Agenda packet — Santa Ana City Council, November 21, 2023 (part 6 of 11)

AGENCY NAMEDINSURED
Sedaru, Inc.

NFP Property & Casualty Services, Inc. ID Modeling
168 E. Arrow Hwy Suite 101
A 91i73 POLICY NUMM '-
EE PAGE 1 Los Angeles

CARRIER NAIL CODE
EE PAGE II ISEE P 1 EFFECTIVE DATE: 5EE EAGE 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilltv Insurance NFP Warding
Professional Liability : Retroactive date for $1, 000, 000 Aggregate and per claim limit is 3- 30. 04. Retroactive date for $2,000, 000 Aggregate limit is 2. 15. 17. Retroactive Date for $2, 000, 000 per claim limit is 3- 16. 96. Deductible $ 25, 000 per claim. Claims Made policy form.

The attached certificate of Insurance is provided as part of our service to our client the insured. If special endorsements have been provided they are indicated and attached to the certificate. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate holder and the Insured due to the Insurance Company' s insuring conditions, limitations, exclusions and other Terms. If you have any questions please contact the undersigned.

NFP Property & Casualty Services Inc.

CA License OF15715
1551 N Tustin Ave, Suite 500
Santa Ana CA 92705
Telephone: 714.617. 2326
REVIEWED BY:
112/ Grw

PAGE GP
ACORD 101 ( 2008/ 61) © 2008 ACORD CORPORATION. All rights reserved.

The .ACORD .name _and .logo . areregistered marks ofACORD_ City Council 20 – 18 11/21/2023
PoIcy#72UECPX8358
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This policy is subject to the following additional
Conditions:

A. If this policy is cancelled by the Company, other
then for nonpayment of premium, notice of such
cancellation will be provided at least thirty ( 30)
days in advance of the cancellation effective date
to the certificate holder(s) with mailing addresses
on file with the agent of record or the Company.

B. If this policy is cancelled by the Company for
nonpayment of premium, or by the insured, notice
of such cancellation will be provided within ( 10)
days of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.

If notice Is mailed, proof of mailing to the last known mailing address of the certificate holder($) on file with the agent of record or the Company will be sufficient
proof of notice.

Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued a certificate of Insurance applicable to this
policy's term.

Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice shall Impose no liability of any kind upon the Company or its agents or representatives.
t! EVIEWED BY:

IIrF3il
Form IH 0313 0611 Page 1 of 1
0 2011, The Hanford
City Council 20 – 19 11/21/2023
Policy#72S5AAJ7706
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy Is subject to the following additional Conditions:

A. If this policy Is cancelled by the Company, other than for non-payment of premium, notice of such osocellotlon will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate incidents) with mailing addresses on file with the agent of record or Ilia Company.

B. If this policy Is cancelled by the company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten ( 10) days or the oancellallon effective date to the certificate holder( s) with mailing addresses on file with the agent of record or the Company. if notice is mailed, proof of mailing to the last known mailing address of the certificate holder($) on file with the agent of record or the Company will be sufficient proof of notice.

Any notification rights provided by this endorsement apply only to active certikests holders) who were Issued a certificate of Insurance applicable to this policy' s term.

Failure to provide such notice to the certificate holder( s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy, Failure to send notice shalt impose no liability of any kind upon the Company or Its agents or representatives.

Form SS 12 27 6611

REVIEWED
R A.

G 2011, The Hartford
Page i of 1
City Council 20 – 20 11/21/2023
Policy# 72UECPX8358 COMMERCIAL AUTOMOBILE
MA 99 16 0312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the " insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an
insured" under any other automobile
Policy or would be an " insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
2) Any organization that Is acquired or
formed by you and over which you
maintain majority ownership, However,
the Named Insured does not include any
newly formed or acquired organization:
a) That is a partnership or joint
venture,
b) That Is an " insured" under any other
policy,
c) That has exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after Its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.

Coverage does not apply to " bodily
injury" or "properly damage" that results
from an " accident' that occurred before
you formed or acquired the organization.

B. Employees as Insureds
Paragraph A. 1, - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
Any " employee" of yours while using a
covered " auto" you don't own, hire or
borrow in your business or your
personal affairs.

C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered " auto" while the
auto" is leased to you under a written
agreement if:
1) The agreement roqulres you to
provide direct primary Insurance for
the lessor and
2) The "auto" is leased without a driver.

Such a leased " auto" will be considered a
covered " aura" you awn and not a covered
auto" you hire.

D. Additional Insured If Required by Contract
1) Paragraph A. 1, - WHO IS AN INSURED
of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an " insured", but only
to the extent such person or
organization is liable for " bodily
injury" or "property damage" caused
by the conduct of an " insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance
r r
amended to add: < 21 I
2011, The Hertford F4q eq pyrig m i`—_
Form HA 99 76 03 12 of ISO Rro ernes s s'on – ; g
Y' Page
or use of a
1 of 5
City Council 20 – 21 11/21/2023
The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract bodily Injury" or " property damage" Only with respect to insurance provided to occurs: an additional insured in 1. D. - Additional
1) During the policy period, and Insured If Required by Contract, the 2) Subsequent to the execution of such following provisions apply, written contract, and 3) Primary Insurance When Required By 3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have requires such Insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be 2) How Limits Apply primary. If other insurance is also primary, we will share with all that other
If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5. d. person or organization be added as an
additional insured on your policy, the 4) Primary And Non- Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract a) The limits of insurance specified in or written agreement that this insurance the written contract or written Is primary and non-contributory with the agreement; or
additional Insured' s own Insurance, this
b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other
the Declarations. Insurance.

Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured.

Section.

When this insurance is excess, we will have no
3) Additional Insureds Other Insurance duty to defend the insured against any " suit" if If we cover a claim or " suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that " suit". If no other Insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other Insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of.
written contract or written agreement 1) The total amount that all such other that this insurance Is primary and non- insurance would pay for the loss In the contributory with the additional insured' s absence of this insurance; and own insurance.
2) The total of all deductible and self-insured
4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.

Suit or Loss
We will share the remaining loss, If any, by the If you have agreed In a written contract method described in Other Insurance 5. d. or written agreement that another
person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any " auto" hired or rented by your " employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an " auto" you hire.

CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:

OR LOSS — OF SECTION IV —
BUSINESS AUTO CONDITIONS, In the
same manner as the Named Insured.
2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Proporties, InaP,wyiEMr i
ssWE ® BY; Page 2 of 5
PAGES 0
City Council 20 – 22 11/21/2023
If an " employee's" personal insurance also
applies on an excess basis to a covered " auto"
hired or rented by your " employee" on your
behalf and at your direction, this insurance will
be primary to the " employee' s" personal
insurance.

3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
employees".

Coverage is excess over any other collectible
insurance.

4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired " autos" are covered " autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
auto" you own, then the Physical Damage
Coverages provided are extended to " autos" you
hire or borrow, subject to the following limit.

The most we will pay for " loss" to any hired
auto" is:
1) $ 100,000;
2) The actual cash value of the damaged or
stolen property at the time of the "loss'% or
3) The cost of repairing or replacing the
damaged or stolon property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned " auto" for that
coverage. No deductible applies to " loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered " auto" you own.

We will also cover loss of use of the hired " auto"
if it results from an " accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $ 1000 per
accident".

This extension of coverage does not apply to
any " auto" you hire or borrow from any of your
employees", partners ( if you are a partnership),
members ( if you are a limited liability company),
or members of their households.

5. PHYSICAL DAMAGE ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.e. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $ 50 per day and a maximum limit of
1, 000.

6. LOANILEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total " loss" to a
covered " auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the " auto" al the time of the " loss"
and the "outstanding balance" of the loan/lease.

Outstanding balance" means the amount you
owe on the loan/ lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.

7. AIRBAG COVERAGE
Under Paragraph B, EXCLUSIONS - of

SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

8. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs BA -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4. c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the " auto's"
electrical system that, at the time of "loss",
is:
1) Permanently installed in or upon
the covered "auto";
2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto';
3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs ( 1) and (2) above; or
Form HA 99 16 0312 Q2UoffISO roiiT i riot'"
PAGE GFgE

Page 3 of 5 ends

City Council 20 – 23 11/21/2023
4) Necessary for the normal
operation of the covered " auto" or
the monitoring of the covered
auto's" operating system.
b. Section III - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C, 2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
1, 500 Is the most we will pay for "loss" In
any one " accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
1) Permanently installed In or upon
the covered " auto" in a housing,
opening or other location that Is not
normally used by the " auto"
manufacturer for the installation of
such equipment;
2) Removable from a permanently
installed housing unit as described
in Paragraph 2. a, above or is an
integral part of that equipment; or
3) An Integral part of such equipment.
c. For each covered " auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $ 250, whichever deductible is
less.

9. EXTRA EXPENSE - BROADENED

COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
auto" to you.

10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL. DAMAGE COVERAGE, the
following is added:

No deductible applies to glass damage if the
glass Is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same " accident", the following applies:
1) If the deductible under this Business Auto
Coverage Form is the smaller ( or smallest)
deductible, it will be waived;
2) If the deductible under this Business Auto
Coverage Form is not the smaller ( or
smallest) deductible, it will be reduced by
the amount of the smaller ( or smallest)
deductible.

12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT", CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2. a. -

DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an " accident" applies only when the " accident" is
known to:
1) You, If you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited liability
company; or
4) An executive officer or insurance manager, if
you are a corporation.

13. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.

14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -

POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AU10
CONDITIONS Is replaced by the following:
e, For short-term hired " autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured's" responsibility to pay damages for
bodily injury" or " property damage" is
determined in a " suit," the "suit" is brought In
the United Slates of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

15. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS Is amended by
adding the following:
following is added.
p®C C' p y "/
RG IEWED ® 1 .
2011, TtLq, l d des , gpoghted material
Form HA 99 16 03 12 of 1590 P --
e
I c , withits permission. I
fAVG K tJ

Page 4 of 5 ends

City Council 20 – 24 11/21/2023
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.

16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of " bodily injury" in SECTION V -
DEFINITIONS is replaced by the following:

Bodily injury" means bodily injury, sickness or
disease sustained by any person, Including
mental anguish or death resulting from any of
these.

17. EXTENDED CANCELLATION CONDITION
Paragraph 2, of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

18. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a " non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. lf the auto is replaced with a " hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2„500, of the " non -hybrid” auto's
actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
loss" is $ 10, 000.

For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
li "hybdd" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto,
19, VEHICLE WRAP COVERAGE
In the event of a total loss to an " auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages aro amended to add the following:

In addition to the actual cash value of the " auto",
we will pay up to $ 1, 000 for vinyl vehicle wraps
which are displayed on the covered " auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one " loss" is $ 5, 000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

REVIEWED BY:

PAGE rGF
2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with Its permission.) Page 5 of 5 City Council 20 – 25 11/21/2023
Policy# 72SBAAJ7706
b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers",
any partner or member ( if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person ( other than your "employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally Incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
1) " Bodily injury" or " property damage"
that occurred; or
2) " Personal and advertising Injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered In
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. " Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. " Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
limits
Acquired Or REVIE n. l ily,,erys
to a co -"employee" of the

3. Newly Acquired Or Formed Organization vV r or peYafng the watercraft; or Any organization you newly acquire or form, b. " Property damage" to property owned by, other than a partnership, rented to, in the charge of or occupied by p p, joint venture :----.• limited liability company, and over which (} i or I r of any person who is maintain financial interest of more than 500% of ` r is provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person( s) or organization( s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
City Council 20 – 26 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the Injury or damage oecuis
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person( s) or organization( s) ( referred to
below as vendor), but only with respect to
bodily injury" or " property damage` airing
out of " your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products -completed operations hazard".
1) The insurance afforded to the vendor
Is subject to the following additional
exclusions:

This insurance does not apply to:
a) ' Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, tasting,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h) " Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:

I) The exceptions contained in
Subparagraphs ( d) or (fl; or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b, Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", " property damage" or
REQ ` f E A / 0pn5Yd advertising injury"
v V V lid, ' holo or in part, by your
maintenance, operation or use of
n 11 PAGE -LL ''
egauuiioome ,. leased you by such
11 lJ I „___

Page 12 of 24 ends

City Council 20 – 27 11/21/2023
2) With respect to the insurance affcrded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or promises
leased to you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) Any " occurrence" which takes
place after you cease to lease that
land or be a tenant in that

BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2) With ;,aspect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) " Bodily injury", " property damage"
or " personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
b) " Bodily Injury" or " property damage"
included within the " products -
completed operations hazard".
premises; or f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through o. above, but only with behalf of such person or respect to liability for " bodily injury", organization. property damage" or " personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for " bodily the acts or omissions of those acting injury", " property damage" or " personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) In connection with your premises your behalf: owned by or rented to you; or
a) In connection with your premises; c) in connection with " your work" and or included within the " products -
b) In the performance of your completed operations hazard", but ongoing operations performed by only If
you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This Insurance does not ly to ( it) This Coverage Part provides bodily injury", " property dan /, JEt"S
Y. coverage for " bodily injury" or
personal and advertising i
vv VV LLQ I " property damage" included
arising out of the rendering of or the r
within the " products -
failure to render anyprofassle completed operations hazard services by or for you, includiPAGE t
t
OF—Rugro6lt to the insurance afforded
a) "[ be preparing, approving, or to tiese additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, " Bodily
reports, surveys, field orders,
injury", " property damage" or
I d d rt . 11
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
persona an a ve sing injury
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

Form SS 00 08 04 05 Page 13 of 24
City Council 20 – 28 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Ofinsurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. – Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
In. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing " suits".

This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
1 Each Occurrence Limit
Subject to 2. a. or 2. b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one " occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2. b, above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown In the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by Are, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
Damages because of all other " bodily The most we will pay on behalf of a person or Injury", " property damage" or " personal
organization who is an additional insured
and advertising injury", including medical
under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. / :

V , V D g written contract, written agreement or V7 u permit issued by a state or political This General Aggregate Limi apps separately to each of your " locations" G ` subdivision; or owned by or rented to yo -+
units of Insurance shown in the
Location" means premisl5s\ V" —
sta'
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a
addition to the Limits of Insurance shown in
street, roadway or right- of-way of a
the Declarations and described in this Section.
railroad.

Page 14 of 24 ends

City Council 20 – 29 11/21/2023
If more than one limit of insurance under this
policy and any endorsements attaohed thereto
applies to any claim or " suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. in that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured' s estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the " occurrence"
or offense took place;
2) The names and addresses of any
Injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or " suit" is brought
against any insured, you or any additional
insured must:

BUSINESS LIABILITY COVERAGE FORM
1) immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or " suit";
2) Authorize us to obtain records and
other information;
3) Cooperate with us in the investigation,
settlement of the claim or defense
against the " suit"; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured' s Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured' s Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non- contributory with the additional
insured' s own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
occurrence", offense, claim or " suit" is
known tc:
1) You or any additional insured that is
an individual;
2) Any partner, if you or an additional
insured is a partnership;
1) Immediately record the specifics of the ( 3) Any manager, if you or an additional claim or " suit" and the date received; / insured is a limited liability company; and
2 Notify us as soon as raeticaUVIEWED DYAny " executive officer" n
insurance
O y p fhanager, if you or an additional
You or any additional insured must see to insured is a corporation; it that we receive a writtenCC `(
p F
trustee, if you or an additional
claim or "suit" as soon as pra g ' n red is a trust; or c. Assistance And Cooperation Of The ( 6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.

Form SS 00 08 04 05 Page 15 of 24
City Council 20 – 30 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for " bodily injury"
liability and " property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to " mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a " suit' asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully compiled
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will riot be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned " property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies:
with permission of the owner;
a. As if each Named Insured wer qI
rcraft, Auto Or Watercraft
Named Insured; and WED tine loss arises out of the maintenance b. Separately to each insured against w
or use of aircraft, "autos" or watercraft to
a claim is made or " suit" is brought.
f
t nt riot subject to Exclusion g. of
c } / F
A.— Coverages,

6. Representations P, r i (
5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of " property 1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not 2) Those statements are based upon
subject to Exclusion k. of Section A. —
representations you made to us; and
Coverages.

Page 16 of 24 ends

City Council 20 – 31 11/21/2023
8) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional Insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Pall:
a) Primary insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non- contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, wide
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
e. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid Its applicable limit of
Insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
pail of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights to us and help us
enforce them. This condition does not
Paragraphs ( a) and ( b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional Of Rights Of Recovery ( Waiver insured has been added Rei JICVVEb rogation)
additional insured. , 9/ C
If the insured has waived any rights of
When this insurance is excess, we will
y against any person or
have no duty under this Coverage i or all or part of any payment, defend the insured against any " s ' 11, YE .__ 1ng Supplementary Payments, we other insurer has a duty to deed e, have made under this Coverage Part, we insured against that " suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured' s
such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
City Council 20 – 32 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured • Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person( s) or organization( s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. ( Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations, These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person( s) or organization( s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment,

1. Additional Insured - Designated Person Or but only with respect to liability for " bodily Organization injury', " property damage' or " personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person( s) or organization( s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability
person( s) or organization(s).
for " bodily injury", " property damage" or b. With respect to the insurance afforded to personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any " occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is

2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person( s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person( s) or organizations) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization: but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the Insurance afforded to
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: 1) Any " occurrence' that takes place This insurance does not apply to:
after you cease to lease that land; or
1) Any " occurrence" which fakes
2) a tural alterations, new
VIEWE fuction or demolition operations after you cease to be a tenant t per ormed by or on behalf of such premises; or
person or organization.
2) Structural alterations, new
157 I n rr d - State Or Political construction or demolition op t' / P= pE--L7L Hermits performed by or on behalf
person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional

Page 18 of 24 ends

City Council 20 – 33 11/21/2023
BUSINESS L. IABILi' i'y COVERAGE FORM
Insured — State Or Political Subdivision - e) Any failure to make such Permits, but only wit0 respect to Inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit, make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed
1 " Bodily injury", " property damage" or at the vendor's premises in personal and advertising injury" connection with the sale of the arising out ofoperations performed for product;
the state or municipality; or
g) which, after on
2) " Bodily injury" or " property damage" oror sale b you, have beenbeen leedlabeled included in the " product -completed
or relabeled b used a
operations" hazard. container, part orr
ingredient i of of any

7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional h) " Bodily injury' or ' property insured the person( s) or organization( s) damage" arising out of the sole referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to " bodily its employees or anyone else Injury" or " property damage" arising out of acting on its behalf. However, this your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's O The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for " bodily Injury" or
property
I) Such inspections, damage" included within the
products -completed operations hazard". adjustments, tests or servicing as the vendor has agreed to
b. The insurance afforded to the vendor is
make r normally undertakes
subject to the following additional exclusions: to makeein othe usual cqurse of 1) This insurance does not apply to: business, in connection with a) ' Bodily injury" or " property the distribution or sale of the damage" for which the vendor is products,
obligated to pay damages by 2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by your, WHO IS AN INSURED under Section C. is c) Any physical or chemical change amended to include as an additional insured in the product made intentionally
by the vendor;
theP rso organization( s) shown in the
li % an Additional Insured —
d) Repackaging, unless unpacREVV)
EV tro ling Interest, but only with respect to
solely for the purpose of inspection, their liability arising arising o t of:
demonstration, testing, or the it f' of you; or
substitution of pas
uq lirYE YS e ey own, maintain or control
instructions from the manufactu'ree, while you lease or occupy these premises. and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
City Council 20 – 34 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization( s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for " bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1) In the performance of your ongoing
operations for the additional
insured( s); or
2) In connection with " your work"
performed for that additional Insured
and included within the " products -
completed operations hazard", but
only if this Coverage Part provides
coverage for " bodily injury" or
property damage" included within the
products -completed operations
hazard".
b, With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to " bodily injury", " property
damage" or " personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
2) Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured — Co -Owner Of Insured
Premises
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.

