auditor for a period of three years
after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written and contains the entire 'agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties hereto.
M.Subcontractors or Subcosuans. The CITY is engaging the services of the
CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsul.ta.nts shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless
provision of Section 15 of this Agreement.
N. Construction. The parties acknowledge and agree that i each party is of equal
bargaining strength, ii each party has actively participated in the drafting, preparation, and
negotiation of this Agreement, iii each such party has consulted with or has had the opportunity
HOME Standard Agreement
Page 11 of 22 City of National City
to consult with its own, independent counsel, and such other professional advisors as such party
have deemed appropriate, relative to any and .11 matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions thereof, or any
amendments thereto.
25. HOME PROGRAM AM SULTA TT PROVISIONS.
A. Program Income CITY and CONSULTANT acknowledge and agree that the
design of PROGRAM does not anticipate the receipt of "Program Income," as defined in 24 CFR
92.2, by the CONSULTANT. Notwithstanding, in the event that any Program Income is received
by the CONSULTANT, CONSULTANT will promptly remit same to the CITY.
B. Applicability ,Uniform Administrative Requirements In performing under this
Agreement, the requirements of 2 CFR part 200 apply to the CONSULTANT, except for the
following provisions: §200.306, §200.307, §200.311 (except as provided in 24 CFR 92.257),
§200.312, §200.329, §200.333, and §200.334. The provisions of 2 CFR 200.305 apply as modified
by 24 CFR 2.5 2 c . If there is a conflict between definitions in 2 CFR 200 and 24 CFR part 92,
the definitions in 24 CFR part 92 govern. While not intended to be an exhaustive list,
CONSULTANT SULTAI TT acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance
with:
B. Procurement Standards and procedures consistent with 2 CFR 200.318 through
200.326 related to the procurement of property or services with HOME funds;
B.2 Audit The requirement under 2 CFR 200.501 that the CONSULTANT must
obtain a single- or PROGRAM -specific audit if, during any given CONSULTANT fiscal year,
CONSULTANT expends more than $750,000 in federal funds; ¢ f
B.3 Cost PrinciplesThe cost principles included in 2 CFR 200 Subpart F, including
that any costs charged to HOME be supported by adequate documentation, allocable to the
PROGRAM, necessary, and reasonable.
C. Administrative Funding Within the funding limit provided in Section 5,.
CONSULTANT may use HOME funds for administrative expenses associated with operating the
PROGRAM. Eligible administrative costs include costs associated with activities described in the
general management oversight and coordination requirements at 24 CFR 2.2a to the extent
that such activities are allowable under this Agreement. These include, but may not be limited to,
costs associated with coordinating and overseeing the PROGRAM; advertising and promoting the
PROGRAM, including affirmatively marketing the PROGRAM pursuant to the requirements of
24 CFR 92.351; maintaining appropriate PROGRAM records, including financial records, and
submitting progress, financial, and other reporting to the CITY; taking applications, conducting
intake interviews, and otherwise processing applications that do not proceed; and conducting
required unit inspections.
HOME Standard Agreement
Page 12 of 2City of Natiol City
C. I Treatmentof Income Determination and Inspection Costs Pursuant to 24 CFR
92.2 9 a , the CONSULTANT may also use HOME Program funding for its PR GRAM -specific
soft costs associated with determining the income eligibility and assistance amount for assisted
tenants and completing property inspections of units occupied by assisted tenants.
Alternatively, the costs associated with determining the income eligibility and assistance amount
for assisted tenants and completing property inspections of units occupied by assisted tenants, in
whole or to the extent they exceed the limit established herein, may be charged as an administrative
cost, provided that in no case may a single item of cost be charged both as an administrative
expense and as a PROGRAM -related soft cost as provided for herein.
D. Reversion of Assets Upon receipt of the final payment by the CITY under this
Agreement and after payment by the CONSULTANT of any final eligible costs under this
Agreement, the CONSULTANT must transfer to the CITY any remaining HOME funds on hand
and any accounts receivable attributable to the use of HOME funds to the CITY.
E. Compliance with Other Federal Requirements CONSULTANT must comply
with all applicable federal requirements, including those listed in 24 CFR part 92, Subpart H and
24 CFR part 5, Subpart A, and the nondiscrimination requirements of section 282 of the Act, as
amended. This includes, but is not limited to, compliance with:.
E.E.1 Equal Opportunity and Fair Housing sing Jr. accordance with 24 CFR 92.350 and
92.351, no person shall on the ground of race, color, religion, sex, disability, familial status,
national origin, or age be excluded from participation in, be denied the benefits o, or be subjected
to discrimination under any PROGRAM activity funded in whole or in part from HOME funds.
In addition, CONSULTANT shall develop and operate the PROGRAM . in accordance with the
requirement contained in 24 CFR 5.105, including but not limited to the following requirements:
a) The requirements of the Fair Housing Act (42 U.S.C. 3601-19) and
implementing regulations at 24 CFR Part 100; Executive Order 11063, as
amended by Executive Order 12259 CFR 1958 19 3 Comp., P. 652 and
3 CFR 1980 Comp., P. 0 (Equal Opportunity in Housing) and
implementing regulations at 24 CFR Part 107; and of the Civil Rights Act
of 1964 (42 U.S. C. 2000d) (Nondiscrimination in Federally Assisted
Programs) and implementing regulations issued. at 24 CFR Part 1;
b) The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 101-07and implementing
Regulations at 24 CFR Part 146,
c) The requirements of Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at 24 CFR Part 8;
d) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
17 1 u . and implementing regulations at 24 CFR part 135;
e) The requirements of Executive Order 11246, as amended by Executive
Orders 11375, 11478, 12086, and 12107 (3 CFR 19 4- 5, Comp., p. 339)
HOME Standard Agreement
Page 13 of 22 City of National City
g)
(Equal Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60;
The requirements of 24 CFR 92.351, 2 CFR 200.321, Executive Orders
11625, as amended, and 12432 (concerning Minority Business Enterprise),
and 12138, as amended (concerning Women's Business Enterprise); and
The requirements of 24 CFR .1 o a 2 requiring that HUD -assisted
housing be made available without regard to actual or perceived sexual
orientation, gender identity, or marital status and prohibiting
CONSULTANTS, owners, developers, or their agents from inquiring about
the sexual orientation or gender identity of an applicant for, or occupant of,
HUD -assisted housing for the purpose of determining eligibility for the
housing or otherwise making such housing available. This prohibition on
inquiries regarding sexual orientation or gender identity does not prohibit
any individual from voluntarily self -identifying sexual orientation or gender
identity,
E.2 Lobbying Disclosure Requirements In accordance with the requirements of 24
CFR part 87, the CONSULTANT certifies, to the best of its knowledge and belief, that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf
f the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member ofCongress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the CONSULTANT
T
shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions;
c) The CONSULTANT shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such lower -tier parties shall certify and disclose
accordingly; and
. CONSULTANT acknowledges that this certification is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a. prerequisite for
HOME Standard Agreement
Page 14 of 22 City of National City
making or entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
E.3 Drub Free Workplace Recipients and subrecipients receiving funds from BUD
are subject to 2 CFR Part 2429, which implements the Drug -Free Workplace Act of 1988 (41
U.S.C. 701, et seq.), as amended, and required to provide a drug -free workplace.
E.4 Debarred or Suspended Entities By signing this Agreement, CONSULTANT
certifies that it is not presently listed by any federal agency as debarred, suspended, or proposed
for debarment from any federal contract activity. If during the term of this Agreement this
information changes, CONSULTANT shall notify CITY without delay. Such notice shall contain
all relevant particulars of any debarment, suspension, or proposed debarment. Further, in carrying
out its responsibilities hereunder, CONSULTANT will not employ, contract with, or otherwise
make use of subcontractors, service providers, consultants, or any other party that is debarred,
suspended, or proposed for debarment from any federal contract activity.