OR,

1. " Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. ( 1) Radio;
2) Television;
3) Billboard;
4) Magazine;
5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.

However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2. " Advertising idea" means any idea for an
advertisement".

3. " Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. " Auto" means a land motor vehicle, trailer or
semi-traller designed for travel on public
roads, including any attached machinery or
equipment. But " auto" does not include
mobile equipment".

5. " Bodily injury" means physical:

WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or the peations)
s
Organization( s)
sufk
t_ rep1E a P
ge
Declarations as an Additional Insu C CC w
Owner Of Insured Premises, but only with• sustained by a person and, if arising out of the respect to their liability as co- owner of the above, mental anguish or death at any time. premises shown in the Declaration
G ( 4 %
pCo ga t ry" means:

Page 20 of 24 ends

City Council 20 – 35 11/21/2023
T3. HRJ
ACC7RL? CERTIFICATE OF LIABILITY INSURANCE

DA / DOIYYVV(
12/112/ 2018

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must have ADDITIONAL INSURED provisions or he endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,. certain policies may require an endorsement. A statement on

PRODUCER
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS NAA" A , Risk Management Department
ILm TYPE OF INSURANCE ! INSO POLICYNUMBER
mm
MMIDDIr1' YYY MMIDDIYYYY LIMITS LV
Commercialnes

COMMERCIAL GENERAL LIABILITY I
PHONE - - m ._. FAX ail . No,.Bxfl. 866. 443_8489 Lu Nl 800- 889- 0021 USI Insurance Services National, Inc.

EACH OCCURRENCE
i IF_. I CLAIMS MADE LT.) OCCUR
ADDRESS; Work Comp@trinetcorn
2691 South Bayshore Drive, Suite 1606
DAMAOE' TO" RENTED
PREMISES Eeoccurrence _,
IN81WRERiSI, AFFORDING COVERAGE NAIIC
Coconut Grove, FL 33133 INsuReRA: ACE American Insurance Company 22867

INSURED
LGEWL AGGREGATE LIN IT APPLIES PE R: i
L__ POLICY [ JECI' j LOC
OTHER: ....... i........ 1......-..
a:

TrlNet HR III, Inc.

GENERAL AGGREGATE
PRODUCTS - 00MP1) P AGO

INSURER

AUTOMOBILE LIABILITY
INSURER C______
Ea aBatleDI51NGLE LIWIT S
L/ C/ F Sedaru, Inc. FKA ID Modeling, Inc,

ANY AUTO
INSURER D:

L-- I OWNED # SCHEDULED

AUTOS ONLY ( AUTOS

HIRED NON - OWNED

AUTOS ONLY AUTOS ONLY
9000 Town Center Parkway
BODILY INJURY ( Per awideno

PROPERTY DAMAGE
Per accident S
INSURER E:

Is I
Bradenton, FL 34202
I
C( nVFRAr.PR OFRTIFICATF KIHMRFR• 13717418 tHPIACROM NII lndnco. ce k. 1—,

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.

ILm TYPE OF INSURANCE ! INSO POLICYNUMBER
mm
MMIDDIr1' YYY MMIDDIYYYY LIMITS LV

COMMERCIAL GENERAL LIABILITY I

I EACH OCCURRENCE
i IF_. I CLAIMS MADE LT.) OCCUR DAMAOE' TO" RENTED
PREMISES Eeoccurrence _,
MEO EXP (An oePeNo_l S
L j. PERSONAL & ADV INJURYv S _
LGEWL AGGREGATE LIN IT APPLIES PE R: i
L__ POLICY [ JECI' j LOC
OTHER: ....... i........ 1......-..

GENERAL AGGREGATE
PRODUCTS - 00MP1) P AGO
S
AUTOMOBILE LIABILITY Ea aBatleDI51NGLE LIWIT S
BODILY INJURY (Per person) ANY AUTO
L-- I OWNED # SCHEDULED

AUTOS ONLY ( AUTOS

HIRED NON - OWNED

AUTOS ONLY AUTOS ONLY
BODILY INJURY ( Per awideno

PROPERTY DAMAGE
Per accident S
Is I I I
UMBRELLA LIAR OCCUR j

EXCESS LIAB CLAIMS -MADE(
Y

EACHOCOURRENCE S

AGGREGATE S

DED RETENTIONS S
A WORKERS AND EMPLOYERS` COMPENSATION LIABILITY YIN
ANYPROPRIETOR1PARTNER,EXECUTIVE
OFPICERINIEMBEREXCLUDED4 IN NIA
ManaatotyblNH)
li yes, describe under
DESCRIPTION OF OPERATIONS below
WLR_C65449134 7/ 1/ 2018 7/ 112.019 R'
x srATUTE GER"' Ea
EJ.. EACH ACCIDENT i 3
2, 000, 000
E DISEASE EA EMPLOYEE S $ 000,000
E.L. DISEASE POLICY LIMIT j S 2. 000.000
i
i
I
I
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES( ACORD10 s I, RLrI cIMdrLi, potynFpace is requ Workers Compensation is limited to worksite employee o r L. II/` fri7rL,t.0 Injja.,,,,,.,,,( Vf(1llii+vvlJWW a co -em tovment contract with TriNDt HR Ill, Inc.

PAGE, OF - 4-0
City of Santa Ana
20 Civic Center Plaza
Ross Annex ( M-22
Santa Ana CA 92701

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
g«. 4
name and logo are registered marks of ACORD © 1988. 201 S ACORD CORPORATION. All richt, reserved.

City Council 20 – 36 11/21/2023
4 ,,I Of fl , 275
A Rv
SEDAINC- 01 DAWNPHILLIPS

CERTIFICATE OF LIABILITY INSURANCE DAM( MMIDDIYYNY)
01/ 23/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 ri hts to the certificate holder in lieu of such endorsements .

PRODUCER CONTACT Angela Merideth
NFP Property & Casualty Services, Inc. PHONE
1551 North Tustin Avenue lac, No, Ball: FAx AIC, No):( 714) 975-8966 Suite 500 Santa Ana, CA 92705 ADDRESS angela. [email protected]
INSURERS AFFORDING COVERAGE NAIL#
INSURER A: Sentinel Insurance Company Ltd 11000 INSURED INSURER B: Hartford Accident and Indemnity Co 22357
Sedaru, Inc. INSURER C: Admiral Insurance Company 24856 168 E. Arrow Hwy, Suite 101 INSURER p San Dimas, CA 91773 -

COVERAGFS
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR

TYPE OF INSURANCE ADDPOLICY IN NUMBER LIMITS '
SUBR POLICY EFF POLICY E%P
A X. COMMERCIAL GENERAL LIABILITY
1, 000,000
CLAIMS -MADE X OCCUR EACH OCCURRENCE $
X X 72SBABA9623 01/ 06/ 2019 01/ 06/2020 _ SO aE cuDnce $ 11000, 000 MED EXP An one person $ 10+000
PERSONAL & ADV INJURY $ 1, 000,000
DEVIL AGGREGATE LIMIT APPLIES PER _
GENERAL AGGREGATE 2, 000+000
X _ POLICY _ UE LOC $
PRODUCTS GO $ 2,2, 000,000, 000000
OTHER:

B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT J 1, 000+000 X ANYAUTO ( Ea eccJent $

OWNED SCHEDULED
X X 72UECPX8358 01/ 06/2019 01/ 06/2020 BODILY INJURY Per non $

AUTOS ONLY AUTOS
BODILY INJURY Pereccitlent $

AUTOS ONLY NON-OWNED PROPERTY DAMAGE
Reraccident $
A _ Is

UMBRELLA UAB X OCCUR
EACH OCCURRENCE , $ 2+000+000
EXCESS LIAB CIAIMS-MADE 72SBABA9623 01/ 06/2019 01/ 06/ 2020 REGATE 2+000,000
r DED RETENTION $
AND WORHER$ EMPLOVERS' COMPENSATIONRS' LlILIIIABILTY

YIN STATE
AOFFICER/ NY PROPRIETOR/ MEMBER EXCLUDED' EXCLUDED. NIA EL EACH ACCIDENT ( Mandatory In NH) - -
EA EMPLOVEEj $ If yes, describe under E. L. DISEASE -
DESCRIPTION OF OPERATIONS below -
C
EL. DISEASE- POLICY LIMIT $ E& O/Professional Lia L000002663205 08/ 30/ 2018 08/ 30/ 2019 Per Claim Limit 11000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached U more space is required) If required by written contract, The City, its elected or appointed officials, boards, agencies, officers, agents, employees and volunteers are Included as Additional Insureds with Primary/Non- Contributory wording and Waiver of Subrogation as respects General Liability per Endorsement SS00080405 attached. If required by written contract, The City, Its elected or appointed officials, boards, agencies, officers, agents, employees and volunteers are Included as Additional Insureds with Primary/ Non-Contributory wording and Waiver of Subrogation as respects Auto Liability per Endorsement HA99160312 attached. 30 days notice of intent to cancel policies will be provided subject to 10 days notice for nonpayment for General Liability per endorsement SS12230611 and as respects auto liability per endorsement 1H03130611 attached.

REVIEWED KEVI EWE D BY:
rcorlvlrwry urr n. a
City of Santa Ana
Attn: Water Resources ( M- 85)
220 S. Daisy Avenue
Santa Ana, CA 92703
Arnon 9C rine.

SHOULD ANY OF THE AB04 p pOUCI[ S BE

THE EXPIRATION DATE THEREOF, NOTICE - WILL
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
V
W Tsaa- ZU10 AUVKU CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
V
31(q
City Council 20 – 37 11/21/2023
1 ACORO'
AGENCY CUSTOMER ID: SEDAINC- 01
LOC #: 1

ADDITIONAL REMARKS SCHEDULE
A- 2- Of6 - Z75

DAWNPHILLIPS

Page 1 of 1 ends

AGENCY NAMED INSURED
Sedaru Inc.

NFP Property & Casualty Services, Inc. 168 E. / crow Hwy, Suite 101 San Dimas, CA 91773
Los Angeles POLICY NUMBER
EE PAGE 1

CARRIER NAIL CODE
EE PAGE 1 SEE P 1 EFFECT EDATE: SEE PAGE 1

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance

CONTRACTUAL INSURANCE REQUIREMENTS
The attached Certificate of Insurance is provided as part of our service to our client, the insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the insured due to the Insurance Company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned.

NFP Property & Casualty Services Inc.

CA License OF15715
1551 N. Tustin Ave., Suite 500
Santa Ana, CA 92705
Telephone: 714-505-5550
Fax: 714. 975-8966
L IEVVED BY:

PAGE OK -L2
ACORD 101 ( 2008101) U ZU08 ACURD WKFORA I ION. All ngnts reserves.

The ACORD name and logo are registered marks of ACORD
City Council 20 – 38 11/21/2023
Policy#72UECPX8358
zaf- z s
F1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:

A. If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided at least thirty ( 30)
days in advance of the cancellation effective date
to the certificate holder(s) with mailing addresses
on file with the agent of record or the Company.

Form IH 03 13 06 11
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient
proof of notice.

Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued a certificate of insurance applicable to this
policy's term.

Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives.
2011, The Hartford

Page 1 of 1 ends

t EVIEWED BY:

3.-_ F
City Council 20 – 39 11/21/2023

74. civ . y- 75
Policy#72SBAAJ7706
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER( S)
This policy is subject to the following additional Conditions:

A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty ( 30) days in advance of the cancellation effective dale to the certificate holder(s) with mailing addresses on file with the agent of record or the Company.

B. If this policy is cancelled by the company for nonpayment of premium, or by the Insured, notice of such cancellation will be provided within ten ( 10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company.

If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice.

Any notification rights provided by this endorsement apply only to active certificate holder( s) who were issued a certificate of insurance applicable to this policy's term.

Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives.

Form SS 12 23 06 11 Page 1 of 1
C 2011. The Hartford
REVIEWED BY:

PAGE OF
City Council 20 – 40 11/21/2023
Policy# 72UECPX8358
A - 20113. z75

COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

However, the Named Insured does not
include any subsidiary that is an
insured" under any other automobile
policy or would be an " insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
a) That is a partnership or joint
venture,
b) That is an " insured" under any other
policy,
c) That has exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.

Coverage does not apply to " bodily
injury" or " property damage" that results
from an " accident" that occurred before
you formed or acquired the organization.

B. Employees as Insureds
Paragraph A. 1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any ' employee" of yours while using a
covered " auto" you don't own, hire or
borrow in your business or your
personal affairs.

C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
auto' is leased to you under a written
agreement if:
1) The agreement requires you to
provide direct primary insurance for
the lessor and
2) The "auto" is leased without a driver.

Such a leased " auto" will be considered a
covered " auto" you own and not a covered
auto" you hire.

D. Additional Insured if Required by Contract
1) Paragraph AA. - WHO IS AN INSURED
of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for " bodily
injury" or " property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered " auto."
2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 IEVVED BY:
tAg
C_
City Council 20 – 41 11/21/2023
A . zO1 d' z -P5
The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract bodily injury" or " property damage" Only with respect to insurance provided to occurs:
an additional insured in 1. 13. - Additional
1) During the policy period, and Insured If Required by Contract, the 2) Subsequent to the execution of such following provisions apply:
written contract, and 3) Primary Insurance When Required By 3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be 2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in
or written agreement that another Other Insurance 5.d.
person or organization be added as an
additional insured on your policy, the 4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non- contributory with the agreement; or
additional insured's own insurance, this
insurance is primary and we will not b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance.

Such amount shall be a part of and not Paragraphs (3) and ( 4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured.

Section.

When this insurance is excess, we will have no
3) Additional Insureds Other Insurance
duty to defend the insured against any " suit" if
If we cover a claim or " suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that " suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or " suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement 1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured' s absence of this insurance; and own insurance.
2) The total of all deductible and self-insured
4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.

Suit or Loss
We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5. d. or written agreement that another
person or organization be added as an 2• AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any " auto" hired or rented by your " employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.

CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:

OR LOSS — OF SECTION IV —
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
02011, The Hartford (Includes copyrighted material
Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 r, x" VIEWED BY:

City Council 20 – 42 11/21/2023
If an " employee's" personal insurance also 5.
applies on an excess basis to a covered " auto"
hired or rented by your " employee" on your
behalf and at your direction, this insurance will
be primary to the " employee's" personal
insurance.

Coverage is excess over any other collectible
insurance.

The most we will pay for " loss" to any hired
auto" is:
1) $ 100,000;
2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned " auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.

We will also cover loss of use of the hired "auto"
if it results from an " accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $ 1000 per
accident".

This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
employees", partners ( if you are a partnership),.
members ( if you are a limited liability company),
or members of their households.

A- r72- 06 r2.'7 5 -

PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph AA.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $ 50 per day and a maximum limit of
1, 000.

6. LOANILEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total " loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the " auto" at the time of the " loss"
and the "outstanding balance" of the loan/ lease.

Outstanding balance" means the amount you
owe on the loanAease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.

7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of

SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

8. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the " auto' s"
electrical system that, at the time of "loss",
is:
1) Permanently installed in or upon
the covered "auto";
2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs ( 1) and ( 2) above; or
2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 REVIEWED BY:

PAGE I ( 1F z
City Council 20 – 43 11/21/2023
4) Necessary for the normal
operation of the covered " auto" or
the monitoring of the covered
auto's" operating system.
b. Section III — Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
1, 500 is the most we will pay for "loss" in
any one " accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
1) Permanently installed in or upon
the covered " auto" in a housing,
opening or other location that is not
normally used by the " auto"
manufacturer for the installation of
such equipment;
2) Removable from a permanently
installed housing unit as described
in Paragraph 2. a. above or is an
integral part of that equipment; or
3) An integral part of such equipment.
c. For each covered " auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $ 250, whichever deductible is
less.

9. EXTRA EXPENSE BROADENED

COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
auto" to you.

10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

No deductible applies to glass damage if the
glass is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

A • 2vti3. 2-f 5
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
2) If the deductible under this Business Auto
Coverage Form is not the smaller ( or
smallest) deductible, it will be reduced by
the amount of the smaller ( or smallest)
deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an " accident" applies only when the "accident" is
known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) A member, if you are a limited liability
company; or
4) An executive officer or insurance manager, it
you are a corporation.

13. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.

14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -

POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired " autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured's" responsibility to pay damages for
bodily injury" or " property damage" is
determined in a " suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

15. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 REVIEWED BY:
i Or Z / jq
City Council 20 – 44 11/21/2023
We waive any right of recovery we may have
against any person or organization with whom
You have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.

16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of " bodily injury" in SECTION V -
DEFINITIONS is replaced by the following:

Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:

18. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a " non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. If the auto is replaced with a " hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2, 500, of the " non -hybrid" auto' s
actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
2-- 75-
We
75 c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
loss" is $ 10, 000.

19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specked Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the " auto',
we will pay up to $ 1, 000 far vinyl vehicle wraps
which are displayed on the covered " auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one " loss" is $ 5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
02011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 vvED BY:
1 G E 0F- 3-
City Council 20 – 45 11/21/2023
Policy# 72SBAAJ7706
b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers',
any partner or member (if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person ( other than your "employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
Form SS 00 08 04 05
A, Lore •a'75

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
1) " Bodily injury" or " property damage"
that occurred; or
2) " Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. ' Bodily injury' to a co -"employee" of the
person driving the equipment; or
b. ' Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

However, no person or organization is an
insured with respect to:
a. " Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. " Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person( s) or organization( s) identified in
Paragraphs a. through f. below are additional
RRE
f
i'L
h aq: eed, in a written
3Aage 11 of 24
PAGE to OF—In_
City Council 20 – 46 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization( s) ( referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products -completed operations hazard".
1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
a) " Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

Page 12 of 24 ends

r , 2018 ' 1'7 l
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor' s premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h) " Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
1) The exceptions contained in
Subparagraphs (d) or (f); or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for " bodily
injury", " property damage" or
personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

REVIEWED By. ,
Q[/
rm S464 6495 l,F ( 1_ 0 l9_
City Council 20 – 47 11/21/2023
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) Any " occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
1) Any architect, engineer, or surveyor, but
only with respect to liability for " bodily
injury', " property damage" or " personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a) In connection with your premises;
or
b) In the performance of your
ongoing operations performed by
you or on your behalf.
2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.

Form SS 00 08 04 05
A-, zo(S - 2--157

Bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
R,,/ , EVIS s i
c gin i or surveying
1 f+t-- G_ J l zgll4
PAGE 13o
p
Af24
City Council 20 – 48 11/21/2023

The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Oflnsurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought; or
C. Persons or organizations making claims or
bringing " suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of " bodily injury" and
property damage" included in the
products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", ' property damage" or ' personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your ' locations"
owned by or rented to you.

Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

Page 14 of 24 ends

X- 2.Otg- z-7! 5-
This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2. b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one ' occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2. b. above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
ndgscpbed in this Section. R E V° EV
SS 0 680405
fg n l2_
City Council 20 – 49 11/21/2023
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or " suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured' s estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the "Occurrence"
or offense took place;
2) The names and addresses of any
injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or " suit" is brought
against any insured, you or any additional
insured must:
1) Immediately record the specifics of the
claim or " suit" and the date received;
and
2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
2) Authorize us to obtain records and
other information;
3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non- contributory with the additional
insured' s own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
occurrence", offense, claim or " suit" is
known to:
1) You or any additional insured that is
an individual;
2) Any partner, if you or an additional
insured is a partnership;
3) Any manager, if you or an additional
insured is a limited liability company;
4) Any " executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5) Any trustee, if you or an additional
insured is a trust; or
6) Any elected or appointed official, if you
or an additional insured is a political
r< E VI EWE©orSy. pntity.
l(
r., 9 1 Mage 15 of 24
E + OF
City Council 20 – 50 11/21/2023

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a " suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and

Page 16 of 24 ends

A- - 24,9 .. 2-75-
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excesslnsurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
REVIEVVEaDs.

BY.

J/ Qr $ S 00 08 04 05
O ig
y
City Council 20 – 51 11/21/2023
6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non- contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs ( a) and ( b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

A ' 2olg

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery ( Waiver
Of Subrogation)
When If the insured has waived any rights of this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any " suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that " suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's
such person or organization in a contract,
rights against all those other insurers.
l C
VI EW
Ee t or permit that was executed
j L r h it jury or damage.

Form SS 00 08 04 05— 23/ L9 Page 17 of 24
e LOFes_
2,15
City Council 20 – 52 11/21/2023
BUSINESS LIABILITY COVERAGE FORM Pf-• zolS - z-75
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization( s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. ( Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the
a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization( s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment,

1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", " propertyrt dama
or " personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person( s) or organization( s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person( s) or organization( s). for " bodily injury", " property damage" or b. With respect to the insurance afforded to personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is

2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person( s) or organization( s)
a. WHO IS AN INSURED under Section C. is shown in the Declarations as an Additional amended to include as an additional insured Insured — Owners Or Other Interests From the person( s) or organization( s) shown in the Whom Land Has Been Leased, but only Declarations as an Additional Insured - with respect to liability arising out of the Designated Person Or Organization; but only ownership, maintenance or use of that part with respect to liability arising out of the of the land leased to you and shown in the ownership, maintenance or use of that part of
Declarations.
the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following
b. With respect to the insurance afforded to additional exclusions apply:
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: 1) Any " occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or 1) Any " occurrence" which takes place 2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such
2) Structural alterations, new
person or organization,
construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
j•-\ C t, / I EWED v v ` L J— i8rclarations as an Additional V ii

Page 18 of 24 ends

vF o
City Council 20 – 53 11/21/2023
Insured — State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
1) " Bodily injury", " property damage" or
personal and advertising injury"
arising out of operations performed for
the state or municipality; or
2) " Bodily injury" or " property damage"
included in the " product -completed
operations" hazard.

7. Additional Insured —Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person( s) or organization( s)
referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to " bodily
injury" or " property damage" arising out of
your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products -completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
1) This insurance does not apply to:
a) " Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

BUSINESS LIABILITY COVERAGE FORM
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h) " Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs (d) or (f); or
tt) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured — Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person( s) or organization( s) shown in the
Declarations as an Additional Insured —
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.

EVIEWED BY:

Form SS 00 08 04 05 41ey / Page 19 of 24
8 - 19
City Council 20 – 54 11/21/2023
A-' 2-,019, 2-- 7,g

BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization.

How this insurance applies when other insurance

9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person( s) or organization( s) DEFINITIONS
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors, 1. " Advertisement" means the widespread public but only with respect to liability for " bodily dissemination of information or images that injury", " property damage" or " personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. ( 1) Radio; acts or omissions of those acting on your 2) Television; behalf:
3) Billboard;
1) In the performance of your ongoing
operations for the additional
4) Magazine;
insured( s); or 5) Newspaper;
2) In connection with " your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the " products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for " bodily injury" or widespread public distribution. property damage" included within the However, "advertisement" does not include:
products -completed operations
hazard". a, The design, printed material, information
b. With respect to the insurance afforded to
or images contained in, on or upon the
these additional insureds, this insurance packaging or labeling of any goods or products; or
does not apply to " bodily injury", " properly
damage" " personal an advertising b. An interactive conversation between or n
injury' arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. " Advertising idea" means any idea for an architectural, engineering or surveying advertisement". services, including: 3. " Asbestos hazard" means an exposure or 1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. " Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public 2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But " auto" does not include

10. Additional Insured — Co -Owner Of Insured mobile equipment'.

Premises 5. " Bodily injury" means physical:

WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
c. Disease
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. " Coverage territory" means:

REVIEWED BY:

Page 20 of 24 ends

City Council 20 – 55 11/21/2023

Page 1 of 2 ends

SECOND AMENDMENT TO AGREEMENT WITH SEDARU, FORMERLY KNOWN AS ID MODELING, INC., TO PROVIDE WATER SYSTEM COMPUTER MODELING AND

ENGINEERING SERVICES
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on November 21, 2023, by and between Sedaru, formerly known as ID Modeling, Inc. (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2018-275 (“Agreement”) dated December 4, 2018, to retain a qualified contractor to provide water system computer modeling and engineering services, including the design and creation of a water system computer model.

B. On November 4, 2021, the parties executed the sole two (2) year extension. Therefore, the Agreement is in full force and effect through December 3, 2023.

C. On April 4, 2023, the Parties entered into a First Amendment to the Agreement (A-2023- 052) to increase the compensation under the Agreement due to an unanticipated increase in volume of development plan submittals.

D. On September 21, 2023, the City’s Public Works Agency (“PWA”) received a written notice from Contractor informing PWA the Sedaru software platform contemplated by the Agreement would no longer be supported after June 30, 2024.

E. The Parties now wish to amend the Agreement to extend the term of the Agreement to allow PWA to finish existing projects, download data and information, and transition to another software platform.

The Parties therefore agree:

1. Section 3 , Term, shall be amended to extend the term of the Agreement through June 30, 2024.

2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
(signature page follows)
DocuSign Envelope ID: C7AB0A53-9C38-47FD-9E6A-6D0A05493B55 City Council 20 – 56 11/21/2023

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

Jennifer L. Hall Steven A. Mendoza
City Clerk Acting City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
By:____________________________
Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba
Executive Director
Public Works Agency
DocuSign Envelope ID: C7AB0A53-9C38-47FD-9E6A-6D0A05493B55 Tony Ulrich
Senior Sales Manager, North American Account Ma
City Council 20 – 57 11/21/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: Waste Discharge Compliance Services

AGENDA TITLE
Amend Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services by an Additional $250,000 for the Remainder of the Agreement Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a first amendment to the agreement with EEC Environmental for Waste Discharge Requirement compliance services to increase the total amount by $250,000 for the remainder of the term, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On January 19, 2021, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year extension option, to EEC Environmental (Exhibit 1) to provide waste discharge requirement compliance and general environmental compliance services for the Public Works Agency’s Water Resources Division (Water Resources).

Water Resources is committed to providing a high-quality sewer collection and conveyance system that is in compliance with the waste discharge requirements (WDR) adopted by the State Water Resources Control Board. To maintain this level of service delivery, consultant services are needed to assist staff with key WDR mandated programs including Sewer System Management Plan (SSMP) auditing, maintenance optimization, sewer system investigations, Fats, Oils and Grease (FOG) control program implementation, along with providing expertise and support in a wide range of compliance programs such as potable water monitoring and National Pollutant Discharge Elimination Systems (NPDES) requirements.

During the agreement term, the State adopted new Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No. 2022-0103-DWQ (Sanitary Sewer Systems General Order) in December 2022. The order requires public agencies that own or operate sanitary sewer systems to develop and implement sewer City Council 21 – 1 11/21/2023
Waste Discharge Compliance Services
November 21, 2023

Page 2 ends

system management plans and report all sanitary sewer spills to the State Water Board’s online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. Water Resources has relied on EEC Environmental to help guide the City in ensuring that all reporting requirements are being met. Additionally, since the original agreement was awarded, the demand for FOG inspection and WDR compliance services has increased as the number of food service establishments in the City continue to grow.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal Year
Accounting
Unit – Account
#
Fund
Description
Accounting Unit,
Account Description Amount
FY 23-24 05617640-
62300
Sanitary
Sewer
Service
Sanitary Sewer Service,
Contract ServicesProfessional$100,000
FY 24-25 05617640-
62300
Sanitary
Sewer
Service
Sanitary Sewer Service,
Contract ServicesProfessional$100,000
FY 25-26
(July –
January)
05617640-
62300
Sanitary
Sewer
Service
Sanitary Sewer Service,
Contract ServicesProfessional$50,000
Total $250,000

EXHIBIT(S)

1. Agreement A-2021-009

2. Agreement amendment with EEC Environmental
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager
City Council 21 – 2 11/21/2023
M
OCV
PVACI) (lu+ thiCkRzy )Ft AGREEMENT

TOPROVIDE WASTE DISCHARGE REQUIREMENTS
COMPLIANCE SERVICES A2021- 009 THIS
AGREEMENT ismade and entered into this 19th day of January, 2021 by and between EECEnvironmental (" Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized andexisting under the Constitution andlaws of the State of California ("City"). RECITALS A.

On July 8, 2020, the City issued Request for Proposal No. 20- 089, by which it sought aqualified consultant toprovide waste discharge requirements compliance services and general environmental compliance services forthe Water Resources Division ofthe Public Works Agency. B.

Consultant submitted aresponsive proposal that was selected by the City. Consultant represents thatitis able and willing toprovide theservices described inthe scope of work that was included in RFP No. 20- 089. C.

In undertaking theperformance ofthis Agreement, Consultant represents that itis knowledgeable inits field and that any services performed by Consultant underthis Agreement willbeperformed incompliance withsuch standards as may reasonablybe expected from aprofessional contracting firminthe field. NOW THEREFORE, inconsideration ofthe mutual and respective promises, and subject tothe terms and conditions hereinafter setforth, the parties agree as follows: SCOPE OF SERVICES Consultant
shall perform theservices described inthe scope of work that was included in RFP No. 20- 089 and that is attached as Exhibit A, and as further delineated in Consultant' s proposal, which is attached as Exhibit Band incorporated infull. 2.

COMPENSATION a.

City agrees topay, and Consultant agrees toaccept astotal payment forits services under this Agreement, the rates and charges identified in Exhibit B. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $360, 000. b.

Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance setforth inthe Recitals and Scope of Work, which may reasonably beexpected by City. Page
1of 8
City Council 21 – 3 11/21/2023

3. TERM
This Agreement shall commence on the date first written above and terminate on January

1. 8, 2024, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2- year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. If the services being performed are part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $ 1, 000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk.

Page 2 of 8 ends

City Council 21 – 4 11/21/2023

INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured( s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant' s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1, 000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured( s); ( b) be primary with respect to insurance or self-insurance programs maintained by the City; and ( c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1, 000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles.

C. Worker' s Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker' s compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer' s liability insurance with limits not less than 1, 000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:

Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1, 000, 000 per claim with $2, 000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. iv) Consultant shall supply City with a fully executed additional insured endorsement.

Page 3 of 8 ends

City Council 21 – 5 11/21/2023
IfConsultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City' s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant' s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable reliefdue to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Consultant' s services are subject to Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney' s fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three ( 3) years, or for any longer period required by

Page 4 of 8 ends

City Council 21 – 6 11/21/2023
law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three 3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/ or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. " Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/ or agent of the other party is covered by this Agreement. The foregoing obligations ofnon-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; ( b) is, through no fault of the Consultant disclosed in a publicly available source; ( c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk ofthe City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P. O. Box 1988
Santa Ana, CA 92702- 1988
Fax 714- 647- 6956
Executive Director
Public Works Agency

Page 5 of 8 ends

City Council 21 – 7 11/21/2023
City of Santa Ana
20 Civic Center Plaza (M-21)
P. O. Box 1988
Santa Ana, CA 92702
To Consultant: EEC Environmental
One City Boulevard West, Suite 1800
Orange, CA 92868
Attn: Jim Kolk, Principal Engineer
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three ( 3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms ofthis Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City' s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City' s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.

16. WAIVER
No waiver ofbreach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or

Page 6 of 8 ends

City Council 21 – 8 11/21/2023
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION
This Agreement may be terniinated by the City upon thirty ( 30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION
Consultant shall not discriminate because ofrace, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.

Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State ofCalifornia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES
Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision ofthe services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement.

Page 7 of 8 ends

City Council 21 – 9 11/21/2023
N.2021 009

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney' s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as iffully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written.

ATTEST:
r
L i and
Daisy Gomez
Clerk of the Council

APPROVED AS TO FORM

SONIA R CARVALHO
City Attorney
By: GAr 7g, .

JWhn M. Funk
Senior Assistant City Attorney

RECOMMENDED FOR APPROVAL
n==nshp I$,/--
Nabil Saba, P. E.

Executive Director
Public Works Agency

CITY OF SANTA ANA
Kfistine Ridge
City Manager

CONSULTANT
Name: Jim Kolk
Title: Pfi cipal Engineer

Page 8 of 8 ends

City Council 21 – 10 11/21/2023

EXHIBIT A CITY OF SANTA ANA
RFP NO.: 20- 089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
A. Introduction
The Water Resources Division of the Public Works Agency is committed to providing the highest quality drinking water systems and sewer collection and conveyance systems.

To pursue this mission, the Water Resources Division is issuing this Request for Proposal ( RFP) for Waste Discharge Requirement ( WDR) and Environmental Compliance Services to assist City staff in implementing key mandated programs, including the FOG control program outlined in the City' s Sewer System Management Plan (SSMP) and as adopted in the Santa Ana Municipal Code Chapter 39. Continuous and timely interaction with our customers, particularly the food service establishment FSE) community, is paramount to the successful control of FOG in the sewer collection and conveyance system. The work that will be performed by the selected Consultant is essential to the City' s ability to effectively control FOG in the sewer collection and conveyance systems, as well as maintaining compliance with key regulatory programs.

B. Background & Description
The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27. 2 square miles and a population of 332,318 people. There are approximately 1, 000 FSEs and about 250 are equipped with Grease Removal Equipment (GREs) that require regular FOG control inspections.

The Water Resources Division is a part of the City's Public Works Agency and oversees and maintains the daily operations of the public water system and sanitary sewer system. The City of Santa Ana' s water system is comprised of approximately 478 miles of water main, 45 MG of storage at 5 sites, 7 Metropolitan Water District connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. The Water Resources Division administrative and engineering section is tasked with overseeing the implementation of WDR and other Environmental compliance programs.

C. Work Description
The selected Consultant will provide WDR/SSMP compliance services, FOG Program management services, FSE & GRE inspections, Environmental compliance services, program information and outreach, expert review and advice to City staff, maintain maps, records, and an array of related technical support services. The Core Requirements and Deliverables are listed below and represent the central work efforts the Consultant will be responsible for performing.

D. Core Requirements and Deliverables (Stated Fee basis) Consultant shall provide the following deliverables in accordance with established procedures as dictated by the Program Manager or designee. Turnaround time shall not exceed thirty (30) calendar days perassignment unless otherwise specified by the Program Manager or designee.

The Consultant is expected to be knowledgeable in environmental protection and treatment, especially as it relates to sewage systems, FOG control, as well as public water systems.

City Council 21 – 11 11/21/2023Page 1 of 10

CITY OF SANTA ANA
RFP NO.: 20- 089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
Waste Discharge Requirements (WDR) and Sewer System Management Plans (SSMP).

The consultant shall be knowledgeable with the State' s environmental compliance regulations including the Sanitary Sewer System Waste Discharge Requirements issued by the Water Resources Control Board. The consultant shall provide environmental compliance services including:

Performing the City's SSMP Audits as required by the WDR regulations, assessing the effectiveness and performance of key WDR programs, and preparing a report of the findings and recommendations.

Preparing City' s 2024 SSMP update as required by the WDR regulations utilizing the 2019 SSMP update and 2017 SSMP audits as foundations.

Providing quarterly WDR training and advising City staff on emerging issues, revisions and additions to the SSS WDR.

Provide updates and training on SSO contingency plans for the City's sewage lift stations.

Providing SSO response support, including data analysis, volume estimating, reporting, etc.

Develop a sewer system maintenance ( cleaning) program and schedule which prioritizes sewer main cleaning based on parameters such as topography, condition of pipe, flow characteristics and historical inspection analyses. The proposed sewer maintenance program will optimize cleaning frequencies and resource deployment. Deliverables will include cleaning program maps in PDF format and in GIS format compatible for use with the City's infraMAP software.

2. FOG Program Management.

The Consultant shall collect, organize, and manage the FOG control program data. The current and existing database shall be maintained and updated. The Consultant shall provide monthly inspection reports and include the following: number of inspections made during the period, findings ( i. e. out of compliance, follow-up inspections, etc.), provide recommendations and assist the FOG Manager with follow up documentation and technical expertise. The Consultant shall coordinate meetings with the FOG Control Program Manager to evaluate and prioritize required activities. The Consultant shall be available during normal working hours, after hours and weekends to provide assistance as required.

The consultant must be able to maintain the FSE inventory and maintain a schedule that prioritizes FSE inspection frequencies based on FOG production, compliance history, elevated maintenance location relationships, and SSO history.

City Council 21 – 12 11/21/2023Page 2 of 10

CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
The Consultant shall coordinate with the City to establish all inspection schedules and tasks related thereof. These schedules will be coordinated in conjunction with City Staff and FOG inspectors. Additionally, the consultant shall provide outreach material, educate and train City personnel performing Food Service Establishment (FSE) Inspections.

The Consultant shall be able to append Orange County Health Care Agency National Pollutant Discharge Elimination System ( NPDES) inspection data into the City's geodatabase for analysis and to identify necessary NPDES follow-up inspections. The Consultant must have specific knowledge of current and pending MS-4 requirements and be able to integrate storm -water inspection elements into the FSE inspection process.

The City uses infraMAP software to collect, and to manage FOG data along with ArcGIS software. The Consultant must have expertise using these software packages.

The Consultant shall be able to conduct, obtain, and analyze data from different sources to ensure and provide an up-to-date inventory of food facilities within the City and shall be able to integrate these data into the City's FOG database.

The City' s inspection process leverages wireless technology for all field inspection activities. Consultant must be familiar with mobile data acquisition systems including hardware, operating systems, software, network structures, and evolving technologies.

The Consultant shall provide oversight and administration support of the FSE inspection program. The Consultant shall work with the FOG Control Program Manager to develop and implement FOG related initiatives such as: residential FOG disposal education outreach program, BMP' s educational outreach to FSE owners and distribute FOG related material like pamphlets, and DVD' s. In addition, the Consultant shall perform evaluations and develop performing measures to FOG related chemical and biological additives used for FOG.

The Consultant shall have vast experience and expertise on grease control devices GRD' s) and FOG control measures and or additives. The Consultant shall provide upon request reports and facts for and advice the City on grease control devices. These reports are not limited to size, design, maintenance practices, but shall provide an entire overall perspective of this devices and wide use of in the food service industry.

The consultant must be able to manage pictures, GRE requirement documents, permits, and other documents for all FSEs and make those documents accessible through the mobile map interface.

Consultant shall review City Municipal Code and provide recommendations for program modifications or enhancements
Consultant shall conduct site assessments of FSEs to determine or evaluate GCD retrofit options

3. Food Service Establishment (FSE) Inspections and Enforcement.

City Council 21 – 13 11/21/2023Page 3 of 10

CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
The consultant shall physically inspect each FSE in the City as determined by the FOG Control Program Manager or its designee. The consultant shall provide educational information and Best Management Practices ( BMP' s) information to the FSE facility owner/manager in charge at the time of inspection. In addition, the Consultant shall coordinate, establish work schedules and provide educational and training information to City personnel as necessary and required upon City request.

The Consultant shall prepare and provide a summary of the FSE inspection to the owner/manager in charge. This handout shall be in English and Spanish.

Inspection Categories:

Permitting Inspections- These are comprehensive initial inspections of new and or remodeled FSE' s. The purpose is to identify the type of food, equipment and kitchen practices that could contribute FOG to the sewer system. FSE' s are provided with educational education on FOG program compliance and BMP' s. The Consultant will be required to educate and provide this information to the FSE' s at the time of the inspection.

Grease Removal Equipment (GRE) Inspections- These inspections are conducted to evaluate compliance with a facility's grease removal equipment requirements.

The inspections should be comprehensive in support of potential future enforcement efforts where necessary and should include measuring FOG content of each chamber of all GREs.

Best Management Practices ( BMP) Inspections- These are inspections to determine the compliance with all required kitchen BMP' s. These should include a thorough survey of kitchen facilities. Additional, education material shall be provided to the FSE at the time of inspection.

Compliance Inspections- These inspections are conducted when it is determined by the FOG Control Manager that a follow-up or emergency inspection required for non- compliance issue that has been identified thereof.

FSE NPDES Inspections- These inspections are in response to follow-up on NPDES issues identified by the Orange County Health Care Agency. Inspectors must be familiar with the NPDES program and its regulations and identify violations and verify compliance.

Limited Food Preparation ( LFP) Inspections- These are inspections of known or probable LFP facilities to confirm their FOG discharge status.

E. As -Assigned Tasks ( Time and Materials cost basis)
Maintaining Maps and Database Records.

City Council 21 – 14 11/21/2023Page 4 of 10

CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
The FOG Control Program utilizes GIS technologies and maps to manage, maintain, and update a FOG geodatabase containing information on all FSEs & GREs and inspection records. The Consultant shall maintain and update the FOG geodatabase and associated maps. The consultant will be tasked with the following:

Review inspection records and results for quality assurance and control purposes.

Add, edit or delete records and map points as FSEs and GREs are added or deleted from the inventory.

Edit existing records and feature classes to reflect true field conditions. This would include FSE and GRE relationships.

Maintain layer definition queries that access FOG program data to represent FSEs and GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs that need to be confirmed.

Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. This may include providing a GIS analyst for on -site support.

Coordinate with staff and technology consultants to define required WDR program work flows and support integration with emerging technology.

Consultant should be able to use data validation tools to review feature class data including FOG inspection activity data.

Assist the City with maintenance data analysis and 0&M task optimization.

2. Training & Support
The Consultant shall provide training and support on as needed basis and as required by the City. The training shall include and not limited to: WDR updates, Sewer System Management Plan meeting goal and objectives, FOG Program evaluations and reports, GIS support and mapping system. The training shall be conducted in the field and on the classroom as needed by the City and their Staff.

3. General Environmental Compliance Support
In addition to WDR compliance, the consultant shall provide expertise and support in a wide range of compliance programs thatfall within the Water Resources Division purview, including but not limited to: cross -connection program support, potable water discharge permitting and monitoring, production well O& M assessment and support, water distribution infrastructure, stormwater compliance, compliance related business process development, project management, and assistance.

City Council 21 – 15 11/21/2023Page 5 of 10

CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES

4. General Sewer System O& M Support
The Consultant shall be able to assist the City with assessment of sewer system issues and development of corrective actions including source identification and mitigation.

F. Technical Abilities
Proposer must demonstrate the following skills:
i. Ability to successfully perform FSE and GRE inspections in other languages (in addition to English). Additional consideration will be given to proposers which demonstrate this ability.

2. Knowledge of environmental regulations and formal training in environmental sciences and or engineering.

3. Demonstrated capability to integrate GIS, database and maintenance management technologies to effectively manage FSE inspections and FOG Program tasks.

G. Cooperative Work Environment
It is required that successful proposer be able to work together in a cooperative work environment with the program manager/contract administrator and staff, and other consultants as required.
x. Ongoing Coordination/Status Meetings
During the term of the contract, the Program Manager reserves the right to schedule periodic group or individual meetings (anticipated to be once per quarter).

I. Content
The City retains control over all creative content, and is responsible for providing existing creative content to the Consultant. The City will work with the Consultant( s) to develop any new creative, including public service announcements, display ads, collateral materials, etc., as well as the technical and knowledge support required to execute any advertising activities. The City will be the sole authority in determining acceptability of Consultant(s) work product. a. References and Related Work Product Samples
The List of References form is required to be completed as reflected in Section K. Proposers and Subcontractors of Proposer are required to provide a minimum of four (4) references to demonstrate successful performance for work of similar size and specific scope of work per component specific for proposal submittal as specified in this contract during the past five ( 5) years. The name of the project and the dollar amount of the contract shall be provided for each listed reference along with contact information. Proposers and Subcontractors of Proposer must also demonstrate that they are properly equipped to perform the work as specified in this City Council 21 – 16 11/21/2023Page 6 of 10

CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
contract. Previous experience working with government agencies and working cooperatively with other companies/agencies/entities will be an important consideration. This will enable the City to judge product reliability, vendor performance, and other information.

City Council 21 – 17 11/21/2023Page 7 of 10

EXHIBIT B
LUCorporate
Office
VE
Tel: ( 714) 667-2300
Fax: ( 714) 667-2310
One City Boulevard West, Suite 1800
Orange, California 92868
ENVIRONMENTAL w eecenvironmental- corn
August 4, 2020
Ms. Kathia Reyes
City of Santa Ana
Public Works Agency
220 S. Daisy Avenue
Santa Ana, California 92703
Subject: Proposal to Provide Waste Discharge Requirements Compliance Services to the City of Santa Ana ( RFP No. 20- 089)
Dear Ms. Reyes:

EEC Environmental ( EEC), a privately held corporation ( C Corp), is pleased to submit this proposal to the City of Santa Ana to provide services requested in RFP No. 20-089, Waste Discharge Requirements Compliance Services. EEC' s proposal has been prepared pursuant to the RFP. EEC brings extensive experience and past success in developing, implementing, and managing State of California Waste Discharge Requirements ( WDR) mandated programs, including Sewer System Management Plans and fats, oils, and grease control programs. EEC is poised and prepared to assist the City with the many tasks and services associated with WDR compliance programs. WDR services will include, but will not limited to, auditing and updating the SSMP and overseeing and administering the FOG control program, including food service establishment inspections, enforcement of the City' s Municipal Code, public education and outreach, geographic information systems support, computer maintenance management systems support, and training.

Since 2003, EEC has assisted the City of Santa Ana with FOG program development and implementation as well as other WDR compliance -related services. As a result, the City has consistently remained in compliance with the WDR requirements and has experienced a steady decrease in FOG -related sanitary sewer overflows and an increase in FSE compliance throughout the City. EEC continues to add bilingual staff to its team and will continue to work with the City' s FSEs to develop a business -friendly, education -based atmosphere to achieve high compliance rates related to the City' s FOG control ordinance.

EEC has also assisted the City with a wide range of environmental compliance programs including cross -connection, drinking water discharge permitting, production well O& M assessment, water distribution infrastructure issues, stormwater compliance, and project management and staff assistance. Consequently, EEC has developed an unmatched understanding of the City's compliance program processes and knowledge of the City' s data management tools. Through the experience gained from our previous work for the City and for other sewer municipalities, the EEC team will continue to provide a flexible, safe, and costeffective approach to meeting the City' s compliance goals and needs. EEC' s previous and unique experience with WDR compliance throughout the U. S. and specifically with the City will ensure that there will be no learning curve associated with this project.

This proposal shall be valid for a period of 120 days after the submission of the proposal.

ENVIRONMENTAL I ENGINEERING I COMPLIANCE I SAFETY I TECHNOLOGY '._ City Council 21 – 18 11/21/2023 of Santa Ana 2020
Thank you for the opportunity to provide these WDR and environmental compliance services to the City. We look forward to the opportunity to discuss EEC' s proposal.

Respectfully,
EEC Environmental
t t
Jim Kolk
Principal Engineer
Enclosures: EEC Proposal to Provide FOG Program Management Services RFP # 20-089 2 EEC City Council 21 – 19 11/21/2023
j
p

PROPOSAL TO PROVIDE

WASTE DISCHARGE REQUIREMENT

COMPLIANCE SERVICES
l

FOR THE CITY OF SANTA ANA
RFP No. 20-089
August 4, 2020
City Council 21 – 20 11/21/2023
Table of Contents
Statement of Qualifications
Agreement Statement ................................

Firm and Team Experience ........................

Corporate Profile ................................

Background .........................

Project Team ......................................

Project Management ..........................

Understanding Scope of Services ..............

Relevant Project Experience ......................

References ................................................

FPPS
Scope of Services

ENVIRONMENTAL
EEC
1 1
2 3
5 5
6 10
10 CoreRequirements................................................................................................................... 11

1. WDR and SSMP Services....................................................................................... 11 Value -Added WDR/SSMP Services......................................................................... 13

2. FOG Program Management.................................................................................... 14 Value -Added Program Management Services......................................................... 15

3. FSE Inspections and Enforcement........................ ......... .......................................... 15 As -Assigned Tasks................................................................................................................... 18

1. Maintaining Maps and Database Records............................................................... 18

2. Training and Support............................................................................................... 19

3. General Environmental Compliance Support........................................................... 19 Cross -connection Program Support......................................................................... 19 Potable Water Discharge Permitting and Monitoring................................................ 20 Production Well O&M Assessment and Support...................................................... 20 Water Distribution Infrastructure.............................................................................. 21 StormwaterCompliance.................... ....................................................................... 21 Project Management and Assistance....................................................................... 22

4. General Sewer System O&M Support.....................................................................22 Source Identification, Prioritization, and Remediation.................................................... 22 Response to and Enforcement of Private Sewer Spills.................................................. 23 Sewer System Condition Assessment........................................................................... 23 Schedule................................................................................................................................... 25 Appendix A — Resumes
Appendix B - Forms and Certifications
Note: Fee proposal is provided as a separate submittal.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 August 4, 2020
City Council 21 – 21 11/21/2023
GEEC

ENVIRONMENTAL
Statement of Qualifications
Agreement Statement
EEC has read and agrees to any and all provisions contained in the standard agreement attached as Appendix 2 to the City of Santa Ana RFP No. 20-089 for Waste Discharge Requirement Compliance Services.

Firm and Team Experience
Corporate Profile
EEC Environmental ( EEC) is pleased to submit this proposal to provide continued Waste Discharge Requirements ( WDR) and environmental compliance services to the City of Santa Ana ( City). Based on EEC' s extensive experience and success in developing, implementing, and managing mandated programs, including Sewer System Management Plans (SSMP), fats, oils, and grease ( FOG) control programs, and a wide range of environmental compliance programs throughout the county, EEC is poised and prepared to assist the City with the multifaceted tasks and services associated with its existing WDR and environmental compliance programs. These services include, but are not limited to, auditing and updating SSMPs, providing oversight and administration of a comprehensive FOG control program, which includes food service establishment ( FSE) inspections, assisting with enforcement of the City's Municipal Code Article III, Chapter 39, Section 39-56, assisting in the response to sanitary sewer overflows (SSOs), public education and outreach, City personnel education and training, geographic information systems ( GIs) support, computer maintenance management systems CMMS) support, and training. This proposal was prepared in accordance with the requirements outlined in RFP # 20-089.

Number of Employees: 45
Years in Business: 25
Corporate headquarters: 1 City Boulevard West, Suite 1800 Orange, California 92868
Phone Number: 714) 667-2300
Fax Number: 714) 667-2310
Website: www.eecenvironmental. com
Certifications/Licenses: Class A General Engineering Contractors License #743267 Hazardous Substances Removal Certification
Small Business Enterprise ( CA DGS) # 15715
Small business as defined by the Federal Acquisition Regulations Tax Identification Number: 33-0665828
City Business License #: 189071
Primary Project Contact: Mr. Jim Kolk
Project Manager / FOG Program Manager
Phone: ( 714) 667- 2300
E- Mail: jkolk@eecenvironmental. com
Secondary Project Contact: Mr. Joseph Jenkins
Project Regulatory Specialist
Phone: ( 714) 667-2300
E- Mail: [email protected]
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 1 August 4, 2020
City Council 21 – 22 11/21/2023

ENVIRONMENTAL
EEC
Background
EEC is a full -service environmental consulting firm that provides top -tier environmental, engineering, technology, and consulting services to public and private entities throughout the United States. EEC was founded in 1995 to fulfill a need for technical excellence and personal service in environmental consulting. EEC comprises a team of experts in engineering, environmental compliance, environmental science technology and data management systems, chemistry, toxicology, hydrogeology, geology, and industrial hygiene.

EEC' s Engineering Division assists municipalities in the management and implementation of all aspects of their sewer collection system and associated programs. The division also performs compliance audits, designs and implements plans for treatment and reuse of wastewater, management of storm water, and remediation of soil and groundwater.

The Environmental Division routinely performs
Phase 1/ II ESAs; soil and groundwater
investigations; air monitoring; and asbestos and
lead testing. The division also prepares and
implements site assessment work plans,
preliminary endangerment assessments,
remedial action plans, and closure reports for
regulatory acceptance and approval.

The Construction Division supports projects
originating from the engineering and
environmental departments and also
undertakes projects independently. This
division removes underground and
aboveground storage tanks; installs, operates,
and maintains remediation systems; and
performs general construction services,
including operation of heavy equipment.

EEC' s Technology Services division provides
expertise in GIS and CMMS development, data
management, interpretation, and evaluation
that sets EEC apart from other consulting firms.

The division facilitates efficient collection,
organization, and review of large data
inventories and uses CAD and database
management technologies to support and
manage projects across the firm' s disciplines.

The department identifies the right technologies
for the client' s most critical needs and ensures
that the chosen technologies will stay relevant
and effective long after project completion.

EEC's administrative team support the entire
firm by conducting project -related activities,
such as document editing and production,
accounting, and invoicing.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 2 August 4, 2020
City Council 21 – 23 11/21/2023
Project Team
All selected key personnel have the necessary availability, credentials, licenses, and relevant experience required to successfully complete the proposed scope of work on schedule and within budget in accordance with the City's requirements. A summary of EEC key personnel, regulatory experience, registrations, and credentials is included in Table 1, Summary of Key Staff Qualifications. Key personnel resumes are included as Appendix A.

John Shaffer
Joe Jenkins
Baltazar Maldonado
Jordan Washburn
Fallon Franklin
Robert Schubert
Jim Kolk
Jim Kolk
John Shaffer
Najib Saadeh
Joseph Jenkins
Fallon Franklin
Alex Conner
Tristin Albers
Keith Silva
Dennis Kasper
EEC brings unique technical expertise to our projects and provides practical solutions for our agency, our satellite agencies, and our industries."
Mahin Talebi, Former Source Control Manager
Orange County Sanitation District
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 3 August 4, 2020
City Council 21 – 24 11/21/2023
Table 1, Summary of Key Staff Qualifications CEEC
Key Personnel/ Role
Years'
Exp. RegistrationsiLicenses/ Credentials Project
nt
Jim Kolk B. S., Industrial Engineering; PACP/NASCCO Certification; CWEA SSO Reporting Certified; 15%- 50%° Protect Manager
26 Co -Author and Researcher for Orange County FOG Control Study — Phase 11; as needed) Performed/ Managed 5, 000+ FOG inspections John Shaffer General Engineering Contractor; Co -Author, Lead Researcher for Orange County FOG 5 °/° -10 °/° Principal -in -Charge
30 Control Study — Phase I and Phase II; WEF/EPA FOG Control Workshop Contributor & as needed) Speaker; IAPMO FOG Task Group Member; CWEA FOG Inspector Trainer Keith Silva B.S., Aeronautical Operations; 40 Years at EPA Regions 7 & 9; Certified EPA Inspector; 5%- 10%
Regulatory Advisor
40+ Featured Speaker at CWEA Conferences; Works with Industry and Municipalities to Achieve as needed) EPA's Pretreatment Program Goals; Handles Difficult Compliance and Enforcement Cases Alex Conner GIS Specialist with a Bachelor's Degree in Geography; Advanced Knowledge of ESRI' s Data Management / 3 ArcMap and Online Platforms for Creating and Managing Geodatabases, Including the 25%- 30% GIS / Database Design Creation and Management of Field Crew Applications. Knowledge of Microsoft Access and as needed) AutoCAD as Supplementary Assets to Perform Mapping and Analytical Tasks Joseph Jenkins B.A., Business Administration; Environmental Management Certification; QISP; CWEA 20%- 50% Compliance Inspector/ 13 Environmental Compliance Inspector Grade I; OSHA 40-Hour HAZPWOPER Certification; as needed) Inspection Supervisor Inspection Management and Training; EEC Inspector and QA/QC Inspection Procedures Fallon Franklin B.S. Mechanical Engineering; OSHA 40- Hour HAZWOPER Certification; Compliance 50%- 60% Engineer / Compliance 4 Inspector; Conducted Hundreds of Inspections as needed) Inspector
Baltazar Maldonado B.S. Business Management; Compliance Inspector; Bilingual (English/Spanish); OSHA 40- p0%- 50%
Compliance Inspector
3 Hour HAZPWOPER Certification; Conducted Thousands of Inspections; SSO Investigation as needed) and Response Development
Studied Information Technology and Programming at North Central Michigan College; Jordan Washburn
2 California Water Distribution Level 1 Certification; OSHA 40-Hour HAZPWOPER Certification; 20%- 50% Compliance Inspector Compliance Inspector; Conducted Hundreds of Inspections; SSO Investigation and as needed) Response.

Robert Schubert M. S. Environmental Engineering 20%-50% Sr. Compliance 6 B.S. Civil Engineering as needed) Inspector I Compliance Inspector; Conducted Hundreds of FOG and NPDES Inspections; Ph. D. in Environmental Engineering and an M. S. in Civil Engineering from Caltech, Dennis Kasper, Ph. D. Pasadena, CA and a B.S. in Civil Engineering from Loyola Marymount University, Los 10% 20% Technical Advisor
38 Angeles, CA. Areas of expertise include: Desalination, Membranes, Water Treatment as needed)
Processes, Wastewater Reclamation, Island Water Supplies, Water Treatment Chemistry, and Distribution System Water Quality.