E.5 EnvironmentalReview While the CITY is responsible for environmental
reviews and determinations under this Agreement, CONSULTANT will cooperate and assist in
documenting the environmental status of each assisted unit, including but not limited to the initial
preparation of an Environmental Review for PROGRAM that is Exempt or Categorically Excluded
Not Subject to Section 58.5 checklist. In no case will CONSULTANT execute a Rental Assistance
Contract with respect to a specific unit to be assisted without notification from the CITY that the
PROGRAM is either exempt from environmental review or that needed reviews have been
completed.
Lead Based Paint CONSULTANT will ensure that all assisted units in
properties which were originally constructed prior to 1978 pass a visual assessment pursuant to
the requirements of 24 CFR 35.
E.7 Conflict ofinterest r-e Pursuant to 24 CFR 92.356, no employee, agent, consultant,
officer, or elected official or appointed official of the CITY or the CONSULTANT, individually
known as a "Covered Person," that exercises or has exercised any functions or responsibilities with
respect to HOME -assisted activities, or who are in a position to participate in a decision -mating
process or gain inside information with regard to HOME -assisted activities, is eligible to receive
HOME assistance under the PROGRAM or to have a financial interest or financial benefit in any
contract, subcontract, or other agreement with respect to the HOME -funded activities
contemplated in this Agreement, or the proceeds from such activities. This provision shall apply
to both Covered Persons and those with whom they have business or immediate family ties, during
their tenure with the CITY or CONSULTANT or for one year thereafter. Immediate family ties
include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child
(including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent,
grandchild, and in-laws of a Covered Person. In the event a Covered Person, or a person with
whom the Covered Person has business or family ties, is otherwise eligible and applies to the
PROGRAM, CONSULTANT will immediately notify the CITY. CITY, in its sole discretion, may
pursue an exception from HUD under the provisions of 24 CFR 92. 5 d to allow participation
HOME Standard Agreement
Page 15 of 22 City of National City
notwithstanding the conflict of interest. Only HUD mayrat such an exception; neither the CITY
nor the CONSULTANT may grant such an exception on its own. Moreover, the CITY and
CONSULTANT shall comply with the conflict of interest requirements in 2 CFR 200.317 and 2
CFR 200.318 in the procurement of property and services.
Consultant Ac ivi ies CONSULTANT will comply with the reasonable rate of
compensation requirements in accordance with 24 CFR 92.358.
E.9 Faith -based organizations Faith -based organizations are eligible to participate
in the HOME Program on the same basis as any other organization but must comply with the
requirements of 24 CFR 5.109.
F. VAWA Regua io s The CITY and CONSULTANT both acknowledge and agree
that each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which
implements provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA).
CONSULTANT also agrees to follow and implement the applicable VAWA requirements
contained in the Mrs PROGRAM Guidelines and the CITY's Emergency Transfer Plan, as
required by 24 CFR 92.3 9(g), for all applicants to the PROGRAM, and all TBRA recipients for
the period that tenant bas d{rental assistance is provided. Moreover, the CONSULTANT agrees
that all leases that are approved by the CONSULTANT SULTAI T shall contain the CITY' s required VAWA
lease term/addendum, as described in 24 CFR 92.3 9 e and the CITY' s PROGRAM Guidelines.
G. Recordkeeping CONSULTANT shall maintain detailed records of all its
activities under this Agreement, including records onall persons served pursuant to this
Agreement, records required by the April 2020 TBRA Memo, and all required PROGRAM records
applicable to TBRA assistance that are described in 24 CFR 92.508. Representatives of the CITY,
HUD (including HUD's Office of Inspector General), the Comptroller General of the United States
(aka the U.S. Government Accountability Office or "GAO"), or their designees may examine any
records or information accumulated pursuant to this Agreement. All confidential information shall
be treated as such by all aforementioned CITY, HUD, or GAO representatives or designees.
CONSULTANT will maintain administrative and financial records as required by 24 CFR 92.508,
applicable to the activities to be carried out under this Agreement, including but not necessarily
limited to:
�. General' Administrative and Financial Records
a) Information about contractors, vendors, and other service providers to include,
but not necessarily be limited to, verification of non -debarment and suspension,
verification of qualifications and experience, legally binding contracts and
agreements, invoices and payment records, and related correspondence (see 24
CFR Part 24 and 2 CFR part 2424);
b) Financial information including, but not necessarily limited to, audits and
related correspondence, accounting and financial records, indirect cost
analyses, and internal controls and reconciliations;
HOME Standard Agreement
Page 16 of 22 City of National City
c) Financial records identifying the source and use of funds for each person
assisted under the PROGRAM pursuant to this Agreement, as well, as well as
underlying documentation e.g. timesheet records, invoices/receipts, proof of
payment, etc.) for all costs charged to HOME;
d) Records demonstrating compliance with the Uniform Administrative
Requirements of2 CFR 200, as applicable;
G.2 TBRA Recipient Records TBRA recipient records in accordance with 24 CFR
92.508(03) that demonstrate that each HOME -assisted tenant met the requirements of the HOME
Program, including but not limited to:
a. Full descriptions of each tenant or family assisted with PROGRAM funds,
including the location (address of each unit) and the form of TBRA assistance
e.g., rental assistance, utility assistance, etc.);
b) The source and application of funds for each TBRA recipient, including
supporting documentation in accordance with 2 CFR 200.302; and records to
document the eligibility and permissibility of the TBRA recipient's costs;
c) Records, consistent with the PROGRAM Guidelines, demonstrating that each
TBRA-assisted unit meets the PROGRAM' s property standards;
d) Records demonstrating that each assisted tenant or family is income eligible in
accordance with 24 CFR 92.203;
e) Copies of all Rental Assistance Contracts between the CONSULTANT and
TBRA recipients and their property owners.
G.3 Records of Other Federal Requirements Other records that include
documentation of compliance with other federal requirements in accordance with 24 CFR 92.508
that includes the following requirements to the extent applicable to the PROGRAM:
a) of C NSULTA TT's efforts to affirmatively further fair
housing, including both marketing efforts and records on the extent to which
each racial and ethnic group and single -headed households gender of
household head) applied for, participated in, or benefited from the PR GRAM;
b) Records concerning lead -based paint in accordance with 24 CFR Part 35;
c) Records related to compliance with the VAWA provisions of 24 CFR 92.359,
including but not limited to evidence proper notices were provided to applicants
and TBRA recipients and summaries of requests for VAWA protections and
actions taken; and
d Records supporting any requests for exceptions to the conflict of interest
provisions in accordance with 24 CFR 92.356.
HOME Standard Agreement
Page 17 of 22 City of National City
e) Records required by the April 2020 TBRA Memo for the waivers and
suspensions used by the PROGRAM.
H. Reporting Requirements The CONSULTANT agrees to submit any and all
reports required by the CITY or HUD within 30 days of the CITY or HUD's request The
CONSULTANT will provide updates on PROGRAM implementation to the CITY on a monthly
basis. Using forms provided by the CITY, such reports may be submitted either in hard -copy or
electronically, and will include information on the marketing and startup of the PROGRAM,
number of applications received, challenges or concerns about implementation, and estimates of
the timing of upcoming commitments and expenditures of HOME funds.
I. Remedies In the event of default by CONSULTANT hereunder, which is not
cured within 10 days of the mailing of written notice by the CITY as described in Section 5A, the
CITY may seek any combination of the following remedies:
a) Suspend payments under this Agreement pending the correction of a default or
deficiency;
b) Disallow part or all of any of the PROGRAM or cost hereunder which is not in
compliance with this Agreement, the ROGRA34 Guidelines, applicable
fe dera.l requirements, or HOME regulations;
c) Suspend, in whole or part, this Agreement pending correction; or, following
any cure period provided by. the CITY, terminate this Agreement for cause as
provided in 2 C.FR 2 0. 3 ;
d) Recommend to HUD that it initiate suspension or debarment proceedings as
authorized under 2 CFR Part 180;
e) Take any other action available under 2 CFR 2 0. 3 3 ;
Require the repayment of previously disbursed HOME funds for questioned
costs;
g) Require CONSULTANT to participate in training or technical assistance; and
h) Make use of any other remedies that may be legally available to the CITY.