Proposal to Provide WEIR Compliance Services -
City of Santa Ana, RFP 20- 089 4 August 4, 2020
City Council 21 – 25 11/21/2023

ENVIRONMENTAL
EC
Project Management
The designated project manager, Jim Kolk, has served as the primary project manager for the City' s WDR compliance, environmental compliance, and FOG Control Program projects for the past 12 years and will continue to serve in this role ( for a minimum of 1 year). Jim will provide overall management and leadership to maintain an effective team, ensure availability of technical staff, maintain a high quality of work, ensure all work is performed pursuant to safety standards, and resolve project issues. While many tasks can and should be handled directly by technical staff, all project communication will be routed through Jim to ensure continuity of project tasks and control of project resources. If Jim is unavailable, Joseph Jenkins will serve as the secondary project manager.

EEC will continue to implement a quality assurance / quality control ( QA/QC) process that will include periodic reviews throughout the project. The project manager will ensure that required elements are effectively incorporated into the project and the principal -in -charge will ensure that the project manager is routinely performing this verification. Qualified team members with no prior involvement in the particular task will verify technical tasks, including intermediate calculations and determinations of key parameters, for accuracy and completeness. The project manager and, when appropriate, the principal -in -charge, will review all reports and presentations for technical content and format.

Understanding Scope of Services
EEC understands that the City wishes to partner with a consultant that possesses the expertise and proven experience to ensure the City' s continued compliance with the Statewide WDR and a variety of other mandated compliance programs. EEC shares in the City' s desire to develop effective water and sewer system programs that address regulatory requirements while maximizing the usage of available City resources.

Since the issuance of Order No. R8- 2002- 0014 by the California Regional Water Quality Control Board in 2002 and subsequent issuance of the current Statewide General WDR for Sanitary Sewer Systems ( Order No. 2006-0003-DWQ) in 2006 and Revised Monitoring and Reporting Program ( WQ 2013-0058- EXEC), EEC has applied its insight in developing and implementing practical and defensible programs designed to maximize resources, ensure clients' continued regulatory compliance, and reduce sanitary sewer overflows (SSOs).

EEC fully understands the intricacies of the WDR, including the biannual internal program audits and 5-year SSMP update processes. Extensive experience in developing SSMP programs, auditing programs, and developing supporting documentation for various cities and sewer agencies has armed the EEC team with the tools necessary to advise the City on quarterly WDR training, SSO contingency planning, and ongoing WDR compliance.

Having previously assisted the City to implement GIS and InfraMAP software for sewer system maintenance, EEC fully understands the task of developing a sewer system maintenance program schedule to optimize cleaning frequencies and maximize City resources. EEC also understands the importance of a timely response to minimize the environmental impacts of SSOs and importance of reporting accurate volume estimations and timely reporting to the California Integrated Water Quality System ( CIWQS) as required by the WDR.

Having provided FSE inspection services for the City, EEC knows how critical it is to maintain positive relationships with the local business community. EEC has conducted more than 20,000 Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 5 August 4, 2020
City Council 21 – 26 11/21/2023
FSE best management practice ( BMP) inspections and more than 18,000 grease interceptor/trap inspections, issued notices of non- compliance, and conducted follow-up inspections to ensure FSEs' compliance with FOG control requirements. EEC's
inspection services enhance and use existing agency resources, such as GIS and FSE databases, to maximize the efficiency and efficacy of FOG control efforts. EEC understands that FOG source control is the first line of defense in controlling SSOs caused by FOG blockages and combines two important
elements: BMPs and proper maintenance of grease -removal equipment (GRE).

CEEC

ENVIRONMENTAL
FOG in FSE Kitchen
Successful FOG control programs contain several critical elements: First, effective FOG control programs need a strong FSE education and outreach program and an effective inspection program to monitor and enforce the implementation of BMPs. Education, inspection, and enforcement programs are key to the success of the second element: the proper design, installation, and maintenance of GREs to capture of FOG that finds its way into drains at FSEs before it flows to the public sewer system. EEC's staff is experienced in every facet of FOG control and includes engineers and field inspectors who are well equipped to assist the City to address all FOG -related issues.

EEC' s diverse staff brings an extensive range of water and wastewater compliance experience beyond FOG/WDR programs. EEC' s experience includes, but is not limited to: cross -connection program support, potable water discharge permitting and monitoring, production well O& M assessment and support, water distribution infrastructure, stormwater program compliance, compliance related business process development, project management, and assistance.

Relevant Project Experience
EEC has a demonstrated understanding of the SSO WDR, from its 2002 inception to its current form. Since 2003, extensive experience providing FOG control program and WDR services and complementary services have gained EEC an excellent reputation and working relationship with federal, state, and local agencies.

EEC has provided similar services to 30+ cities and sewer districts in Southern California, including the following:

City of Anaheim City of Santa Ana Garden Grove Sanitary District City of Fullerton City of Stanton Irvine Ranch Water District City of La Habra County of Orange Midway City Sanitary District City of Orange Costa Mesa Sanitary District Orange County Sanitation District EEC understands the City of Santa Ana' s FOG control program database and FSE inspection program in detail. Through previous work for the City and unique knowledge of the City's FOG control program, EEC will continue to provide a flexible, cost-effective approach to meeting the City's project goals and needs. The following concise project descriptions provide just a snapshot of EEC' s relevant project experience.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 6 August 4, 2020
City Council 21 – 27 11/21/2023
CEEC

ENVIRONMENTAL
City of Santa Ana: WDR Compliance, FOG Program Management Services Contact: Mr. Rudy Rosas, Principal Civil Engineer (714) 647-3379 EEC has provided a wide variety of WDR and environmental compliance including the 2013, 2015, 2017 and 2019 internal SSMP audits, the 2020 SSMP update, program development and implementation of the Drinking Water Systems Discharge Permit, as well as cross - connection program and smart water meter infrastructure program support. EEC developed, implemented, and helped the City manage its FOG control program, and has been inspecting FSEs in Santa Ana for the past 14 years. EEC compiled and maintains an exhaustive list of FSEs within the City's boundaries and inspected each FSE for inventory cooking equipment,
fixtures, floor sinks and drains, and GREs, and to evaluate FSEs' compliance with FOG program regulations. EEC has Inspector Using Mobile Device to maintained FSE and kitchen equipment inventory in the Gather FSE Data City' s infraMAP database and created inspection
frequencies based, in part, on an FSE' s potential to release FOG into the sewer system. EEC used the City's GIS to determine an FSE's potential to impact sewer line elevated maintenance locations (EMLs). This project will conclude September 2020.

Project highlights include the following:

Internal SSMP audit
Operation & maintenance manual
development and regular updates
SSMP update
SSO response manual development
SSO emergency response training
FOG program development and
management support
Permitting inspections
FSE kitchen BMP inspections
GRE inspections
services to the City,
FSE non- compliance notifications
Compliance inspection and follow-up
efforts
SSO response and support
Mobile FOG inspection deployment
Operations and maintenance program
standard operating procedures
Misc. NPDES permitting support
Cross -connection guidance
documentation development
AMI and supplemental staff support
Costa Mesa Sanitary District: WDR Compliance, FOG Program Management Services Contact: Mr. Scott Carrol, General Manager, (949) 645-8400 EEC currently provides many of the same services the City is requesting— WDR and SSMP support, FOG program management and inspections, GIS support, CMMS support, and modeling services —to the CMSD. This project is ongoing.

Some project highlights include the following:

Internal SSMP Audit
SSO evaluation and follow-up
Enforcement program development
and management
Cityworks implementation and support
FOG program development and
management
FSE database creation / management
Infiltration and inflow analysis support
GIS development and management
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 7 August 4, 2020
City Council 21 – 28 11/21/2023
FSE FOG inspections and follow-up Hotspot analysis
CCTV source identification inspections Hydraulic modeling Training services
City of El Segundo: WDR Compliance, FOG Control Program Support Contact: Mr. Lifan Xu, Principal Civil Engineer, (310) 524-2368 In 2014, EEC audited the City of El Segundo's internal SSMP review and updated its SSMP pursuant to the WDR. EEC
also updated the City' s SSO Emergency Response Plan
ERP) to comply with the recently updated Monitoring and Reporting Program. Additionally, EEC compiled and
maintained an exhaustive list of FSEs within the City' s boundaries that would require inspection of cooking
equipment, fixtures, floor sinks and drains, and GREs and to evaluate compliance with FOG program regulations. This
project is ongoing.

The project scope included the following:

CEEC

ENVIRONMENTAL
Typical Vaccon Truck
SSMP internal audit Permitting inspections
SSMP update . BMP and GRE inspections
SSO ERP update . Compliance inspections
Program creation and management
Irvine Ranch Water District: FOG Program Management and Inspection Services Contact: Ms. Frank Soto, Regulatory Compliance Manager, (949) 453-5844 EEC conducted a FOG characterization study that included more than 800 FSE initial inspections within the Irvine Ranch Water District's ( IRWD' s) service area and continues to support the district's FOG control program efforts, including FSE inspections. GREs are inspected for size, operational status, and structural condition, and FSEs are educated about the FOG program. EEC developed a geodatabase to enhance analysis of the data collected; FSE and GRE data were further analyzed relative to SSOs and sewer hotspot locations.

Inspection data were instrumental in developing IRWD' s FOG program, providing a basis for prioritizing FSE permitting and inspections as well as optimizing IRWD' s resources. This project is ongoing.

The project scope included the following elements:

Program creation and management
Permitting inspections
BMP and GRE inspections
Compliance inspections
Nonroutine customer support
H2S testing and monitoring
FSE plan submittal program development and management
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 8 August 4, 2020
City Council 21 – 29 11/21/2023

ENVIRONMENTAL
EEC
City ofAnaheim: WDR Compliance, FOG Program Management and Inspection Services Contact: Mr. Jonathan Heffernan, Operations Supervisor, (714) 765-6860 EEC has provided FOG program services to the City of Anaheim since 2008. Services have included FSE inspections, development of the City's FOG program manual, and guidance on analysis of FSE contributions to sewer line hotspots and SSOs. During SSO events, EEC provided support for follow-up inspections, corrective action tracking, and GIS development to aid in analysis of FSE and SSO relationships. EEC has assisted the City to review FSE variance and waiver requests, including site inspections, to verify site limitations or identify alternatives to preclude the need for a variance. In 2013, EEC audited the City's internal SSMP. This project is ongoing.

The project scope included the following elements:

SSMP internal audit
Compliance/enforcement inspections
New FSE permitting inspections
New FSE building plan and variance request review
SSO response support and training
FSE NPDES inspections
FSE BMP/ GRE inspections
GIS development
Sewer design manual and sewer bypass guidance development Sewer capacity analysis and assessment support
City of Los Altos: WDR Compliance and FOG Program Management Contact: Aida Fairman, P. E., Engineering Services Manager, (650) 947- 2603 Since 2014, EEC has managed and completed the FOG
program inspections for the City of Los Altos. In the first year, EEC completed an inventory of food service facility ( FSF) equipment and grease interceptor status. For FSFs that did not have grease interceptors, EEC worked with the City and the FSFs to install an approved grease interceptor. Each year, EEC has completed the required inspections on -time including the necessary follow-up and enforcement actions, binder and Excel table deliverables, and has assisted the City with any
additional FOG program needs including educational
material development and plan review.

The project scope included the following elements:

FOG Program Management
BMP inspections
BMP/GRE Inspections
Inspection routing
Inspection QA/QC
Inspection management
Inspector Reviewing
Site Safety Plan
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 9 August 4, 2020
City Council 21 – 30 11/21/2023

ENVIRONMENTAL
EEC
References
EEC' s WDR compliance services have consistently provided the firm' s clients with pragmatic solutions that enable development of clear and attainable plans for ongoing sewer system management, operation, and maintenance. The list below identifies current and/or past clients who can, and are willing to, attest to the quality and timeliness of EEC' s services related to WDR and environmental compliance, SSMP auditing, and FOG control program management Table 3, EEC Project References). RFP Attachment 3: References, has also been completed and is included with completed forms as Appendix B.

Table 3, EEC Project References
AgencyDetails
Mr. Scott Carroll
Costa Mesa Sanitary General Manager
110,000 District 949) 645- 8400 ext. 223
scarroll crosdca. ov
Mr. Brian Jones
City of La Habra Water and Sewer Manager
15, 000 brianj@lahabra. com
562 905- 9792
Mr. Cesar Barrera
City of Santa Ana
Principal Civil Engineer
300,000
[email protected]
714 647-3387
Mr. Jonathan Heffernan
City of Anaheim Operations Supervisor
200,000
jeffernan@anaheim. net
714 765- 6860
Mr. Lifan Xu
City of El Segundo
Principal Civil Engineer
25, 000
[email protected]
310 524- 2368
Mr. Frank Soto
Irvine Ranch Water Regulatory Compliance 165,000 District 949) 453- 5844 soto@irwd. com
Fees
A fee proposal is provided in a separate submission in the PlanetBids system.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 10 August 4, 2020
City Council 21 – 31 11/21/2023

ENVIRONMENTAL
EEC
Scope of Services & Schedule
Core Requirements
Waste Discharge Requirements (WDR) and Sewer System Management Plans SSMP)
The EEC team has conducted a wide range of program audits, including SSMP audits, that has provided EEC with a unique insight to both a regulator's view on conducting audits and a regulated entity's view on being audited. EEC will provide the City with the following WDR and SSMP support services under this task:

A. Perform the 2-year internal audit due in 2021. The audit will include a report of the findings and recommendations identified during the audit.

The cornerstones of EEC' s expertise in SSMP program audits are extensive knowledge of key SSMP program elements in line with regulatory requirements and a breadth of experience that informs a complete, candid assessment of an agency's conformance or deficiency. Pursuant to the WDR requirements for SSMPs, EEC' s focuses on evaluating the key elements of the SSMP:

1. Goals and metrics

2. Organization and staff

3. Legal authority

4. Operation and maintenance program

5. Design and performance provisions

6. Overflow emergency response plan

7. FOG control program

8. System evaluation and capacity assurance plan

9. Monitoring, measurement, and program modifications
Often, the SSMP internal audit is conducted merely as a formality to satisfy the minimum requirements of the WDR. EEC takes a somewhat different approach and views the audit from the perspective of a regulator. A regulator is looking for an honest assessment and program modification that brings about true improvement in program performance ( where needed).

Therefore, the key objectives of EEC' s SSMP audit is to candidly evaluate how implemented programs are impacting the reduction of SSOs and evaluate the proper ongoing management, operation, and maintenance of sewer system assets.

EEC's general approach to SSMP internal audits is threefold:

1. Evaluate the level of conformance of the City's SSMP to the WDR. This is accomplished primarily through a desktop review of the SSMP and supporting documentation. EEC is thoroughly familiar with recent changes to the Monitoring and Reporting element of the WDR and will ensure the City' s SSMP appropriately addresses these changes.

2. Assess the level of conformance of the City' s field practices with SSMP policies and procedures. This includes a detailed review of program -related documents ( e.g., work orders, standard procedures, etc.) and data ( e. g., line cleaning history, staff training records, Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 11 August 4, 2020
City Council 21 – 32 11/21/2023

ENVIRONMENTAL
EEC
etc.), as well as comprehensive interviews with City staff and field observation of key staff activities.

3. Use the audit findings to develop practical and defensible recommendations for program improvement. EEC will prepare a report summarizing the audit findings that will include classification of any identified nonconformances ( i. e., major or minor nonconformance).

The report will also contain recommendations for program improvements based on EEC' s experience with successful aspects of similar programs and input received during the staff interview process.

Analyzing the SSMP and identifying deficiencies in this manner will allow the City to maintain control of the
definition and implementation of its programs rather than putting that control in the hands of a regulator. For
example, in evaluating the City's SSO emergency response plan, EEC will not only confirm that current practices are in place and followed, but will also assess the defensibility of key response procedures, such as SSO volume estimating
techniques. This approach parallels a regulator's approach and allows the City to stay ahead in the process. SSMP Audit Staff Interview Headquartered in Orange, CA, EEC is located close to Santa Ana and will work around the City staff members' schedules to ensure the audit process is not intrusive but is thorough enough to satisfy the WDR requirements and improve the City's SSMP programs. EEC anticipates conducting one SSMP audit over the next two years.

B. Prepare the 2024 SSMP update using information obtained from the SSMP audits.

Pursuant to the SSS WDR, enrollees must update their SSMP once every 5 years to reflect the enrollee's current SSMP-related practices and the changes recommended during internal SSMP audits. Having audited the City' s SSMP in 2017 and 2019 and having updated the City's SSMP in 2019, EEC is intimately familiar with the City' s SSMP and can readily ensure it stays current and accurate. EEC anticipates performing one SSMP update by 2024.

C. Provide quarterly WDR training and advising City staff on emerging issues, revisions, and additions to the SSS WDR.

EEC has provided previous similar training to City staff regarding SSO emergency response procedures and general WDR requirements. EEC will coordinate with City personnel to establish a training schedule and determination of requested training topics. Training topics may include gravity and lift station SSO/emergency response, WDR and SSMP requirements and contents, FOG program management, drinking water system permitting requirements, water treatment processes. This core services task will be performed as an element of As -Assigned Training and Support services.

EEC's expertise and responsiveness was instrumental in helping our city meet new stringent sewer regulations."
Ray Burk, Former Principal Civil Engineer
City of Santa Ana
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 12 August 4, 2020
City Council 21 – 33 11/21/2023
CEEC

ENVIRONMENTAL
D. Update and provide training on the SSO contingency plans for the two City sewage lift stations.

The risk of large SSOs is magnified in the event of sewage lift station failures. In collaboration with the City, EEC has developed an SSO contingency plan for the two lift stations and will continue to work with the City to update the plans and provide training for staff on specific plan procedures.

E. Provide SSO response support, including data analysis, volume estimating, reporting, etc A timely response to any SSO is critical not only to minimize the environmental impact of the spill, but also to
collect/analyze the information needed to determine the _ cause( s) of the spill. EEC currently supports the IRWD,...

CMSD and the City of Santa Ana with follow-up
investigations of private SSOs. Investigations consist of identification of the cause( s) of the SSO and discussions with agency staff to determine the required corrective
actions. Preliminary discussions are conducted with property owners to implement corrective actions. EEC fully 550 Spill Simulation understands the importance of accurate volume estimations and timely reporting to CIWQS. EEC will continue to provide SSO response support and assist the City in training personnel on appropriate volume estimation methods and reporting forms.

This core services task will be performed as an element of As -Assigned General Sewer System O& M Support services.

F. Develop a sewer system maintenance (cleaning) program and schedule As part of the SSMP and the City' s asset management endeavor, EEC will advance development of the sewer system maintenance and cleaning program and schedule. The program and schedule will prioritize sewer main cleaning based on parameters such as topography, pipe condition, flow characteristics, and historical inspection analyses. The sewer maintenance program is intended to optimize cleaning frequencies and resource deployment.

EEC had previously developed and initiated pilot testing of this asset management practice with the City and is prepared to further test and implement the methodology system wide. Along with development and coordination with City field personnel, EEC deliverables will include cleaning program maps in formats compatible for use with the City' s infraMAP software. This core services task will be performed as an element of As -Assigned General Sewer System O& M Support services.

Value -Added WDR/SSMP Services
EEC continues to serve local governments in developing, implementing, and monitoring sensible sewer system management programs tailored to address specific local conditions and ensure compliance with applicable WDR requirements. EEC has unmatched expertise in key SSO mitigation strategies, including FOG control programs, preparation of overflow ERPs, and SSMP performance assessments and audits. EEC continues to assist cities and independent special districts, including the Cities of Santa Ana, Stanton, La Habra, Buena Park, El Segundo, and Anaheim, as well as CMSD, with development, implementation, and/ or audit of their SSMP strategies.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 13 August 4, 2020
City Council 21 – 34 11/21/2023
The EEC team has comprehensive knowledge of the evaluation and development of SSO ERPs. In fact, EEC assisted the City of Santa Ana in 2019 and City of El Segundo in 2014 to update their respective SSO ERPs. SSO ERP updates are based on recent program enhancements, personnel and equipment changes, and recent changes to the State's WDR requirements for monitoring and reporting SSOs.

EEC also provides WDR/SSMP training support, including SSO emergency response training to sewer system maintenance staff. In 2019, EEC conducted SSO emergency response training for the City, which consisted of an evaluation of current practices and procedures, a presentation on the recent updates to the State' s monitoring and reporting requirements, and SSO volume calculation examples.

2. FOG Program Management
EEC currently manages FOG programs for several Southern California agencies and uses sophisticated database and GIS tools to collect, organize, analyze, and manage FOG data.

Having been closely involved in the development and implementation of key FOG control program tools and processes, EEC's technical and field staff is thoroughly knowledgeable of field data acquisition systems and workflows currently employed by the City. EEC will provide the following services under this task:

Collect, organize, and manage the City' s FOG Control Program data.

Provide monthly reports summarizing activities conducted and recommendations to the City's FOG Control Program Manager.

Conduct regular meetings with City staff to evaluate the FOG Control Program, provide recommendations, and prioritize project efforts.

Monitor the Orange County Health Care Agency' s ( OCHCA's) inventory of restaurants and append any updates, changes, or additions to the City' s FSE inventory.

Using the City' s current FOG infraMAP database, maintain the FSE inventory, inspection schedule, and FSE inspection frequencies and prioritization. Inspection frequencies and prioritization will be based on FOG production, compliance history, elevated maintenance location relationships, and SSO history.

Establish inspection schedules and coordinate and assign inspection tasks to the City' s code enforcement inspectors and EEC's compliance inspectors using infraMAP and GIS tools.

Develop reports to summarize inspection results and compliance efforts.

Secure and append OCHCA's NPDES inspection data to the City' s geodatabase for analysis and to identify necessary NPDES follow-up inspections. EEC will ensure that data are properly assigned to FSEs and violations are correctly identified. FSEs with current violations will be properly identified on the map interface used by inspectors.

Use infraMAP software and ArcGIS to record inspection results and manage inspections.

Provide support for the City' s wireless inspection process, with which EEC is familiar.

Having played a pivotal role in the system' s implementation, EEC is familiar with the City' s mobile data acquisition systems, including hardware, operating systems, software, network structures, and evolving technologies.

Develop residential FOG educational/guidance materials and a plan to address residential grease discharge and disposal practices.

As needed, develop and coordinate evaluation of new and emerging grease -control technologies, including GRE and chemical/ biological additives.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 14 August 4, 2020
City Council 21 – 35 11/21/2023
Provide the City with background and update information regarding current and emerging MS-4 requirements, as they relate to the WDR.

Obtain data and information to keep the FSE inventory up to date.

Manage and process inspection pictures, GRE requirement documents, permits, and other documents for all FSEs. EEC will update and maintain the geodatabase with document information that will enable inspectors and managers to access documents through the infraMAP interface.

Review the City Municipal Code and recommend modifications or enhancements to the FOG control program.

As needed, conduct site assessments of FSEs to determine or evaluate GCD retrofit options.

Manage the FOG geodatabase and GIS files, such as map documents.

Provide follow-up documentation assistance and expertise to City's FOG Control Program Manager.

Conduct QA/QC reviews of FSE inspection results.

Coordinate, establish work schedules, and provide educational and training information to City personnel as needed or as requested by the City.

Provide the City with experienced and knowledgeable professional staff, during and outside of normal work hours (as needed).

This core services effort will be performed as an element of As -Assigned FOG Program Management services.

Value -Added Program Management Services
Based on its recognized FOG expertise, EEC has been able to work with agencies across the country, exposing the team to a variety of innovative ideas and concepts that can be shared with the City. EEC also works with some of the City's neighboring agencies and can share field intelligence regarding sewer investigations and FSE issues that might impact the City' s programs.

3. FSE Inspections and Enforcement
EEC will provide well qualified and experienced personnel, including bilingual inspectors where necessary, to conduct routine FOG inspections. EEC will monitor inspection progress using the City' s infraMAP and GIS tools to ensure the FOG control program tasks are on track to meet inspection and follow-up targets. EEC routinely performs QA/QC, from work order initiation to project completion, of FOG inspectors as well as the data entered into databases and sync' d with the City. EEC will work with the City' s FOG Control Program Manager to evaluate the continued implementation of FOG -risk —based inspection prioritization processes to further optimize the City's inspection resources. EEC will provide the following services under this task:

Conduct on -site, physical inspections of FSEs as
determined by City's FOG Control Program Manager
Provide bilingual outreach and educational materials to FSEs, including inspection summary reports
Provide the City, as needed, with educational and BMP
information
Promote the importance of kitchen BMPs
Coordinate and establish work schedules
Permitting Inspection Inventory
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 15 August 4, 2020
City Council 21 – 36 11/21/2023
QEEC

ENVIRONMENTAL
Require inspectors to clearly identify themselves both verbally and with proper identification badges as contract inspectors of the City Require inspectors to identify their vehicles with decals as contract vehicles of the City Specific FSE inspection categories include the following:

1. Permitting Inspections. EEC will conduct initial permitting inspections for new, change -of - ownership, and remodeled FSEs. Through initial inspections, also referred to as FSE characterization, EEC will identify the type of food, cooking equipment, and kitchen practices that risk contributing FOG to the sewer system. Each FSE will be provided with bilingual educational materials that will help the FSE reduce the amount of FOG released into the City' s sewer system. EEC inspectors will review the permit memorandums generated for each new FSE and will confirm the installation of a GRE if required by the memorandum. Approximately 100 permitting inspections are anticipated per year.

2. Grease -Removal Equipment Inspections. EEC will
conduct GRE inspections for FSEs with a grease interceptor or grease trap to ensure each device is in good operating
condition and confirm that appropriate maintenance practices are implemented. The inspections are comprehensive and
thorough to support potential enforcement efforts in the future.

EEC inspectors will conduct the following:

Measure the layer of floating FOG and settable
solids Interceptor Sample Box Inspection
Determine conformance with compliance criteria
Inspect the mechanical condition of the GRE
Review the maintenance logs and record the last pump -out date Review GRE pumping record keeping
Document and capture photographic evidence of all violations An estimated 350 GRE inspections are anticipated per year.

3. Best Management Practice Inspections. Having
conducted more than 20,000 kitchen BMP inspections,
EEC understands the importance of educating FSEs on
proper BMPs. EEC will conduct BMP inspections to
evaluate compliance with all required kitchen BMPs,
including employee education and training practices.

These inspections also provide an opportunity to provide new program educational materials.

Specifically, EEC inspectors will assess the following
Removal of food grinder
Lateral cleaning and spill log maintained
Drain screens installed/maintained
Kitchen signage ( BMP poster) posted
Food waste disposal practices
Emergency spill response materials
Identification of BMP Violation
Utilization of drainage additives
Segregation and proper storage of
waste cooking oil
Grease collection log maintained
Employee training log maintained
Scraping practices
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 16 August 4, 2020
City Council 21 – 37 11/21/2023
An estimated 500 BMP inspections are anticipated per year

4. FSE Compliance Inspections. ECC will conduct follow-up inspections for non- compliance issues as required by the City' s FOG Control Program Manager. This may include issuance of notices of violation to FSEs that are found to be in non- compliance with the FOG control regulations. An estimated 200 compliance inspections are anticipated per year.

EEC will help the City manage enforcement actions for violations of the City' s Municipal Code, Sec. 39-56. For any FSE or critical source facility identified with deficiencies, EEC will meet with FSE manager(s)/ owner(s) or property owner(s) to discuss violations and enforcement and to help them develop an appropriate corrective action plan to achieve and maintain compliance.

Based on the results of follow-up inspections and issued notices of non-compliance, EEC will review, provide recommendations, and assist the City with any enforcement actions required as a result of violations of the FOG ordinance. This task will be performed as an element of As - Assigned FOG Program Management services.

5. National Pollutant Discharge Elimination System Inspections. EEC will conduct inspections to follow up on NPDES violations identified by the OCHCA. OCHCA inspectors evaluate the following during inspections:

FC60- NPDES - Improper Oil/ Grease Disposal
FC61- NPDES - Refuse Containers/Trash Bin Enclosure
FC62- NPDES - Washing Mat/Filter/Trash Bin Parking/Street FC63- NPDES - Improper Methods Spill Cleanup/ Hosing Area FC64- NPDES - Maintenance Records: Lack of / Not Current FC65- NPDES - No Observations Recorded
EEC is intimately familiar with the follow-up actions necessary for each observation and will confirm if an FSE has conducted/ implemented the corrective actions requested by the OCHCA.

An estimated 300 NPDES inspections are anticipated per year.

6. Limited Food Preparation Inspections. EEC will conduct inspections of known or probable LFP facilities to confirm their FOG discharge status. Inspections of known LFPs will be conducted every 3 to 5 years to assess if the LFP's practices have undergone changes that could warrant inclusion of the facility in the FOG Control Program as an FSE. These inspections include a quick observation of any food preparation areas to assess if equipment has changed.

An estimated 100 LFP inspections are anticipated per year.

EEC understands the City' s FSE inventory database and key FSE details necessary to determine each FSE' s potential to discharge FOG into the sewer system ( e.g., cooking equipment). EEC inspectors are proficient users of the City's inspection software and will not require any additional training. Inspection results collected in the field are recorded in the geodatabase and used to determine the FSE' s compliance status and history. The geodatabase is managed and maintained by two applications, Esri' s ArcGIS and iWater's infraMAP. This task will be performed as an element of As -Assigned Map and Database services.

Finally, EEC inspectors are extensively trained in inspection safety and have an impeccable safety record. EEC inspectors also receive training in SSO response procedures and know the SSO emergency response procedures implemented by the City.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 17 August 4, 2020
City Council 21 – 38 11/21/2023
As -Assigned Tasks

1. Maintaining Maps and Database Records
EEC fully understands the City's use of GIS and other systems to data and inspection tasks. EEC understands that the City may nee services to continue extensive use of these systems.
manage the FOG program
I mapping and GIS support
Since 2004, EEC has provided GIS support services to the City, including determining the most effective way to manage the City's FOG Control Program using GIS. EEC has supported the City's implementation of ArcGIS and infraMAP software to manage inspections of the 1, 000+ FSEs and 200+ GREs in the City.

EEC will provide the following mapping and database services, as assigned under this task:

Review inspection records and results for quality assurance and control purposes.

Add, edit, or delete records and map points as FSEs and GREs are added or deleted from the inventory.

Edit existing records and feature classes to reflect true field conditions. This includes maintaining a graphical representation of FSE and GRE relationships.

Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. When necessary, EEC will provide a GIS analyst for on -site support.

Coordinate with staff and technology consultants to define required WDR program workflows and support integration with emerging technology.

Use GIs tools to assist staff with SSO response.

Use GIS tools to generate monthly activity reports.

Use data validation tools to review feature class data including FOG inspection activity data.

Assist the City with maintenance data analysis and O& M task optimization.

The FOG program geodatabase is also used to manage issuance of notices of violation and subsequent compliance inspections. Using these GIS and database resources developed in house, EEC will continue to provide effective and efficient inspection management services for the City. EEC will also provide on -site GIS support, including geodatabase editing, feature class development, and map document development.

EEC has developed customized tools to query and review
copious amounts of FSE data for analysis and reporting. For example, an inspector or manager can find an SSO or EML in the GIS and readily identify the associated FSEs. Hyperlink tools in the GIS are provided to quickly query the FSE
database to return pertinent information related to FSE inspection histories, site pictures, and inspection reports.

Manhole Elevation Analysis
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 18 August 4, 2020
City Council 21 – 39 11/21/2023

ENVIRONMENTAL
EEC
While the focus of this scope of work will be on FOG program management, EEC understands that FOG is not the only cause of SSOs and that a thorough understanding of the sewer system is critical to preventing SSOs. EEC' s experience in sewer line characterization activities has provided a keen understanding of how hydraulic defects in the sewer, such as offset joints, roots, and sags, can impact the ability of a sewer to transport grease within the sewer system.

Through utilization of GIS and FSE databases, EEC will provide simple, efficient solutions for organizing, managing, and coordinating all sewer line EMLs related to FSE enforcement activities.

The estimated level of effort for as -assigned mapping and database services is projected at approximately 150- 175 hours.

Value -Added Mapping Services
EEC worked closely with iWater to develop the FOG inspection module in a manner that upheld the City' s high standards for FOG inspections. EEC understands the software and can recode, modify, troubleshoot, and correct functionality issues as needed. EEC also designed and implemented the geodatabase in which all inspection data are stored and can modify the geodatabase as the City' s FOG program evolves. EEC has and can continue to provide specialized GIS and CMMS training specific to the City' s GIS configuration and process workflows. Additionally, EEC can augment City staff with on -site GIS support staff as necessary.

2. Training and Support
EEC will continue to provide the City with FSE inspection process training as assigned. EEC developed and currently conducts California' s only Grease Interceptor Inspector Training Workshop for the California Water Environment Association ( formerly conducted for CaIFOG).

To date, EEC has conducted seven workshops and trained more than 400 inspectors. EEC most recently provided specialized training for City Redondo Beach and South San Luis Obispo Sanitation District inspectors and has previously provided training for several of the City of Santa Ana Code Enforcement staff. EEC can also provide mobile data acquisition training for the City' s FOG inspectors to demonstrate how FOG and NPDES inspection data is recorded and how to determine inspection priorities in the infraMAP software.

EEC will continue to provide periodic training for City staff and a wide variety of topics. Previous training events included WDR updates, SSMP contents goals and objectives, FOG Program elements and GIS support and mapping systems. For each field or classroom training event, a roll call sheet is generated, and each attendee is provided a copy of the training slides. During project kick-off, EEC will coordinate with City personnel to establish a schedule for regular training events.

The estimated level of effort for as -assigned training and support services is projected at approximately 150- 175 hours.

3. General Environmental Compliance Support
Cross -connection Program Support
A key mandated program under the Water Resources Division purview is the cross -connection program, aimed at protecting the public water system from hazardous contamination or pollution. The City has procedures in place to ensure businesses are outfitted with the proper backflow prevention devices as well as procedures for routine inspection and test of these Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 19 August 4, 2020
City Council 21 – 40 11/21/2023
QEEC

ENVIRONMENTAL
devices. In collaboration with the City, EEC has outlined a series of guidance documents geared towards assisting business owners in more clearly understanding cross -connection program requirements. An initial draft of the manual for food processing facilities has been prepared and is under review by City personnel. As assigned, EEC will continue to assist the City in the development of additional cross -connection program guidance manuals for other business sectors including services, manufacturing, medical, restricted operations, and miscellaneous other facilities.

Additionally, several private and City owned properties are served by recycled water supplies.

EEC can continue to support the documentation and field verification efforts for these on -site recycled water conveyance systems. These efforts will continue to be performed in close coordination with City personnel with the resulting findings and drawings being prepared in a manner suitable for import into the City' s GIS database.

The estimated level of effort for as -assigned cross -connection program support services is projected at approximately 150- 200 hours.

Potable Water Discharge Permitting and Monitoring
EEC can continue to assist the City with the renewals of the permitting and monitoring associated with the City drinking water system discharges. EEC is intimately familiar with the permitting requirements and will assist the City with routine monitoring and reporting as well as permit renewals. EEC will continue to train City personnel on the monitoring and reporting requirements of this state mandated program. EEC can assist City personnel with collection and testing of required discharges and help to ensure suitable methods and protocols are adhered to. EEC can also support development of project specific discharge monitoring protocols as well as implementation proper notification procedures.

The estimated level of effort for as -assigned potable water discharge permitting and support services is projected at approximately 80- 100 hours.

Production Well O& M Assessment and Support
EEC is an expert in per- and polyfluoroalkyl substances ( PFAS) consulting and is currently providing " Owners Representative" consulting support for the City as it addresses PFAS contamination in a production well. EEC' s PFAS team has extensive expertise in PFAS chemistry, characterization, remediation, residual management, and its unique regulatory challenges, particularly in California.

All of this expertise is being used to assist the City as it works with the Orange County Water District ( OCWD) and their consultants to develop a plan to design and install wellhead PFAS treatment for the City' s impacted wells. EEC already provided extensive technical and regulatory assistance to the City as it responded to a Draft Producer Report from OCWD' s consultant, that addressed a variety of topics:

The significance of PFAS Notification Levels ( NLs) vs. Response Levels ( RLs) Comparison of Granular Activated Carbon ( GAC) vs. Ion Exchange ( IX) at each potential impacted well site
Evaluating capital costs vs. on -going O& M costs
Evaluating OCWD' s rapid small- scale column testing ( RSSCT) and pilot testing results and the need for further pilot tests
Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 20 August 4, 2020
City Council 21 – 41 11/21/2023
Protecting the City's interests while supporting OCWD' s need to remediate the basin As assigned, EEC will assist the City as it works with OCWD's design engineer, to develop the most appropriate treatment design for each impacted well.

The estimated level of effort for as -assigned production well O& M assessment and support services is projected at approximately 150-200 hours.

Water Distribution Infrastructure
EEC has and can continue to assist the City with a wide variety of water distribution infrastructure needs. EEC is equipped to collect samples, facilitate maintenance activity scheduling, assist with routine monitoring and reporting, and develop critical procedures and protocols. Recently, EEC assisted the City in the planning for the Automated Metering Infrastructure ( AMI) project and in preparing a Request for Proposal ( RFP) seeking a qualified AMI Consultant to provide professional services for detailed planning and assistance in the selection and implementation of an AMI system. These efforts led to the selection of a highly qualified contractor being selected to assist the City in developing detailed strategies, design, and plans for AMI implementation. EEC assisted the City during all preliminary phases of the AMI project from the preparation of the first RFP and contractor selection and is currently supporting the final stages of contracting with the selected AMI and MDMS contractors. Once the agreement is finalized between the City and the selected AMI and MDMS contractors, and the execution of the work commences, EEC is prepared to continue providing support to the City Project Manager in all aspects of project and construction management, business process re -engineering, staffing considerations and all field activities.

Furthermore, EEC has assisted in modernizing the City's 20-year masterplan with production of construction schedules using Microsoft Project, and regularly assists the Water Supervisor in meeting five- year goals for water pumping and construction management. EEC has also facilitated restructuring and digitization of 60 years' worth of historical documentation associated with the City's water system. As a result, EEC has an extensive understanding of the City' s production well sites, reservoirs, Metropolitan Water District ( MWD) connections, pressure regulating values, and lift stations. This level of understanding will ensure that EEC can continue to ramp up to speed quickly on as -assigned water distribution infrastructure tasks.