J. Fees to BRA Recipients Prohibited CONSULTANT is prohibited from
charging application or other fees for the purpose of covering costs of administering the
PROGRAM.
K. Amendments This Agreement may be modified or amended only if the
amendment is made in writing and is signed by both parties. Notwithstanding, in the event that (i)
HUD imposes new or modified requirements in the HOME Program through regulation,
administrative notice, publication, or other notice, or (ii) HUD specifically identifies violations of
HOME Program requirements pertaining to this Agreement or the PR GRAM undertaken
hereunder, CONSULTANT agrees to comply with any new or modified requirements to ensure
HOME Standard Agreement
Page 18 of 22 City of National City
this Agreement and the activities hereunder remain in or are brought into compliance with such
requirements. The CITY shall provide prompt notice to the CONSULTANT T of any such
modifications. CONSULTANT further agrees to execute an amendment to modify the terms of
this Agreement in such manner as necessary to formally reflect and implement new HOME
requirements or correct identified deficiencies.
L. Interpretation This Agreement is the sole agreement between the two parties,
and no prior or subsequent discussions, negotiations, or agreements, whether verbally or in writing,
shall be merged with this Agreement. Any question or dispute regarding the interpretation of the
terms of this Agreement shall be decided by the CITY, The CITY' s decision on any dispute under
this Agreement, which shall be furnished in a manner of their choosing, shall be final and binding.
In the event of a conflict between this Agreement, the PROGRAM AM Guidelines, and/or other
regulatory requirements, the regulatory requirements control and the CITY reserves the right to
resolve the conflict and determine the CONSULTANT's compliance with such provisions.
M.Headings & Pronouns The headings in this Agreement are for convenience only
and do not affect the meanings or interpretation of the contents. Where appropriate, all personal
pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall include all
other genders, and singular nouns used herein shall include the plural and vice versa.
N. Severability If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a. court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
HOME Standard Agreement Page 19 of 22 City of National City
ATTACHMENTS TO THE AGREEMENT
Exhibit A: Scope of Work & Timeline
Exhibit B: Budget
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above {rite n.
CITY OF NATIONAL CITY
By:
Brad Ra ty Manager
Date:
2
23
APPROVED AS TO FORM:
By:
MDG . oci a LLC
(Corporation - signatures of two corporate officers required)
(Partnership or Sole propr•' ' o,►s . one signature)
By:
Rudy E. Munoz
(Pr inij
President
(Title)
(Date)
(Name)
Guadalu R. Munoz
(Print)
Manager
(Title)
(Date)
/// 9-1:9019-
HOME Standard Agreement
Page 20 of 22 City of National City
EXHIBIT "A" SCOPE OF SERVICES
Consultant. provided City with an initial timeline for completion of all tasks listed in the Scope of
Services. These timelines identify critical deadlines, and updates shall be provided as requested,
to the Housing Authority Programs Manager to ensure submission to HUD no later than March
31, 2023.
Timeline
City and Consultant convene Initial Project Meeting January 17, 2023
Consultation Survey Draft January 17, 2023
Housing Authority Programs Manager provides consultation partners to be engaged by
Consultant January 24, 2023
Draft Public Notice completed February 10, 2023
Focus Group Meetings February 1 — 15, 2023
Draft HOME -ARP ll e zt n Plan & Staff Report February. 24, 2023
Public Review Period March - 21, 2023
Public Hearing March 21, 2023
Submission to HUD by Housing Authority Programs Manager March 27, 2023
General Scope of Services
Outreach:
Consult with key stakeholders and service providers whose clientele include the HOME -ARP
qualifying populations to identify unmet needs and gaps in housing or service delivery systems.
Provide for and encourage citizen participation in accordance with the HOME -ARP Allocation
Plan Notice.
Development of HOME -ARP Allocation Plan:
Develop recommendations based on the assessment activities and advise staff with respect to:
• Needs Assessment and Gap Analysis;
• HOME -ARP Activities;
• HOME -ARP Production Goals;
• HOME -ARP refinancing guidelines; and.
• Recommend any required updates to the current Consolidated Plan necessary to
accommodate HOME -ARP.
Provide key deliverables:
• PowerPoint deck for focus groups
• Online survey via Microsoft Forms to be sent to City -specified stakeholders
• Draft HOME -ARP Allocation Plan document
• Draft public notice for 15-day public review and comment ment period
• Content for staff report and facilitation materials for public hearing
END OF EXHIBIT "A"
HOME Standard Agreement
Page 21 of 22 City of National nal City
EXHIBIT "B" BUDGET
Summary and Detailed Budget
The not -to -exceed budget to support the City of National City in developing its H IOi E-ARP Allocation
Plan includes 108 total labor hours distributed based on the level of effort expected from each member of
the project team, ourcurrent hourly billing rates, and travel for the Project Manager to attend one (1) City
Council Meeting where the HOME -ARP Allocation Plan would be adopted. Actual level of effort and
utilization of Consultant staff may vary; however, the not -to -exceed budget shall be observed.
Budget - National Ci HOME -ARP Allocation Plan
Project Management / City Council Meeting
Clint Whited
Outreach and Consultation with Required Groups
Bill Kubal
Sara Farrar
Rochelle Bridges
Deliverable: PPTX deck for focus groups
Deliverable: Online survey via Microsoft Forms to be sent to City -specified stakeholders
Hours Rate Cost
8 S 156.00 1,248.00
Hours
Rate Cost
S 1.4.0 1,686.00
129.00 1,5
108.00 1,080.00
Develo irnent of HOME -ARP P Allocation Plan
Flours Rate Cost
Bill Kubal 26S 140.50 3,6 3.00
Sara Farrar 1 5 129.00 2,322.00
Rochelle Bridges 8 S 108.00 864,00
Deliverable: Draft HOME -ARP Allocation Plan (PDF File)
Deliverable: Draft public notice* for 15-day public review andcomment period
* City to arrange and effectuate publication in media of general circulation
Ci ' Council / Public Hearing
Flours
Rate Cost
Clint Whited
Deliverable: Content for staff report
Deliverable: Presentation notes for staff or other facilitation aids as requested
l2
S 156.00 1872.00
Assistance with Submission to HUD
Rate
J
Cost
Bill Kubal
Travel
Clint Whited - One City Council Meeting_ (if required)
Air
Lodging
Per -Diem
Ground Transportation
END OF EXHIBIT "B"
2 140.50
$ 281.00
Cost
l 428.00 428.00
1 S 362.00 62.00
1 S 185.00
1 163.00 a 163.00
185,00
TOTAL:
1502.00
HOME Standard Agreement
Page 21 of 22 City of National City
DATE (MMJDD{YYYY)
11 8103
A R CERTIFICATE
k....----'
OF
LIABILITY
INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY R NEGATIVELY ATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUF ER(S)I AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
The Buckner Company of Colorado
6400S. FIDDLERS GREEN CIRCLE, SUITE 0
Greenwood Village CO80111
License#: 480397
CONTACT
Ise Heupel
PHA I
{ Al , 1o, Ex*1303756341 .
FAX
Mies**
ADORIE : d n er@a buckn r.corn
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Certain Underwriters at Lloyds
INSURED MDGAS O-D1
MDG Associates, LLC
10722 Arrow Route, Suite 822
Rancho Cucamonga CA 91730
.
INSURER B :- -
; INSURER C :
INSURER D
INSURER E
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 130077 615
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUER
WVD
POLICY NUMBER
POLICY EFF
(MNIJDD(Y`fYY)
POLICY EXP
(MM1DD/YYYYI
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
CLAIMS -MADE
,
OCCUR
IVIED EXP (Any one person)
$
_ —
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
GE f
'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - C MP/OP AGO
POLICY
JE CT C-
LOC
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
ANY AUTO
BODILY INJURY (Per accident)
$
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
PROPERTY DAMAGE
(Per accident)
--
HIRED
AUTOS ONLY
NON -OWNED
AUTOS ONLY
$
..._.. ,,
UMBRELLA LIAB
.