The estimated level of effort for as -assigned water distribution infrastructure support services is projected at approximately 125- 150 hours.

Stormwater Compliance
While the City' s Municipal Separate Storm Sewer System ( MS4) program is not implemented and managed by the Water Resources Division, stormwater related issues can often impact the division where experience and knowledge of the MS4 permit is necessary. As example, EEC recently assisted in the evaluation of stormwater based legal authority and issues associated with homeless encampments near flood control channels. EEC also assists the City with responding to illegal discharges to the City's MS4 system from food service establishments and routinely follows -up on other FSE related stormwater issues ( e.g., waste grease storage area housekeeping). EEC has also supported permit application and compliance associated with the Upper Newport Bay selenium TMDLs. This issue impacts the City's potable water discharges tributary to the Upper Newport Bay. As -assigned, EEC can continue to assist the City with the TMDL compliance related this new permit.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 21 August 4, 2020
City Council 21 – 42 11/21/2023

ENVIRONMENTAL
EEC
The estimated level of effort for as -assigned stormwater compliance support services is projected at approximately 80- 100 hours.

Project Management and Assistance
EEC can continue to assist the City with managing a wide variety of projects including WDR compliance deadlines, sewer system characterization and investigation activities, and drinking water distribution and discharge. As -assigned, EEC will conduct regular meetings with City personnel to provide updates and discuss project status.

EEC will continue offer qualified personnel to supplement the City's resource support needs ranging from development of innovative software solutions to composing requests for proposals.

EEC personnel have been involved in many aspects of City' s water engineering and development, including plan preparation, cost estimates, and specifications for a variety of projects pertaining to water and sewer applications. EEC personnel have assisted in updating system management maps and records as well as assisting in project oversight and interfacing with other governmental agencies and contractors. EEC personnel will continue to collaborate with treatment and distribution operators to facilitate decisions regarding treatment and distribution parameters, settings, and general operations. EEC will also continue to support coordination of permits and annual renewals for dewatering permits, encroachment permits, National Pollutant Discharge Elimination System (NPDES) permits, and South Coast Air Quality Management District (SCAQMD) permits.

The estimated level of effort for as -assigned project management and assistance services is projected at approximately 400- 500 hours.

4. General Sewer System O& M Support
Source Identification. Prioritization. and Remediation - Having studied more than 300 enhanced maintenance locations and identified numerous individual sources of FOG blockages in California, EEC has developed and provides unique expertise in assessing sewer system issues and developing corrective action plans, including source identification and mitigation. Public agencies frequently hire EEC to conduct such characterization studies and use the resulting data to prioritize FSE inspections, improve cleaning and tracking of EMLs, and inform SSO contingency plan development for high -risk pipelines.

When an issue is identified in the sewer system, EEC will conduct the following general steps to ensure a thorough investigation is conducted.

1. EEC will coordinate CCTV inspection of the area. The line will be typically be inspected in its current condition, then re -inspected after cleaning to establish a baseline of the clean line. If suspicious materials that can not be clearly identified are noticed, EEC will collect samples of the materials for further analysis.

2. After a set period of time, EEC Will coordinate follow- up CCTV activities at the location in an attempt to clearly identify the source of the issue. With FOG accumulation, a visible trail will typically accumulate at a specific lateral connection, often leading to identification of the source.

3. Once the source is identified. EEC will work with the City to mitigate that source which could include meeting with the facility and/or conducting routine inspections, or other elevated enforcement actions.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 22 August 4, 2020
City Council 21 – 43 11/21/2023

ENVIRONMENTAL
EEC
Response to and Enforcement of Private Sewer Spills - A timely response to any SSO is critical not only in minimizing the environmental impact of the spill, but also in
collecting/analyzing important information needed for reporting the spill and determining the cause(s) of the spill. EEC' s SSO response experts are certified by the California Water
Environment Association in SSO Electronic Reporting and are prepared to conduct follow-up investigations of private SSOs.

Investigations consist of identification of the cause( s) of the SSO and discussions with agency staff to determine
corrective actions. Preliminary discussions are conducted with property owners to implement corrective actions. EEC' s extensive CCTV assessment of sewer lines provides clients with the necessary expertise to properly assess and offer recommendations concerning private sewer laterals.

SSO Response Support
Where "voluntary' implementation of corrective action by a property owner proves unsuccessful, administrative orders may be required to ensure implementation of required measures. Followup discussions with private property owners conducted by EEC are typically initiated well before the administrative order deadlines to ensure adequate progress and to avoid last-minute extensions.

Sewer System Condition Assessment - EEC has analyzed countless hours of CCTV data and has used this data to drive capital improvement and sewer master plan development. EEC draws on this experience and expertise to ensure that an agency' s planning and funding aligns with current asset conditions.

Develop a sewer system maintenance ( cleaning) program and schedule. - As discussed in the core services section, EEC will advance development of the sewer system maintenance and cleaning program and schedule. The program and schedule will prioritize sewer main cleaning based on parameters such as topography, pipe condition, flow characteristics, and historical inspection analyses. The sewer maintenance program is intended to optimize cleaning frequencies and resource deployment. EEC had previously developed and initiated pilot testing of this asset management practice with the City and is prepared to further test and implement the methodology system wide. Along with development and coordination with City Feld personnel, EEC deliverables will include cleaning program maps in formats compatible for use with the City's infraMAP software.

The estimated level of effort for as -assigned general sewer system O& M support services is projected at approximately 200-250 hours.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 23 August 4, 2020
City Council 21 – 44 11/21/2023
QEEC

ENVIRONMENTAL
Summary of Key Deliverables
Based on the scope of services, the following key deliverables are anticipated for this project:

FOG program protocol assessment reports and recommendations ( as needed) Monthly inspection status reports summarizing inspections conducted, compliance status, and recommendations for follow-up and enforcement actions Quarterly program review/status meetings with City staff FOG outreach and educational materials procurement and distribution (as needed) Updates to FSE inspection database with OCHCA NPDES inspection data ( as needed) Memoranda/reports on emerging MS4 requirements (as needed) Updates to FSE inspection database with new FSE data from various sources (as needed) FOG program initiative recommendations/reports (as needed) Evaluation/assessment reports for emerging GRE devices and additives ( as needed) Mapping document updates and recommendation reports (as needed) Workflow and CMMS development recommendation reports (as needed) Memoranda/reports on emerging WDR/SSMP requirements (as needed) SSMP internal audit and recommendation reports
2024 SSMP update
SSO Sewer Lift Station Contingency Plan
SSO response support (as needed)
Sewer system maintenance (cleaning) program and schedule Memorandum of recommended changes for the City Municipal Code Section 39-56 Classroom and field training on FOG/WDR/SSMP/GIS/CMMS topics (as needed) Monthly Invoices including number of hours by labor category and hourly rates ( as included in the fee proposal)
Additional deliverables to be identified as as -needed tasks are assigned Updated milestone schedule based on assigned as -needed tasks Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20-089 24 August 4, 2020
City Council 21 – 45 11/21/2023
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Page 1 ends

City Council 21 – 46 11/21/2023
Forms and Certifications
The forms included as Attachment 3 and 5 in RFP 20-089 are completed, signed, and included as Appendix B.

Proposal to Provide WDR Compliance Services -
City of Santa Ana, RFP 20- 089 26 August 4, 2020
City Council 21 – 47 11/21/2023

APPENDIX A

PROJECT TEAM RESUMES
City Council 21 – 48 11/21/2023
Assessment/ Remed iatio n
Wastewater/ Stormwater
Litigation Support
Regulatory Compliance
Technology/GIS
Jim is an industrial engineer with more than 20 years of project management experience He has extensive expertise in wastewater/ sewer system program support, including fats, oils, and grease ( FOG) program development, industrial wastewater pretreatment program development, sanitary sewer overflow ( SSO) response and data management, stormwater compliance, collection system characterization, and geographic information system ( GIS) / database integration. Jim routinely manages projects with complex regulatory compliance is- kv sues related to state enforcement, consent decrees, and compliance audits. He has managed multiple projects involving development and management of hundreds of permits, including thousands of facility inspections and enforcement actions.

Jim holds a Bachelor of Science in Industrial Engineering from San Jose State University. He maintains professional certification in Sanitary Sewer Overflow Reporting from the California Water Environment Association and in Pipeline Assessment and Certification from the National Association of Sewer Service Companies.

EXPERIENCE
Project Manager / Technical Lead, FOG Control Consulting, Various Municipalities I Nationwide Provide expert FOG control consulting services, including ordinance and permit development, grease interceptor sizing and installation, sewer line characterization, inspection and enforcement procedures, and database and GIS management.

Clients include Boston Water and Sewer, Seattle Public Utilities Commission, Orange County Sanitation District, Irvine Ranch Water District, and City of Santa Ana.

Project Manager, Food Service Establishment Inspection Management Services, Various Municipalities I Southern CA Manages food service establishment inspection programs for five cities and sewer districts in support of FOG -control programs.

Has overseen 20,000+ inspections to date and issuance of 7, 500+ notices of noncompliance or violation.

Manages issuance of compliance enforcement measures and tracking of corrective actions.

Project Manager, Stormwater Management Services, Airgas Products I El Segundo, CA Managed the development and implementation of a stormwater pollution prevention plan and monitoring and reporting program for the Airgas facility in Torrance, California.

Managed the National Pollutant Discharge Elimination System compliance and training services provided by EEC.

Project Manager, Various Commercial and Industrial Wastewater Treatment/ Stormwater Projects I CA Routinely hired by commercial and industrial clients to assess, design, and develop effective, economical solutions for wastewater treatment systems.

Projects include enhancements to aeration system to increase efficiency, digester systems to reduce sludge disposal costs, and lift stations and interceptors to address odors.

City Council 21 – 49 11/21/2023
EXPERIENCE (CON.)
Project Manager, Pretreatment Program Development and Implementation, Various Municipalities I Nationwide Pretreatment program assessment, development, and implementation of key program elements, including legal authority review/ development, industrial waste survey screening, and local limits development/ implementation.

Managed the preparation of program manuals and procedures/ guidelines for industrial user inspection, sampling, and enforcement activities.

Project Manager / Subject Matter Expert, SSO Consent Decree Support, Confidential Client I CA Managed all technical support activities related to an SSO consent decree response for a California sewer agency.

Work involved detailed assessment of SSO-related programs, recommendation of program enhancements, development and negotiation with the environmentalist group on behalf of the client for reasonable performance measures, and development and implementation of critical program upgrades.

Technical Lead, Industrial Wastewater Pretreatment Audits, Multiple Clients I Nationwide Audited multiple industrial wastewater pretreatment programs involving categorical industrial user permit compliance, slug discharge control plans, discharge monitoring, enforcement response, and program reporting.

City Council 21 – 50 11/21/2023
Wa
Regulatory eComp Compliance
er
Litigation Support
Regulatory Compliance
Assessment/ Re med i ation
ENVI RON MENTAL Technology/ GIS

JOHN SHAFFER
CE01Principal
3 John is the founder and president of EEC. John has more than 25 years' experience managing water resource projects and helping clients achieve compliance with their NPDES and other wastewater and storm water discharge permits. He leads the EEC FOG team that is nationally recognized as a FOG control expert and has developed, implemented, and assessed more than 14 FOG control programs. Under John' s direction, the EEC FOG team has conducted FOG characterization studies for 15 cities and wastewater districts. When FOG was identified as a leading cause of sanitary sewer overflows (SSOs) and beach closures in California, John was at the forefront of efforts to curb FOG discharges to the sewer system, serving as the program manager in the largest FOG control study in the country conducted on behalf of Orange County Sanitation District and its 26 member agencies. John holds a General Engineering Contractors License and is a member of the Water Environment Federation, California Water Environment Association, and California Association of Sewer Agencies.

EXPERIENCE
Program Manager, Sanitary Sewer Overflow Study I National Oversaw a $ 250,000 national research study for Orange County Sanitation District and County of Orange on the causes of and solutions to SSOs. The study was conducted in response to the growing problem of beach closures in Orange County, California.

Evaluated the causes of grease blockages linked to wastewater discharge from restaurants and residehces; grease buildup creates sewer line blockages that result in SSOs and sewage flow to storm drains, creeks, and eventually beaches.

Project Manager, 30 Industrial Stormwater Compliance Programs I Statewide Managed 30 separate industrial stormwater compliance programs throughout California and oversaw the following:
stormwater sampling, containment system design and installation, stormwater pollution prevention plans, stormwater monitoring and reporting program preparation, and permitting with the California Regional Water Quality Control Board.

Project Manager, Sewer System Characterization I Orange County, CA Managed $ 1 million+ in sewer system characterization projects for cities and wastewater agencies in Orange County and oversaw CCTV inspections, sewer mapping using GIS, and structural and sewer blockage source identification.

Project Manager, California Fats, Oils and Grease ( CaIFOG) Workgroup I CA Represented CaIFOG in negotiations with the International Association of Plumbing and Mechanical Officials concerning critical revisions to the Uniform Plumbing Code that would affect every sewering agency in California.

CalFOG is a special workgroup within the Tri-TAC that focuses on the development of FOG control tools that may be used throughout the State; Tri-TAC, which is jointly sponsored by the California Association of Sanitation Agencies, California Water Environment Association, and League of California Cities, is a statewide technical advisory committee comprising members from public agencies and other professionals responsible for wastewater treatment.

The constituency base for Tri-TAC collects, treats, and reclaims 2 billion+ gallons for wastewater each day and serves most of the sewered population in California.

City Council 21 – 51 11/21/2023
L
Ass
anon Support
diation
Wastewater/ Stormwate r
Litigation Support
Regulatory Compliance
ENVI R O N MENTAL Technology/ GIS
Project Regulatory Specialist
Joseph has performed more than 5, 000 inspections of food service establishments ( FSEs) for compliance with fats, oils, and grease ( FOG) control programs, including those of the Costa Mesa Sanitary District, City of Santa Ana, City of La Habra, City of Anaheim, and Irvine Ranch Water District. Joseph has also conducted thousands of industrial pretreatment and stormwater inspections of industrial and commercial facilities. Joseph manages and schedules EEC' s FSE inspection programs and provides training and quality control / quality assurance of EEC' s FOG inspectors. Joseph is also EEC's lead auditor for sewer system management plan ( SSMP) audits. To date, Joseph has conducted internal SSMP audits for the Costa Mesa Sanitary District, City of La Habra, City of Buena Park, City of Santa Ana, and City of Anaheim.

Joseph holds a Bachelor of Science in Business Administration from York College in Nebraska; a certificate in Environmental Management from the University of California, Irvine, Extension; a certificate as a Grade I Environmental Compliance Inspector through the California Water Environment Association; and a certificate as a Qualified Industrial Stormwater Practitioner ( QISP). Joseph also maintains certification in OSHA 40-hour HAZWO-PER training and in the Pipeline Assessment and Certification Program.

EXPERIENCE
FOG Inspector, FOG Inspection Programs for Multiple Cities and Sewer Agencies I Statewide, CA Serves as the lead FOG inspector in support of FOG multiple cities and sewer districts including IRWD.

Completed thousands of FSE inspections in support of agencies' FOG control programs and has achieved a high rate of compliance for those FSEs.

Senior Staff, FOG Control Consulting for Various Municipalities I Nationwide Assists EEC' s project managers to provide support for FOG control consulting services ranging from ordinance and permit development, grease interceptor sizing and installation requirements, sewer line characterization, inspection and enforcement procedures, sanitary sewer overflow response procedures, and database and GIS management.

Project Manager/ Lead Inspector, Industrial Pretreatment Program, City of El Segundo I El Segundo, CA Developed and implemented industrial pretreatment program for the City Permitted categorical industrial users
Performed Industrial Waste Surveys
Conducted inspections for industrial users
Conducted and managed enforcement actions
Completed Annual Pretreatment Program Reports for submittal to local Regional Water Quality Control Board Lead Trainer, SSO Prevention and Response Program, City of San Gabriel I San Gabriel, CA Trained City of San Gabriel staff on prevention of and response to SSO.

Training consisted of a classroom instruction session that reviewed State and City monitoring and reporting requirements, proper response procedures, and proper volume calculation methods. Training also entailed field training sessions during which varying volumes of water were spilled and trainees practices containing the spills, estimating the volume of spilled water, and completing reporting forms.

City Council 21 – 52 11/21/2023
EXPERIENCE ( CON.)
Senior Staff, FOG Control Program Manual Development, Baltimore County I Baltimore, MD Developed the FOG Control Program Manual for the Baltimore County FOG Control Program.

Manual included procedures for inspecting FSEs, requirements for installation of grease control devices, and FSE educational materials that were created by EEC, including best management practices.

Compliance Inspector, NPDES Inspections and Program Management, Cities of Santa Ana and Anaheim Orange County, CA
Performed hundreds of NPDES inspections for the City of Anaheim and the City of Santa Ana.

Currently manages the monthly NPDES inspection program and trains inspectors on the proper inspection procedures.

Lead Auditor, SSMP Internal Audits for Various Municipalities I Nationwide Assists EEC' s project managers to provide support for conducting internal audits of SSMPs.

Reviews SSMP-related documentation and conducts interviews of municipality staff members.

Completes technical report documents specifying important findings and recommendations.

City Council 21 – 53 11/21/2023
L
Asgation Support
Wastewater/ Stormwate r
Litigation Support
Regulatory Compliance
ENVIRONMENTAL Technology/ GIS
FALLON. . NKLIN
Sr. Staff Engineer
Fallon Franklin, a graduate from California State Polytechnic University, has been highly involved in the FOG control programs that EEC manages on a daily basis. Fallon has conduct - ad thousands of FOG inspections at food service facilities, and is intimately familiar with the wide variety of grease interceptor designs available. As a Staff Engineer with EEC, Fallon also assists with grease interceptor installation designs, plan review and plan approval, and unique installation design issues.

Fallon also has extensive exierence with computer aided design ( CAD) engineering Her experience in CAD software has been showcased and featured on various platforms ranging from the installation of grease interceptors to designing isometric configurations for important commercial, private, and public pipe systems. Her well respected experience has given her opportunities to teach proper usage of CAD software to college and high school students.

EXPERIENCE
FOG Inspector, FOG Inspection Programs for Multiple Cities and Sewer Agencies I Statewide, CA Completed thousands of.FSE inspections in support of agencies' s FOG control programs Developed FOG control educational materials
Assisted with FOG control program design, implementation, and improvements Grease Interceptor Design for Multiple Food Service Facilities I Statewide, CA Reviewed FSE layout and designs to determine proper grease interceptor installations Developed plans for submittal and approval from regulatory agencies Installation oversight
Performance monitoring and long-term management
Compliance Inspector, NPDES Inspections and MS4 Program Management, City of Huntington Beach Orange County, CA
Performed hundreds of NPDES inspections for the City of Huntington Beach.

Currently manages the monthly NPDES inspection program and trains inspectors on the proper inspection procedures.

SSO Response Support for Various Municipalities I Statewide, CA Assists in the resposne and follow-up activties related to SSO events on behalf of agencies. During the SSO response„ the responsible party, cause of the SSO, and follow-up actions are identified. Fallon then developer enforcement letters and works with the responsible party to ensure future SSOs do not occur.