OCCUR
EACH OCCURRENCE
AGGREGATE
$
EXCESS LIAB
, '
CLAIMS -MADE
DED
1 RETENTION
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY �`IN
N f►
1 PER
STATUTE
ERH-
E.L. EACH ACCIDENT
$
ANYPROPRIETOR}PARTNER/EXECUTIVE
OFF10ER(MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
A
Professional Liability
TMJP000 5600
7/1/2022
7/1/2023
Aggregate
Per Claim
2,000,000
$2,000,000
DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CERTIFICATE HOLDER
CANCELLATION
City of National City do Risk Manager
1243 National City Boulevard
National City CA 91950-4397
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103)
1 8- 015 ACORD D CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
C RANI
AL 4C-4C).R ivr
414,----- CERTIFICATE
OF
LiABILiTY
INSURANCE
DATE (MMIDDJYYYY)
1131/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), (), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder
If SUBROGATION IS WAIVED, subject
this certificate does not confer rights
is an ADDITIONAL INSURED, the p lic
to the terms and conditions of the policy,
to the certificate holder in lieu of such endorsements).
(ies) must have ADDITIONAL INSURED provisions or be endorsed.
certain policies may require an endorsement. A statement on
___.._....._.....
PRODUCER
Kelley, Ji ins ► Associates
4.55 N. El �olsr o Ave.
Pasadena,91101
.
CONTACT Chip Francis
NAME: -
PHONE
{ABC, No, Ext): -
--
FAX
A/C, Nola
-
L�F�E9s:hi ��ain .rn 1
1� AE-MAIL ck
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER A :Ohio Securit
Insurance Company
24082
INSURED
MDG Associates, LLC
10722 Arrow Route # 822
Rancho Cucamonga, CA 91730..._.._._�.-
INSURER B : American Fire & Casualty Co.
24066
INSURER C : --
.
INSURER D :
-
-
INSURER E : _._
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
TERM OR CONDITION F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSRlillillillilADDL
ILTRTYPE
OF INSURANCE INSD
UBF
WVD
PO
POLICY NUMBER
POLICY EFF
fh flllLDD/ YY1
POLICY EXP
MM/DD(YYYO
A
X
COMMERCIAL GENERAL LIABILITY
X
x
Bt_ 51 057 4
711/ 0
711/ 0 3 1 '
-
EACH O URF EI E
~ ,00O OOO
DAMAGE TO RENTED
FREMISE (Ea arcurrence)
Q T fQ
CLAIMS -MADE
X.
OCCUR
MED EXP (Anyone • erson
F 16,000
PERSONAL &ACV INJURY
000
1 ,,
GENERAL AGGREGATE
2000000
, ,
GE AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP{OP AGO
', 2,000,000
X .. POLICY
PEf
LO C
.. ...._
I OTHER:
AU
OMOBIL.E LIABILITY
X
x
BAa 1 0 7 4
7111 0
711/2023
COMUINED SINGLE LIMIT
(Ea accident)
1,0,00
$
BODILY INJURY (Per person)
X
-
ANY AUTO
BODILY INJURY (Per accident)
-
OWNED
AUTOS ONLY
i
SCHEDULED
AUTOS
PROPERTY DAMAGE
Per ecaldent
$
_
XDIKED
AUT S ONLY
X
NON -OWNED
AUTOS ONLY
B
X
UMBRELLA LIAB
X
OCCUR
E A61 057 4
11 51 0
7/112023
EACH OCCURRENCE
$ ,000,000
AGGREGATE
2,000,000
EXCESS LIAB
. CLAIMS -MADE
.
DED
p
RETENTION
A
AND EMPLOYER' LIABILITY
Y N
N J 4
i
r
7/112022
_
7 1112023
MUTE OTH-
E.L. EACH ACCIDENT
� 000
......_..__._.._._�„_.
ANY PROPRIETOR/PARTNER/EXECUTIVE
gi7;1[12imiiirviiFIEHII
EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
1,000, 00
If yes, describe
DESCRIPTION
under
OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
0001000
$ '
DESCRIPTION OF OPERATIONS / LOCATIONS ( VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space
Certificate Holder is named as an Additional Insured in respects to General Liability per company blanket
Complete Additional insured by written contract: The City and its officers, agents, employees and volunteers
Is required
form C 810 0413 and auto form AC 8543 0821
CERTIFICATE HOLDER
City of National City
c/o Risk Management
1243 National City Blvd.
National City, CA 91950
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
10 1 88- 015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
two Asoattral LLC POLICY kitOz BLS61O4
■
Policy Period 7-1-22 to L -
*icLAL O?NkRALF
TAILItt
it EN otteammr CAGES THE MUM% MAKCAREPULLYa
COMMERCIAL GENERAL LIABILITY EXTENSION
This wMorsatneM motllrtw bourn/too pmNded under the following:
COMMERCIAL GENERAL LIMMUTY COVERAGE PART
LOU,
Mat
NONNOWNED AIRCRAFT 2
NONOWNED WATERCRAFT
PROPERTY DAMN MAMMY 111 = TOPS
MOM DAMAGETO PROPMW READ TO YOU (Tames Property Damao)
MEDICAL PYENTS EGENBIoN 3
EXTENSKIN OF if UPPNWARY PYMEJIT- COIIRAOge A AND
ADornMAL INSURED DY CONTRAC , AGREEMENT CR PERMIT
PRICY AND 140N4ONTRIBUTORYI. ADDirioNAL INSURED EXTENSION
ADOMONAL IRSURAD411 mEXTEN1240 PROTECTION OFYOUR I" O OF INSURANCE*
WHO a AN INSURED *INCIDENTAL MEDICAL IHRORMIIIALPRACMCE AND WHO IS AN
INSURED • FELL EMPLOYEE EXTENSION • MANAGEMENT EMPLOYER
tip? FORMED OR ADOMONAILY AIRED E
FAILURE TO 0180LOSE HAZARDS AND PRIOR OCCURREN
KNOVIMEDOZ OF OCCURROICE,.DF CLAIM OR Mgr
LIBIEpRAUZATIOg WANE
BODILY INJURY DEFINED
IIEICTEN DED PROPERTY DAMAGE
WAR. OF TRANSFER OF RIGS OF !MOWRY AGAINST MOO TO
WHEN REQUIRED IN A CONTRACT OR REMvim' YOU
201 Inftrams
CO is le MI 13 includes , rnatiM or Its am*, with its ponrdniont Pam. Iof
WJth respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement
El .
NONNOWNED AIRCRAFT
Under Paragrep1 Exclusions f Section I im Coverage A Bodily Injury And Proms Demme Liability,
extrusion gi* Munk .Auto Or Watercraft does not en alma& per:
t lit is not wed byany insured;
2 It is Med, chartered or boned wfth a trained paid
.pllot in command horde a currently effective duly constituted authority of
the United States of America or Via, designer her or him a oarnmerclat or a ne Mot; end
4. It Is not being wry' Persons or proPertY far a ellergeo
Ham, the Insurance afibnied by this pylon does not apply inhere Is evalable to the Insured other
vaild and collectible Insurance, viliefiw primary, excess (other than Insurance written to eppiyspecifics/1y
in excess of Ns pa", contingent or on any other basis, that vbiouki also apply to the Was covered under
this provIston*
NON4WNED WATERCRAFT
Under graph Z Exclusions Section Iwo gage A " Bodes Injury And Property Damage :liab11,
Subparagraph (2) ofexclusion gs Aircraft, Auto Or Watercraft Is reply by the Mowing:
This eXCIUBIINI does not apply to:
(2) A waterworn you do not own that 'kg
(a) Less then 62 feet fig; end
Not Ong used to carry persons properly charge*
Cs PROPERTY DAMAGE III.w ELEVATORS
Under Polygraph 2* Exclusions of Sin I • Coverage A • BodilyInjury And Proper ilumageityi �1I
Seraphs (3) 4) exclusion Ji Damage � donot apply
da�u utts from the LIMO of elevators* For the purpose of this provision, ors do not dude
vehicle firts• Vie lifts are Itfts or hoists used In eutornobtle service repair opens,
0 The following added to ItectIon IV • Commercial Ginstil LlibiNty Conditional Conditton Other
Insurenoi, Paragraph be EMhi-swarm: .
The Insurance . afforded by this provSsion of the endorsement is excess over any propetty Insuranceit
whether aryl ems, agent or on any other bail
M ENDED DAIMAOE TO PROPERPROPERre RENTED TO YOU (Tenant's Property Dame)
If Damage To Premtees Rented To You is not ottienvise ire(cludad from this Coverage Part
Under Paragraph 21 Exclusions f Section I • Coverage • Bodily fury and property Damage
si The *WM from the lad paragraph of exclusion Damage To Proms Is repiaoad by the folloviii
Paragraphs 1 (3) sod (4) exclusion do apply to "property dam" (other than damage
by Oro, U 11nhg, xplosto 1 fie. or leakage from fire protection Vim) to:
Premrsse milted to you for a pad of or fewer dam; or •
po Contents that you rent of lease .es part of a premised rend or lease agreementfor a period of
more than 7 dam
Paragraphs (1), (3) end (4) of this exclusion do not apply to doge to contents of
proms rented to you for peed of 7 or fewer consecutive dam
A separate limit of Insurance apples to this coverage as described in Section III • Limits of
I urerc
13ertyMutual' Mamma
CO Ill 10 04 13 Includge woeighted matailei 01 itsuivrIce Eservlosi Micas Imo with Its polio:amPaps 2 of II
tom The last paragraph of subsection , Exclusions replaced .by the Imo +
Exduelons c, through. . do not apply to damage by Ire, •Iltilitning, explosion, smoke or leakage
from automatic fire protection ors to while rented to you or temporarilyoc OKI by
you permission of the per. A sepal Omit of Insurance applies to mage To PnernIsea
Rem To You es describedn Simon 111 • Limes Of Instut:0N
Z Paragraph IL under Section ICI I*Limb' Imsurence Is rem by The
em Subject to regimph Ethovel the Dame To Fromm Rented To You Limit le the most we wilt
pay oder Coved A for dames mouse or 'ptoperty dame"
wAnyme premise:
Mile rented to you; or
(21 While rented to you or temporarily occupied by you with permission of the owner for
damage . by flps,hix fin, ale or leakage from automatic won sof
terns; or
It Content' that you rent or leasa as part of a prey rental. or lease agreement
3. As regards age ceded • by this provision Dr EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU Mime. ProPortY Dom) a !Paragraph Definitions d with thefollowing:
Oa. A conked for A lease of promlsos. Howeverthat portion of the contract for a ore of wise*
that Indemnifies any person or aeon for damage by firstIll I , expiosiont smoke, or
leakage from automatIc fire protection sus to wises while rented to you or *
occupied by you with the perrntselon of the ter, or for damage to contents of such promises
that are included In your promisee rental or lease egreement.4 is not an Insured contract',
Es MEDICAL YMENTEXTENSION
If Coyne Medical Payment* le not otinowise . excluded, the kcal Pars ode by this policy
am emended
Under Groh t firing Agreement of Section II• Coverage C • Medlcal Payments, Subparatiraph
04 of PgrearaPh ow Is rePleoed by the following:
0) The expenses am humped and reported vdthin three years of the date of the soDIdent; and
F. EXrENsioN OF SUPPLEMENTARY PAYMENTS • COVERAGES A AND 8
e Under Supplementary ayer PM COverages A and, Paragraph tbs is replaced by the blowing:
b p to $3OOO fOr coat of ball bonds nmuirod because of accidents or tilde law violations arising
out of the use of ony vehicle to whichthe aocilly Injury LlabIlity Coverage appllesi We do not have
to furnish these mod&
Paragraph 1 w Is replaced by fro tbfrovitno:
Ali roawneble tense Incurred by the Insured our request to assist us l' Invesitation or
defense or the dim or *suits, Including actual lose of earnings up to $500 a day because of lira
off fnom wait
ADr NAL INSUREDS • BY CONTRACTp AGREEMENT OR PERMIT
lop Paragraph 1under Section t 041011be Is An insured Is amended to Include es an Insured any parson or
organization whoa you have agreed to add as an additional Rimed Ina mitten contract, writto
agreement or permIt., Sucii person or ..on is an additional Insure but. only ikvith rasped
liability tor ' fly 1r j *, tproperty dam° or °personal told adverting Injure* caused In whole.
or
t Your acts or ornIsslortel or the sots or ornIssions of those acting on your behetf, In the polonnance
of your on going operations for the additional Insures that are the sum of tho wetter' contract or
written Kireernent primed that the `body°body Injuryn or *prtiperty damage* =um or the
tee! and advertising WIWI le commit, subsequent to the signing of such 'written contract or
written rment; or
CO SO 10 04l
• 2013 Limey muktel hranoit
Indules oopytIghtect =We of Dance Sonelo ,wfifi NI permission. Page 3 of
b. Ptinls!)e or facilities rid by you or used by you; or
%I The rrtaltttsnenaa, operation or use by you of equipment rented or leased to you by such person or
nrganln► Or
tit Operations performed by you or o1 your behalf for which the state or political subdivision has
Iesued a permit subject to the folbwirtq addllipral proviebrst
(1) This insurance toes not apply to 'bodily Injury"', wproperty dames", or "personal and ado
vertisirfg arising out of the operations performed for the state or political subdhrisirn;
(2) This Insurance dam net apply to "bodily irlf urY" or "pnwerkY damage" Included within the
'completed operations Nest%
(3) Insurance applies to pies you ow, rent, or control but only with respect to the following
hos nit'
(a) The mistonce, mainbonance, fir, constuctiont Win, or reel of advertising
sign% awnInaew canordeei cellar entrance% coal holes. drivewayso manholes. marquees
met away operdmetwalk vauftel street banes or deeoratione and *ger expo -
sores; or
(b) constructioni ems, or gal of etf
( The ownership. rnelritenanoa, or use of any eleyetors covenx1 by this Insurance,
However:
The Insurance Ord addllionei fired only applies rinfltad by rw and
I if coverage ceded ddltion' fired la required greer the insure
onsuch additional
Ind will not be broader than Met which you are required by
the contract or egmement to provide tbr such adds Insured.
With respect to Pareareph tat ate, a. person's or organizeflon's status as an eddtticoal tnsured
under this aniricreement ends who;
1 I VvOrt including materials, parts or equipment furnished in connection vvith SUM WOrk. on
the pwject (other than service, maIntenance or repairs) to be performed by or on behalf of the
c'itioI Inuredthe won of the covered opus hes been completed; or
That portion or 'your work* out of which the Injury or damage aria has been pul to Hs
• Winded use by any person or organization other than another contractor or eubcontrector
imaged in performingoperations for a impel ei e part ' the same plea,
Iffith respect to Paragraph t w *eve, a per'. or organ on's status as en additional Ind
under thile reldoreernentnde when their written or written agreement With you for such
promisee of -facilities endLi
With respects Paragraph to. above, this insurance does not epply to any "occurrence° which takes
place after the equipment rend or lease agreement has expired you have returned such equipment
to the lessor.