City Council 21 – 54 11/21/2023
Asses
qg ELC
Wastewater/ menUStormwater Stormwater
Litigation Support
Regulatory Compliance
E NVI R O N MENTAL Technology/ GIS
Baltazar Maldonado, a graduate from California State University Long Beach, has conducted thousands of FOG inspections at food service facilities, NPDES stormwater inspections at industrial and commercial facilities, and SSO emergency response and elevated enforcement actions. Baltazar has also worked with industrial and commercial facilities on stormwater and FOG related BMP evaluations to determine the proper BMPs that should be implemented and to resolve consisten compliance issues. Baltazar is EEC lead responder for SSO occurances.

During these events, Baltazar helps to determine the cause of the SSO and the necessary actions to resolve the SSO cause. Following the SSO event, Baltazar determines the necessary corrective actions to be conducted, and works with the facilities to ensure these actions are followed to prevent future SSO occurances.

EXPERIENCE
FOG Inspector, FOG Inspection Programs for Multiple Cities and Sewer Agencies I Statewide, CA Completed thousands of FSE inspections in support of agencies' s FOG control programs Developed FOG control educational materials
Assisted with FOG control program design, implementation, and improvements Compliance Inspector, NPDES Inspections and MS4 Program Management, City of El Segundo Las Angeles County, CA
Performed hundreds ofNPDES inspections for the City of El Segundo Currently manages the monthly NPDES inspection program and trains inspectors on the proper inspection procedures.

SSO Response Support for Various Municipalities I Statewide, CA Assists in the resposne and follow-up activties related to SSO events on behalf of agencies. During the SSO response, the responsible party, cause of the SSO, and follow-up actions are identified. Baltazar then developes enforcement letters and works with the responsible party to ensure future SSOs do not occur.

Small MS4 Permit Program Management, Stormwater Sampling, Industrial General Permit Compliance, March Air Reserve Base I Moreno Valley, CA.

Conducted Storm Event Sampling
Developed Stormwater Monitoring Plan
Completed Required Reports per Permit Requirements
City Council 21 – 55 11/21/2023
LC Assation Support
diation
Wastewater/ Stormwater
Litigation Support
Regulatory Compliance
ENVI R O N MENTAL Technology/ GIS
Senior Regulatory Compliance Specialist
Mr. Keith Silva is 40-year veteran of the U. S. Environmental Protection Agency in positions ranging from physical science technician to environmental engineer in the Washington, D. C., headquarters office and Regions 7 and 9 field offices. Part of Mr. Silva' s career has been to identify, using several sources of information including on -site inspections, industries or municipalities that should be the subject of EPA enforcement actions. He oversaw and worked with a team of 10 inspectors. He is a certified EPA inspector authorized to perform inspections under all of the laws EPA implements. The EPA training necessary to receive inspector credentials is extensive and includes several general law enforcement topics, such as effective questioning techniques, working with uncooperative parties, defusing tense situations, and obtaining needed information quickly in response to an emergency situation. Throughout his career, Mr. Silva has encountered and effectively dealt with all of these situations in the field.

Mr. Silva has been successful in collaborating with industry and municipalities to achieve EPA' s goals in the pretreatment program. A key element to his success has been the effort he invests in research and taking the time to clearly and simply explain EPA' s position in a matter. In 1999, the Mayor of the City of Phoenix, Arizona, recognized Mr. Silva' s contribution to the City and presented Mr. Silva with a " Friend of Phoenix" award in appreciation of his productive working relationship with the City. Mr. Silva has been very successful at the EPA in using the Internet to collaborate with stakeholders and manage the pretreatment program. In 2006, EPA' s Administrator (then Stephen Johnson) and the agency' s Web Workgroup recognized his pretreatment website for its clearly written content in plain English and its ease of navigation.

Mr. Silva has been a frequent featured speaker at water pollution conferences, particularly at the California Water Environment Association ( CWEA) annual conferences. In recognition of his substantial public speaking contribution to CWEA, in 2003 the organization inducted him into an Honorary Order named " The Order of The Silver Cover." He is the 48th person to receive this award in the history of the association. Mr. Silva holds a Bachelor of Science in Aeronautical Operations from San Jose State University

EXPERIENCE
Environmental Engineer, U.S. Environmental Protection Agency, Region 9 1 San Francisco, CA Managed pretreatment program in EPA' s San Francisco office.

The pretreatment program is authorized under the Clean Water Act and controls industrial wastewater that is discharged to municipal sewers and ultimately flows into municipal sewage treatment plants. EPA' s San Francisco office covers Arizona, California, Hawaii, Nevada, Pacific Islands, and 147 Native American tribes.

Responsible for training, advising, and education, collaboration and program management, and technical and regulatory research and analysis in the Clean Water Act Compliance unit, which is the group that enforces the Clean Water Act.

As a program manager, assisted industries and municipalities in solving problems before EPA enforcement became necessary.

Conducted public hearings before adversarial, confrontational audiences to accept comments and explain why controversial environmental requirements were necessary to protect a water resource.

Frequently answered water pollution questions from the public and represented EPA regional office in speaking with the press and media.

City Council 21 – 56 11/21/2023
Ll
Assessment/ Remediation
Wastewater/ Sto rmwater
Litigation Support
Regulatory Compliance
Technology/ GIS
During his 38 years of professional experience, Dr. Dennis Kasper has provided technical advice and supervised the planning and implementation of major national and international environmental engineering projects. These projects include municipal, private, and industrial water supply and water/wastewater treatment with an emphasis on membranes including seawater and brackish desalination, zero discharge systems, water quality, water chemistry, water treatment and recycling. His experience includes assessing water quality requirements, identifying cost effective water treatment processes, and designing facilities to achieve clients' requirements. Dr. Kasper is also an Adjunct Professor at Loyola Marymount University teaching graduate courses in Desalination and Membrane Systems, Aquatic Chemistry, Physical and Chemical Treatment Processes, and Wastewater Treatment and Reclamation.

Dr. Kasper holds a Ph. D. in Environmental Engineering and an M. S. in Civil Engineering from Caltech, Pasadena, CA and a B. S. in Civil Engineering from Loyola Marymount University, Los Angeles, CA. His areas of expertise include:

Desalination, Membranes, Water Treatment Processes, Wastewater Reclamation, Island Water Supplies, Water Treatment Chemistry, and Distribution System Water Quality.

PROFESSIONAL EXPERIENCE
Reverse Osmosis
City of Corona, CA. Project manager for the design of a 15 mgd brackish groundwater reverse osmosis ( RO) system consisting of wells, 10 mgd RO plant, blending system, source water and product delivery pipelines, and control system.

Coronado, CA. Process Specialist for the preliminary design of a 0. 75 MGD wastewater recycling system incorporating MBR biological treatment followed by partial reverse osmosis to manage TDS.

Marin Municipal Water District, CA. Responsible for evaluation of seawater reverse osmosis desalination costs and project economic feasibility for a 15 mgd facility located on San Francisco Bay. Provided cost information reflecting latest reverse osmosis membrane and pumping system technologies and alternative procurement methods.

Monterey Peninsula Water Management District, Monterey, CA. Project Manager for evaluation of desalination alternatives and development of project economics for seawater desalination plants with capacities ranging between 5 and 14 million gallons per day. Evaluated sites at Sand City and the Moss Landing Power Plant.

Tampa Bay, FL. Developed preliminary process design and cost estimates for 25 mgd seawater desalination plant co - located with a thermal power plant. Design included pretreatment, membrane selection, post -treatment and product water delivery.

Hong Kong. Served as Technical Director and Project Manager of feasibility study evaluating brackish water and seawater reverse osmosis for Hong Kong. RO pilot plant installed at the Lok On Pai multistage flash distillation plant to evaluate variations in seawater salinity and pretreatment requirements.

Chile Desalination Technologies Reverse Trade Mission, USA. Under contract to the U. S. Trade Development Agency served as reverse osmosis specialist accompanying a delegation from Chile evaluating technologies for seawater desalination. Prepared technical presentations and coordinated interviews with various U. S. membrane and equipment manufacturers and consulting engineers.

Cannery Row LP, Monterey, CA. Project Manager for a study identifying and evaluating alternative seawater reverse osmosis systems for a multi -use development located on Cannery Row in close proximity to the Monterey Aquarium.

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Port Hueneme, CA, US Navy. Directed a one year pilot evaluation of the standard military reverse osmosis water production unit for the U. S. Navy. The seawater RO pilot study evaluated various pretreatment systems including several MF and OF filters and two energy recovery systems.

Pebble Beach Company, Carmel Wastewater Wastewater Recycling System. Responsible for evaluation of reverse osmosis treatment of reclaimed water at Carmel, California. Developed water quality model to optimize tertiary and desalination system design and minimize overall costs to achieve the water quality required for the salt sensitive golf course turf.

Shayba, Saudi Arabia. Technical director and process specialist for a 250,000 gpd reverse osmosis water treatment system. Also served as Project Manager for preparation of environmental impact report on the development of a half - million gallon per day oil field gas separation plant, power generation system, airport serving, jet aircraft, 400 miles of pipeline and 200 miles of new roads.

IBM Electronics Manufacturing, Tucson. Evaluated existing problematic RO system. Piloted, designed and specified a zero -discharge industrial wastewater treatment system incorporating a vapor compression brine concentrator (500 M'/ d).

The brine concentrator reduced the RO reject flow discharged into over loaded solar evaporation ponds.

Bureau of Reclamation. Served as project consultant for the Bureau of Reclamation' s Yuma Desalting Test Facility providing testing, design, and operational evaluations and recommendations. In this role, he evaluated many of the salinity and water quality problems of the Colorado River Basin including management of brines, disposal of softening sludge, and disposal of desalination waste solutions including membrane preservatives and spent cleaning solutions.

Alinda Capital: Technical Consultant for Alinda' s Santa Paula CA Water Reclamation Facility. Alinda provided a 4. 3 MGD wastewater recycling and groundwater recharge facility using a Design, Build, Own, Operate and Finance Contract ( DBOF) vehicle. The facility included a RO system to prevent scaling of the MBR membranes. Dr. Kasper' s role included review of:
process designs, major equipment specifications and warranties, overall system integration, compliance with DBOF contract terms and conditions, construction contractor progress, and regulatory compliance.

San Francisco Public Utilities Commission, San Francisco CA. Project Manager for Recycled Water Membrane Pilot Studies.

Responsible for the procurement and operation of two membrane pilot plants at the Oceanside Water Pollution Control Plant. The pilot plants ( GE Zenon and Pall) were used to optimize operating parameters and to develop capital and 0&M cost estimates for producing Title 22 water from 30-30 secondary effluent currently discharged via ocean outfall.

Glenwood Springs Salt Control, CO. Process Specialist for a study evaluating environmental impacts of treatment of saline discharges from Glenwood Springs into the Upper Colorado River. The overall system consists of interception wells, transmission mains, desalination treatment and brine crystallization and drying.

West Basin Municipal Water District, Carson Reclamation Plant, CA. Technical Director for the design and construction of a membrane reclamation plant with ultimate capacity of 20 mgd. The first phase facility consists of 6. 5 mgd microfiltration pretreatment, 5 mgd RO, permeate stabilization. Plant feedwater is filtered secondary wastewater effluent and product water has TDS less than 100 mg/ L. The microfiltration backwash is nitrified and used for industrial cooling water.

British Petroleum -West Basin Municipal Water District, CA. Determined feasibility and costs for a Reclaimed industrial water supply for the expansion of BP' s southern California refinery and for supplying cooling water to a proposed hydrogen fueled power plant. Responsible for evaluating various alternatives for supplying 25 mgd recycled water to the BP Hydrogen Power Plant and Refinery from West Basin' s recycled water system. Key considerations included boiler feed water and cooling tower water quality requirements, ammonia levels, and overall TDS and calcium hardness.

West Basin Municipal Water District, Carson CA. Responsible for treatment process selection for the expansion of the Carson Regional Water Recycling Facility from 5. 8 MGD to 16 MGD. Processes are designed to provide both industrial cooling waters and boiler feed water. The boiler feed water system consists of two pass RO systems followed by a membrane deoxygenation to reduce oxygen to less than 7 ppb.

Los Banos Desalination Test Facility. Managed design project for California Department of Water Resources to evaluate pretreatment and membrane systems for proposed 400- mgd agricultural wastewater desalting plants.

Selected Water Quality and Water Treatment Systems
Dubai. UAE Responsible for water quality considerations in the Dubai Water Supply Master Plan and evaluation of corrosion control to mitigate problems resulting from blending multiple water sources in their distribution systems.

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Muscat, Oman. Evaluated reverse osmosis desalination system and evaporation processes as expansion alternatives in Muscat, Oman. Key consideration is blending with the existing groundwater supply which is experiencing seawater intrusion. Evaluated compatibility of distribution systems with alternate sources of water.

Water Quality Specialist, Southern Nevada Water Authority, Las Vegas, NV. Served as Water Quality Specialist on multiple projects including ground water and surface water treatment. A 60 mgd Virgin -Muddy River System which would use pretreatment, first stage RO, interstage lime softening, second stage RO, brine recovery and brine evaporation.

Responsible for developing process evaluation plan, process selection, and preliminary design.

San Gabriel Valley, CA. San Gabriel Basin Water Quality Authority — Technical Director for the preliminary design of a groundwater treatment system and preparation of the Environmental Impact Statement for the Baldwin Park Operating Unit, a 20- million gallon per day groundwater treatment system. Worked with the Water Quality A treatment system consisting of air stripping with off -gas carbon adsorption followed by liquid phase carbon adsorption was designed and costed. Project components consist of source water wells, piping and manifolds to deliver the water to the treatment plant, product water disinfection, and product water delivery to. local potable water systems.

El Segundo, CA. Edward C. Little Water Recycling Facility, Phase V Design Build, West Basin Municipal Water District, El Segundo, CA. Serves as technical director for process engineering for the design and construction of the Phase V facilities consisting of ozone pretreatment of a secondary effluent, microfiltration, reverse osmosis, and AOP ( UV and peroxide).

The expansion increases Title 22 production used for irrigation and industrial cooling, two stage RO used as a high purity boiler feedwater and MF- RO- AOP used for direct injection into a seawater barrier without blending with a potable water supply.

City of Pacific Grove, CA. Prepared preliminary design and developed Design -Build procurement package for a 250, 000 MBR wastewater reclamation system producing recycled water for golf course irrigation. Providing design review - approval and construction oversight for the City.

Carson Regional Water Recycling Facility Master Plan, Carson CA. Dr. Kasper served as a technical director for this WBMWD' s regional recycling facility. Product water qualities evaluated include barrier injection water, single stage RO boiler feed, two stage RO boiler feed and industrial cooling water. WBMWD design criteria were applied to the equipment selection and process layout. The expansion processes were integrated with the existing process units and configured to minimize footprint requirements given the limited site area.

Resort Islands
DIVI Development Corporation, The Virgin Islands. Evaluated water resources, including wastewater reuse, aquaculture systems, and seawater reverse osmosis desalination to meet the water need of two large hotel developments located on the Virgin Island. Wastewater reclamation is more cost-effective than seawater desalination for irrigation of landscape and golf courses.

Paradise Island, Bahamas. Designed, supervised installation and startup of 0. 5 MGD seawater reverse osmosis desalination system serving over 2, 000 hotel rooms. High efficiency pumping/ energy recovery incorporated to reduce power consumption. Beach seawater well supply and brine outfall were included in the project.

Saipan. Served as technical director for the conceptual and preliminary design for a 15, 000 CMD water supply system using seawater reverse osmosis for the Lao Lao Bay Resort Development in Saipan. Also addressed wastewater facilities at this a major development on the east side of Saipan. Defined potential environmental impacts.

New Providence Development Corporation, Nassau, Bahamas. Project Manager for the evaluation of salt water intrusion and over pumping of a groundwater infiltration system covering twenty-four hundred square acres. Multiple test wells were installed for profiling the salinity of the groundwater. Over extraction of the field had resulted in increasing chloride levels. Prepared preliminary design for treatment systems and partial RO to meet TDS requirements.

Polymetrics Inc., New Providence Island, Bahamas. Prepared water balances and developed irrigation requirements for the South Beach Resort under contract to Polymetrics, a manufacturer of seawater reverse osmosis systems.

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APPENDIX B

FORMS AND CERTIFICATIONS
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CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES

APPENDIX
ATTACHMENT 3: PROPOSER' S REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm' s qualifications.

Reference
Customer Name: Costa Mesa Sanitary District
Address: 290 Paularino Ave
Costa Mesa CA. 92626
Contact Individual: Mr. Scott Caroll
Phone Number: ( 949) 645-8400
Facsimile Number:

Contract Amount: $ 110, 000 Year: 2004 - Present
Description of supplies, equipment, or services provided:

WDR and SSMP support, FOG program management and inspections, GIS support, CMMS support, and modeling services.

Reference
Customer Name: Irvine Ranch Water District Contact Individual: Mr. Frank Soto Address: P.O. Box 5700 Phone Number: ( 949) 453- 5844
Irvine, CA 92619 Facsimile Number:

Contract Amount: $ 165, 000 Year: 2004 - Present
Description of supplies, equipment, or services provided:

FOG program management and inspection services, database and mapping services, nonroutine customer support Reference
Customer Name: City of Anaheim
Address: 200 S. Anaheim Boulevard STE 276
Contact Individual: Jonathan Heffernan
Phone Number: ( 714) 765-6860
Anaheim CA. 92805 Facsimile Number:

Contract Amount: $ 200 000 Year: 2008 - Present
Description of supplies, equipment, or services provided:

WDR and SSMP support FOG program management and inspections, GIS support, database support City Council 21 – 61 11/21/2023Page 9 of 10

CITY OF SANTA ANA
RFP NO.: 20- 089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
Reference
Customer Name: City of El Segundo Contact Individual: Mr. Lifan Xu Address: 350 Main Phone Number: ( 310) 524-2368
El Segundo, CA 90245 Facsimile Number:

Contract Amount: $ 25 000 Year: 2015 - Present
Description of supplies, equipment, or services provided:

WDR and SSMP support FOG program management and inspections, database support THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

Please refer to Table 3 of the main proposal document for a full list of EEC references.

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CITY OF SANTA ANA
RFP NO.: 20. 089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES

NON COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price; or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed
State of Californ
County of 0-w
Subscribed and sworn to (or affirmed) before me on this 4th day of August 2020, by Ja . es Y_0\`(-. , proved to me on the basis of satisfactory evidence to be the person( s) who appeared before me
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Niotarf Public Signature Notary Public Seal
MHC,NAN.I W NU. N
Notary Public • Calllomia
Orin" County
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FAC0M.. ORplros', Dea: 30.2020 Page t
of 1
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CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES

NON -LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress 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.
2) 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 Federal 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 undersigned shall complete and submit Standard Form- LLL, " Disclosure of Lobbying Activities,' in conformance with its instructions.

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 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.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $ 100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed: 1 lam_ \_ _
Title: al Engineer
Firm: EEC Environmental
Date: August 4, 2020
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CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or 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 for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders,

6. In the event of the Consultant' s non- compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, .and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

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CITY OF SANTA ANA
RFP NO.: 20-089

WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES

7. The Consultant shall include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs ( 1) through ( 7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to aJI the penalties imposed for a violation of the Chapter.

Title:

Firm: EEC Environmental
Date: August 4, 2020

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Santa Ana City CouncilNovember 21, 2023

Santa Ana City Council
November 21, 2023