The Ineurance provided. by this endorsement applies orgy if the written fact or within agreed
Is sign prior to the "body Inure dernegei,
We have no duty ti defend an additional Insured under this endorsement until we receive vvrttten
notice of e wsur by the additional Insured as requinel In graph h1of Cond#cn 2. Duties in the
Event Or Deorn1 lei Claim Or Snit under Sew N Comrl Genes UnbilltiSusi
�It
2013 merry Mil In r n
S 10 04 1I ncludes copyrighted irriatuisl of Min Bandon moos Inrwiet its porthisplioni Pap
LWigfeePeCt to the Insurance proceed by this endorsement, the rawing are added to graph
Exclusions under asoffon Cover • wily Injury ArKI Properly Damage Liability:
Ills Insurance dose not apply to:
"Body fur or "property doge° erielng from the sole neglloence of the additional Ins,
bot 'Body jury"' or "property damage* that NMI prior to you commixing operas at the
location where such wily dam' occuni#
c. *Bodily Wu '", "property damage or "fin and adout of the rander
Indot or the failure to render, any professional archftecturali enatneeting . or sung services,
Including:
ing:
(t) The preprint?, aping, or films to ire or approve, ma , shop drawings, aphorist
reports, sum, field orders, merge orders r drawings andspecifications; or
(2) Supervisory, Inspection, eschitectural or engineeringactlyttiee„
This exclusion apples even 1r the Claim agate any Insured atlegfe negligence r othor wrongdoing In
the eupervIsio, hiring, employment in or monftoring of others by that Insured, If the "o rr'
mice' which caused the "fir Ind or °property damage, or the offense which caul the
'personal and [WW1, Involved the rendering , or the lure to render, any professional
architeclairel, engineering or surfing services.
d. "wily kW or "property demo° occurring rioter
(1) Al work InolUding GIs% park or equips furl In connection with. e on
the project (other than service, maintenance or ors) to be performed by or on bolo or the
additional I u r d at the location of the =ram operations has been completed;
(2) That portion of !your work' out of which the fury or damage arises has been put to Ita
Intended use by piny person or organization other than another contractor or subcontractor
engaged In perroning opersrtions for a principal as a part of the same proms,
a., My person organization specifically designated as an additional Ind for ongoing operate
.by a sew. ADDITIONAL INSURED &OWER% LESSEES OR CONTRACTORS endorsement
sued by ue end made a fit of t poPcy.
31. With respect lo the insurance &forded to wee additional In fey Nita followingle added Semen III
• Unlit& Of Insurance;
If coverage provided to the additional insured Is required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of Insurance:
Required by the contract or agreerrpant; or
bi Available under the applicable Limits of insuranoe shown in the Declarations;
whichever Is lmo.
Thls endorsement shall not Increase the applicable Limtts of Insurance shown in the DecteraL
PRIMARY AND NON-CONTRIBUTORY DITIONAl. INSURED EXTENSION
This pin applies to any person or organization who qualifies as an additional Lured odor any form
or endowment under the policy,
Condition Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY COND ONS In amenck
ed a fold:
The following is added to Paraoraph e. Primary Insurance:
If an additional burr'% policy has an Other Insurance provision =WI its policy excess. and you
have agreed In a written contract or wiltan agreement lc provide the scidilional Insured ecivensge on
primary and noncontributory his this pricy shall be pritnery end we will not seek contribudon from
the eddy ird"s policy for dames we cover.
2013Libetity Mani inSUIRACI
CoBS 10 Ott 13 ITs copyrighted rem or ineurence Services mica, inc., with Its perrnisigart., Page 1 o
b. The following Is wed to Paragraph Excass I aura ast
When a written contract or written agreement, other than a premises teasel fealties rental conlrect or
recent an equipment rental or lease contract or agreement, or pent hued by a Wats or polffleal
subdivision between you and an additional brad dose net require this Ingmar= to ba fiery or
PrtrnalrY and non-contlibutoryi this insurance Is mass aver any other 'romance for why the as
tionai insure .is destnated as o Named Insured.
Riegardfess of the mites aonlement between you and an additional Iniured, this Instance .Ls emcees
over any other Insures whether primary, excesso ozintingent or on any other baste for vithl e
additional lug hes been mad MB an additionalbred on other per,
ADm NAL INSURE Is EXTENDED PROTECTION OF YOUR suns OP INSURANCE'
t provision eppnes to any person entzatiun who quaIlfres as an eddllional hared under any f01111
or endorsement under this policy.
i. The foillowbg is added to d . Duties In The ant 01 Occurrence; Masa, Claim or literit
An additional lured under thle endorsement will ea soot ea practicable:
40 Give l notice of an °occurrence" or an offense that may rew mil* under
Ns Insurance ;
fir. Tender the defines and Indemnity of any crs or "sur to all Insurers morn also have
Insurance available to the additional Insured; end
+ Aree to make available any other Insurance which tom. additional fired has for a roes We
cover under this Coverage Part"
dP We have no d to defend or Indemnify en additional irk under this endorsement until
we rem vatten notice or emir by the additional Ind.
L The limes or Insurance applicable to the additional klautted ars MOHO specified in a written contract
r an .reement or the limns ofinn In ihe Declarations of this policy and
dared In Semen lii limes of Insuranas of this policyl wlichve are less. These limits are
inclusive of and not in acknon to the. lints of Insurance avabfe under this policy.
IL WHO IS AK INSURED INCIDENTAL MIECIMAL ERRORS1411PMCTi
WHO IS AN INSURED in FELLOW EMPLOYEE errenioN MANAGEMENT EMPLOYEES
Paragraph 441 Semen II Ni Who la An Insured Is repiaced with the following:
"Bodly Injur? or "personal and advertisI.ng klr 't
(I) To you, to your pertnete or gibers (if you am a parblerattip or joint vet), to your members Of
ftiu are a limited liability (*Many), a WamployeeN *Me fri the COUTBEI of his or her employ-
ment or performi duties' Mated to the conduct of your bIneesv or to your. other wvolufir*
ors" while ping duties related to conduct your busily%
To the per" mod" parent brother or sister of cue " or 'Volunteer workerm as
consequence of aragraph (1) (a) ate;
a For which them kt any obligation share damages With or repay one else who must pay
damages because of the injury deserted in Paragraphs I) (a) or" (b) above; or
(d) Arising out of his or her providing felling to provide pr i me with care servicee. However,.
if you are not In the bushesa of providing probenlonal health oars Vices or providingprolix*
atonal heaftha personnel to other% or ir coverage for providing professional health cane eery
vices la not otherwise excluded by sepal endorsement tads provision regrep cI}) does not
fly,
Paragraph' ( and (b) above do not opply Injury' or final and advertising Injury caused by
an "employee" who in Wing In a supetvlaory capacity for your Supervisory capacity as used herein mans
the °e per'" " Job resporielblittles assigned by you, Includes the direr supeMslon of der 'employ-
ees" of you. However, none o "ample" are Insureds for "wily Injure ot *pawed end
2013Liberty Mutual Insunrce
GO ea 10 04 13 includes oopyrlghtrad materialmatertal of Instance Services Offick I "with Its permission. Pm/a 0 of 8
advattiskiilwising WA of their MOM conduct. which Is fined as the puipossful or willful. Intent to
CaUSIO IlbodV Injury or *personal odvertlerng injurriused in ale. or tn part by their Ind
tion by liquor or controlled substance°.
The podded by men 1 is excess over any other valid arKi collectable 1.nwarance Table to
your "'mph.%
NAY FORMED OR ADDMOIMALLY ACQUIRED ENTMES
Paragraph & of Section • Who la An insured le replaced by the foUowinO:
My organkaiIon you nasty acquire or form• and over which yoU maim ownership ram
interest will. qualify a Nerved insured other filar. Insurance available to that
organbsti.However:
p Covenige under this provision is wed oftly until the irat n of the policy period In
which. the entity was acquIred or formed by you
does not apply "'bodily I vry* or roperbi die° that occurred before you
acquired or formed the organization; . and
h Coverage B does not apply to °personal and adverttsing tnjury° arising out of an offense
committed baking acquired or boned the organization!
Rye and descrfptions of operations must maintained by the Named ice!
No peen or organization is an Insured with respect the conduct of any current or past partnerships
venture or limited liability company that not shown Ete a Named Insured In the Decimations or qualifies
as n Insured under this. won.
L FAILURE TO DISCLOSEAND PRIOR OCCURRENCES
Under Section IV • Commercial fkinend Liability Conditional the following Is addedCondition •
sago:
Your failure to Octeav all hazards or prior "occurrences" existing as of the Inceptor) data of the policy
shell not pra]l1dN:e the coverage afforded by thle poky provided such failure to disclose e111ezmds or
prior *occurrences' is not Intentional.
I KNOWLEDGE OF OCCURRENCE, OFFENSE CLAIM OR SUIT
Under SectionIV - Commercial Geri t conditions, the kilovting Is added to Edon Duties
In The Event of Occurrences Offense, Claim Or Suer*
Knowledge an "emu ram.. use, claim or "suit by an Event servant or *employee yee f any
Insured shell not In hail constitute knowiedge of the insured unless en Insured Med der Panigraph
i. of i. Who is An insured or a person has been designated by them tO recelv6 reports of
""occurnOes1', ins aclaims or °sum shall have recerved such notice from the agent. servant
5
Ram i•
N. LIBERALIZATION US
if we rovise Mkt Cornmercial General Liability Odenslon Endorsement to pie mom coverage without
addttional premium fie, your poliq will automatically pnavide the coverece as of the day the rvvision Is
elfttive In yourstate.
R BODILY INJURY REDMNED
UnderSectionlDefinitioneo Definilion 3. Is replaced by the :
: *Bodily injurie means physical Injury. sickness or +fly shined by a men Ibis des
mental anguish, dal injuryh shy, triaht or death that reeds hum such physical Injury, sick'
new or Atom
13
0 2013 liberty Meal Inettran
Prim copyrktriod wistaria, of rnsurence Services Office/ it aliffei per. Page
P. EICTIENDED PROPERTY DAMAGE
Exclusion aR of coveRAGE Ax BODILY INJURY AND PROPERTY DAMAGE mem, is replaoed by the
followIng:
as Expected Or nolfury
"Bodily Injury" or °erty damage!' Impeded or Intended from the standpoint of the mud.
Thie exclueron does not apply to wily Injirf or Vropetty ' reeuittng from the use of
reasonable protect persona or property*
Q. WAS OF IRANSPER OF RIGHT$3 OF RECOVERY AGAINST WHOM TO - WHEN REQUIRED IN
CONTRACT' OR ACIREE.ENIENT MTH YOU
Under 0o:don IV el COMMAITC11I GO1111111 LlebIlltbfConk the Miming le added to won L Tromp
r Of Rights Of Recovery Against Others To Uri::
We waive any right of wry we mey have again a person or organization mouse or payments we
make lor Injury or damage Ong out of your ongoing operations or done under a
contract with that person or orgenizadon and Included In the mproductencompleted operations Nitr
provided:
4 You and that person r organization ave wed in witing In a contract reement that you
vadve such rights against that person or organization; and
2. The IrOury or damage occurs subsequent to the execution of the written contract or written agree.
ment,
201311berty Muhl Ir m
COSS 0 04 13 Includes oopyrIghted rnaterleJ of i srrancerente* OMce, Irian; with its pormlogiont Page
� f E
0
z
WORKERS COMPENSATION l AND EMPLOYERS ERS LIABILITY INSURANCE POLICY
WC 99 06 79
Ed. 01-13)
WAIVER OF OUR RIGHT HT TO RECOVER FROM OTHERS ENDORSEMENT
- CALIFORNIA
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. (This agreement applies
only to the extent that you perform work undera written contract that requires you to obtain this agreement
from us.)
EEEEFEEE
You must maintain payroll records accurately segregating the remuneration of your employees while en-
gaged in the work described in the Schedule.
The additional premium for this endorsement is 250
emmONI
ti I
INIMPOPPOINIP
Schedule
Person or Organization
Any Individual or Organization that requires the
named insured to waive their right of subrogation
by contract.
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 preparation of
the policy.)
Endorsement Effective
Policy Effective 07/0112022
State
Policy No. XWS 3 61
Insured MDG ASSOCIATES, LLC.
Endorsement No. 01
Premium
Insurance Company Ohio Security Insurance Company 19291
Countersigned by
WC 99 06 79
(Ed. 01-13)
2013 Liberty Mutual Insurance
Includes copyrighted material of WCIRBwith its permission.
fli G Associates, LLC Policy # BAS61205724Policy Period 7-1-22 to -1-
COMMERCIAL AUTO
AC 1
THIS ENDORSEMENT CHANGES THE POLICY., PLEASE READ IT l EFULL` •
CALIFORNIA BUSiNESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
if the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement
Endorsement with a specific state named In 'the title, this endorsement does not apply to vehicles garaged in
that specified state.
COVERAGE INDEX
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, ACT, AGREEMENT OR PERMIT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14
BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2
EXTRA EXPENSE - BROADENED COVERAGE I
GLASS REPAIR - WAIVER E OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE 1AGE In l d.ir Employee Hired d Auto)
LOAN / LEASE GAP (Coverage Not Available In New York) 15
NEWLY FORMED OR ACQUIRED SUBSIDIARIES .I
PARKED K AUTO COLLISION COVERAGE (WAIVER 6F DEDUCTIBLE) 17
PERSONAL EFFECTS COVERAGE I1
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
PHYSICAL DAMAGE AG DEDUCTIBLE VEHICLE TRACKING SYSTEM 13
PRIMARY Y AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWING ING AND LABOR
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO S 21
SECTION II -LIABILITY COVERAGE is amended as follows:
IL NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph Aid Who Is An Insured is amended to Include the
following as n "insured":
4 Any legally incorporated subsidiary of which you own more than 50 percent interest during the
policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1 Is partnership or joint venture; or
Is an "insured.' under any other automobile policy except a policy written specificall y to apply
In excess of this policy; or
Has exhausted Its Limit of Insurance or had its policy terminated under any other automobile
policy.
AC 1
2021 Libel Mutual Insurance
Includes copyrighted material of Insurance er l c, Inc.). with its permission. Page 1 of
ammmormilmill
1111111
Coverage under this provision d. does not apply to "bodily injury' or "property damage" that
occurred before you acquired or formed the organization.
EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the
following as an "insured':
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for
acts within the scope of their employment by you. Insurance provided by this endorsement is
excess over any other insurance available to any "employee".
f. Any "employee" of yours while operating an °auto►" hired or borrowed under a written contract or.
agreement in that "employee's" name, with your permission, while performing duties related to
the conduct of your business and within the scope of their employment. Insurance provided by this
endorsement is excess over any other insurance available to the "employee",
. ADDITIONAL INSURED BY CONTRACT, T, AGREEMENT OR PERMI
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the
following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto",
provided that you and such person or organization have agreed in a written contract, written
agreement, or permit issued to you by governmental or public authority, to add such person, or
org rgi tion, or goveinmentai or public authority to this policy as anInsured".
However, such person or organization is an "Insured":
(I) Only with respect to the operation, maintenance or use of a covered "auto",
(2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after
you executed the written contract or written agreement, or the permit has been issued to you;
and
(3) Only for the duration of that contract, agreement or permit,
The "insured" is required to submit a claim to any other insurer to which coverage could apply for
defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory
wording per enhancement number 23, this policy is excess over any other collectible insurance.
SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , Paragraphs
(2) and (4) are replaced by the following:
(2) Up to $3.000 for cost of bail bonds (including bonds for related traffic violations ) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, Including actual loss of earnings
up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following provi-
sion is added:
SECTION II - LIABILITY, Exclusion B... Fellow Employee does not apply if the "bodily injury" results
from the use of a covered "auto" you own or hire if you have workers compensation insurance in force
for all of your "employees" at the time of loss".
This coverage is excess over any other collectible insurance.
SECTION I11 - 'PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and ifComprehensive, Specified Causes of
Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you
awn, then the Physical Damage coverages provided are extended to "'autos":
AC 85 43 08 21
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a. You hire, rent or borrow; or
. Your "employee" hires or rents under a written contract or agreement In that "employee'" name,
but only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the followIng Omit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss' is the smallest of:
(1) ; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible,
b The deductible will be equal to the largestdeductible applicable to any owned "auto" for that
coverage.
c. Subject to the limit" deductible and excess provisions described in this provision, we will provide
coverage equal to the broadest coverage applicable to any covered "auto" you own.
i Subject to a maximum u of $1,000 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual
financial for
e. This coverage extension . does not apply to:
(1) Any "auto" that Is hired" rented or borrowed with a driver;. or
Any "auto" that is hired, rented or borrowed from your "employee" or any member of your
"employee's" household&
Coverage provided under This extension is excess over any other collectible insurance available at the
time of "loss".
7. TOWING ►N LABOR
SECTION HI - PHYSICAL DAMAGE COVERAGE* Paragraph A.2. Towing , Is m nd d by the addition of
the following:
We will pay towing. and labor costs incurred, up to the limits shown below, each time a covered 'auto"
classified and rated as a private passenger type, ''light truck' or "medium truck" is disabled:
av For private passenger type vehicles, we will pay up to $75 per disablement.
b1 For Flight trucks", we will pay p to 7 per disablement. "Light trucks" are trucks that have a gross
vehicle weight VWof 10,000 pounds or less.
o. For l'medium mocks', we will pay up to $150 per disablement, "Medium trunks" ere trucks that
have a gross vehicle weight GVW of 10,001 - 20,000 pounds,
However, the labor must be performed at the place or disablement.
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III N. PHYSICAL DAMAGE
COVERAGE, is amended to provide limit of per day and a maximum limit of $1,500.
.. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, Ai Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of
an 'auto" because of "accident, or "loss", to an "auto" for which we also pay a loss" under
Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those
ex-
penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto,"
h. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases
may be substantially less than per day, and will only be allowed for the period of time it should
take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of
30 days,.
We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered "auto", This limit is excess over any other
collectible insurance.
AC 85 43 08 21
2021 Liberty Mutual Insurance
Includes copyrighted material of insurance Services Office, Inc., with its permisnion. Page 3 of 7
d. This coverage does not apply unless you have a business necessity that other "autos" available for
your use and operation cannot fill.
If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already
provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over arty other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by
this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 11.D.
10. EXTRA A EXPENSE • BROADENED COVERAGE
Under SECTION ill - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of
returning a stolen covered auto to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an '"auto" you own and that
"auto'" is stolen, b rvnfl pays, without applic -t tin of a deductible, up to $600 fog "personal emits"
stolen with the 'auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried
41
by an '"insured." Personal effects" does not include tools, equipment, Jewelry, money or securi-
ties.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION IIi - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss"
relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or
warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
SECTION III PHYSICAL DAMAGE COV5RAGE, D. Deductible , is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle Is equipped with a vehicle tracking device such as a radio tracking device
Q or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu-
x lions 4,c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de-
signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a
housing unit that is permanently installed in the covered "auto"; and
(2) Designed to be solely operated by use from the power from the "auto's" electrical system; and
(3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen proper'
will be reduced by a $100 deductible.
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1 . LOAN LEASE GAP COVERAGE (Not Applicable In New York)
A. Paragraph C. Limit Of Insurance f SECTION III - PHYSICAL DAMAGE COVERAGE is amended by
adding the following:
The most we will pay for a "total loss" to a covered "autos" owned by or leased to you in any one
"accident" is the greater of the:
I. Balance due under the terms of the loan or lease to which the damaged covered "auto' I
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penities associated with those payments as of the date
of the 'loss";
b. Financial penalties Imposed under a lease due to high mileage, excessive use or abnormal
wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur-
ance purchased with the loan or lease;
4. Transfer or rollover balances from previous loans or leases;
e. Final payment due under a °Balloon Loan";
f. The dollar amount f any unrepaired damage which occurred prior to the "total loss" of a
covered "auto";
g. Security depoaite not refunded by a lessor;
h. All refunds payable or paid to you as result of the early termination of a lease agreement
or as a result of the early termination f any warranty or extended service agreement on a
covered "auto";
i. Any amount representing taxes;
J. Loan or lease termination fees, or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depredation and physical condition will be made in determining the actual
cash value at the time of the loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "autos" that incurred the
"loss" serves as collateral, or lease written on the covered "auto" that Incurred the "loss",
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the
term of the loan, thereby requiring large final payment.
16. GLASS REPAIR v. WAIVER OF DEDUCTIBLE
Paragraph 11, Deductible of SECTION III rt PHYSICAL DAMAGE COVERAGE Is arendd by the addition
' of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible ofSECTION.III - PHYSICAL DAMAGE COVERAGE Is amended by the addition
of the following:
The deductible doesnot apply to "Ross" caused by collision to such covered "auto" of the private
passenger type or light weight truck with a gross vehicle weight of 10.000 lbs. or less as defined by the
manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a* In the charge of an insured";
b1 Legally parked; and
f Unoccupied.
C 85 43 08 21
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SISMINSM
1
MMEMI
amossmisim
ANNEememim
MEM
in
f
The "loss" must be reported to the i authorities within 24 hours of known damage,
The total amount of the damage to the covered "auto" must exceed the deductible shown 'In the
Declarations.
This provision does not apply to any ",loss" if the covered '#autos# Is in the charge of any person or
organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III • PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same "accident"; the following applies to Paragraph Di Deductible
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived;
or
M if the applicable Business Auto deductible is not the smaller (or smallest) deductible , It will be
reduced by the amount of the smaller (or smallest) deductible; or
. If the "loss" Involves two or more Business Auto coverage forms or . policies, the smaller (or
smallest) deductible wIll be r i ed.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual
Group.
SECTION t - BUSINESS AUTO CONDITIONS Is amended es follows:
'ID. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION I • BUSINESS AUTO CONDMONS x Paragraph B.2. is amended by adding the following:
It you unintentionally fall to disclose any hazards, exposures or material facts existing as of the incep-
tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will
not be prejudiced, .
However, you must report the undsclosed hazard of exposure as soon as practicable aft r its discovery,
and we have the right to collect additional .premium for any .such hazard or exposure.
20q AMENDEDDUTIES IN THE EVENT OF ACCIDENT! CLAIM, SUIT OR LOSS
SECTION IV • BUSINESS. AUTO CONDITIONS , Paragraph . . *a. is replaced in its entirety by the follow--
•
in.
ai In the event of "accident", claim, "suit" or 'Aces", you must promptly notify us when it Is known to:
t You, if you are an individual;
(2) p rtn rr if you are a partnership;
Member, if you ara a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if
you are a corporatfon.
To the extent possible, notice to us should include:
a How, when and where the "accident" or "loss" took place;
b The "in ur ' " name and address; and
The names and addresses of any Injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO
SECTION IV BUSINESS AUTOCONDITIONS , Paragraph .. Transfer Of Rights Of Recovery Against
OthersTo Us, is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an "accident" r
loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITION , Paragraph . ". Policy Period, Coverage Territory , is
amended by the addition of the following:
. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the
"in ur d' " responsibility to pay for damages is t r. in d in a "suit''', on the merits, in the United
States, the territories and possessions f the United Stales of America, Puerto Rico or Canada or in
a settlement we agree to.
2021 Liberty Mutual insurance
AC 85 43 08 21 Includes copyrighted material of Insurance Services Once, Inc., with its permissiom
Page 6 of
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a
driver,
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED D BY WI ITT N CONTRACT OR wRITTEN AGREE-
MENT
The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, E.S1 Other
Insurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution
from any other insurance available to an "insured" under your policy provided that:
I. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary
and would not seek contribution from any other insurance available to such "insured".
SECTION V DEFINITIONS is amended as follows:
24, BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death resulting from any of these at any time.
AC 85 43 0821
2021 Liberty Mutual Insurance
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